Montana Attorney General Opinion 15-66

Opinion No. 66 Schools-School l)istricts-'rI'aIlSfel-s. HELD: Tha t ~l'l'tioll 1013. II" a melld- ell, pro"iding' for the 1mnsfer of chil- dren from' one school (listrict to an- other mean,; between districts within the state a lid is not confillcd to dis- tricts within the county. February 6, 1933. You reqnest an opinion from this of- fice on the question: Does the law providing for the transfer of children f!'Olll one school district to another dis- trict npply to districts within a county or ma~- it apply where the transfer is made f!'Om a school district in one county to a school district in another county? The statute applicable to snch situa- tion is section 101;~, H. e. ~I. 1921. as amended by chapter lOB, Laws of Hl29, and is as follows; "Before children may attend the ele- lIlentary schools in any distric1: other than the one in which they reside, they must first secure the written con- sent of the board of trustees of the district in which they are to attend the school and also the written con- sent of the county superintendent of sChools of the county in which said children reside, and the county tn'as- m'er shall then transfer to the distlict receiving such pupils all moneys due by apportionment to them". This section does not fully explain whether it is to avply to districts with- ill a county or whether'it may apply hdween counties where one lies in one county and the other in another county hut it has been the practice of the superintendent of public instruction to construe this sl."Ction as applying to any (listricts within the state, and it is the opinion of this office that your opinion, in which you addse that the law means he tween tlistl"icts within the state, and is not confined to districts within the county, ,is a correct interpretation of the meaning of the section.