Montana Attorney General Opinion 15-60

Opinion No. 60 Schools-High Schools-Post Graduate Courses-School Census. HBLD: The taking of the school t·t'lI- sus has little or no hearing upon the question of the light of the pupils who haye completed regular high school courses to attend the high school in subsequent years until the~' reach the age of 21 yea r~. The high school bon 1'(1 may adopt rules excludin!! post-gradu- ates where the reason is that there is not sufficient room or instTlwtorR to take care of tho:;e \l'ho are entering and takill!! regular courses Iwescrihe(1 for the regular course of stndy in IIny ~·ear . Fehruar.I' 4, IHS:{. '1'his office ha s heen reque~ted for 'Illl opinion as to \l'hether the high school hoard has power to exclude post- graduates from school courses. This office recently answered this same quesHon. which was asked by Mr. Scott FI'ies, Principal of the Butte High School, as follows: "I hal'e your letter relatiye to the prol'isions of the Constitution requir- ing admission of all ~·ouths and chil- dren to the public free schools hetween the ages of sL~ and twenty-one years. (Sec. 7, Art. XI of the Constitution). I do not heldel'e that this proYision of the Constitution was intended to per- mit high school stUdents who haYe finished the regular high school course to retul'l1 to take post-graduate work, particularly where by doing so they would displace others who are taking :l8 OPINIONS OI<' THE A'1'TOID,EY GENERAL the regular high school work. The purpose of the Constitutional proYi- sion was something entirely differ- ent." '1'he question is asked whether the takin~ of the school census e\'er~ year by the clerk of the district of all chil- (hen and youths hetween the ages of six and twenty-one years residing in the district does not authorize all such to attend the high school. The takin~ of the school census has little or no bearing upon the question of the right of the 11Upils, who have completed reg- ular high school courses, to attend the high school in subsequent years until they reach the age of twenty-one years. The primary purpose of the taking of the school census was to determine the number of pupils in each district entitled to attend school in order that certain school funds could be (listrihut- ed to the Yluious school districts of the state on the basis of the school needs. All Impils residing in the district with- in the ages prescribed are included in the school census. without rpgard to the fact of whether they attend the public school or attend a private school in the district. The omission of any pupil's name from the census would not. of course. eXClude the child from attending the school of the district in which he was a resident. Moneys distributed on the census hasi;:; do not go to the support of the high school. (Rec. !)2. Cha p. 148. Laws of min.) '1'he high school is snpported solely from the general county-wide le\'y for high school purposes, and for this reason the taking of the cenRUS and the distribution of certain school fUl1fls on the census hasis could not in any way have any bearing upon the right ~f any census child to attend high school. A high school is defined as an in- tegral unit of the public school system which comprises some one or more of the grades of school work intermedial behw'l'n the elementan- schools and the institutions of high education. (Sec. 1, Chap, 148, Laws of 1!)31). School boards han' power to mal,e rules and regulations for the adminis- tration of the schools and the eonduct of the affairs of the di,,"trict when not in conflict with or contrayening any statutory or constitutional provisions. "'e must construe Sec. 7 of Article XI of the Constitution requiring ad- mission of all youths and children be- tween the ages of six and twenty-one to the public free schools in the light of the intention of the framers of the Constitution. The purpose of this pro- \ision was to prohihit any discriminu- tion in the ma tter of a ttendfl nce fI t the public schools. It was not intended as a maJl'(late to compel the open~ng of the schools, either gmde or high. to those who haye completed the pre- scribed course. A school hoard. within certain limi- tations, is authorized to prescribe such courses of study as will adeqnntel~­ and properly fit the gmdufltes of the high school for admission to an~- of the state institutions of hi~her educa- tion; it could limit the work to such courses as actually required to com- plete a grade or grades for adnlllce- ment to the higher institutions of learning. thus leaving no suhjects not covered by a student completing the course. It is therefore my opiI1ion that the school board may adopt rules excluding pupils who have finished the regular eourse of study at 'the high school from further attendance on the high school ,,'here the reason for doing so is that there is not suffieient room or in- structors to take care of those who are ellterin~ and taking the regula r courses prescribed for the regular eour:-;c of study in any year.