15-645
Montana Attorney General Opinion 15-645
Length: 398 wordsOfficial source
Cite as 15 Mont. Op. Att'y Gen. No. 645
Opinion No. 645
Schools-High Schools-Residence
-Children, Emancipation of.
HELD: A pupil, whose parents are
non-residents of the school district
where the child attends, may have
emancipated the high school pupil or
placed him with a relative or guar-
dian where the child makes its perma-
nent home, and in such cases the rule
that the residence of the parent is
the residence of the minor child does
not apply.
November 21, 1934.
You request. our advice as to the
right of a high school girl, eighteen
years of age, whose parents do not re-
side in the county, to attend school in
the county without paying tuition.
Admission of pupils, not residents of
the district, to attend any school, is
within the discretion of the board of
trustees, (Sec. 1056, R. C. M., 1921) and
such discretion will not be interfered
with unless abused. (Peterson , .. School
Board, 73 Mont. 442.)
The determination of the question of
residence is a matter of fact in the de-
termination of which the board like-
wise has large discretion. (1(1.) It is
the intention of the statutes that the
management of the schools shall be left
to the discretion of the board of trus-
tees and not to the courts. (Kinzer v.
School District, 129 Iowa 441 ; 3 L. R. A.
(n. s.) 496). The actions of the board,
however, are subject to a fairly well
established rule on the question of resi-
dence, which rule is laid down in Peo-
ple v. Board of Education, 206 Ill. App.
381; Mt. Hope School Dist. v. Hender-
son, 197 Iowa 191, 197 N. W. 47.
In
these, and other pertinent deCisions,
it was held that, "the test of residence
which will confer school privileges is
448
OPINIONS OF THE ATTORNEl' GENERAL
not the same as the test for taxation
or the exercise of the right of suf-
frage."
A child whose parents are non-resi-
dents of the school district where the
child attends, may have emancipated
the child, or placed the child with a
relative or guardian where the child
makes its permanent home, and in such
cases the rule that the residence of
the parent is the residence of the minor
child does not apply. (Mt. Hope Dist.
v. Henderson, supra; Grand Lodge etc.
v. Board, 110 S. E. 440, 90 W. Va. 8, 48
A. L. R. 1092.)