16-8
Montana Attorney General Opinion 16-8
Length: 232 wordsOfficial source
Cite as 16 Mont. Op. Att'y Gen. No. 8
Opinion No.8.
Schools-Transportation-Attendance
Out of State.
HELD: There is no authority of
law for the payment of transportation
where a school is closed and the fam-
ily, for whose children transportation
is claimed, moved outside the state
for the winter.
December 15, 1934.
Mr. H. H. Hullinger
County Attorney
Conrad, Montana
We acknowledge receipt of yours of
December 3, requesting an opinion
from this office on the following
question:
Where a school is closed and a
family with children of school age
have left the state for the winter,
is such family entitled to draw trans-
portation for such children while out
of the state?
To assume that the district may
pay transportation money to such
family is to lose sight of the purposes
of the law that authorizes transporta-
tion for school children. Such trans-
portation is furnished on the assump-
tion that it is a matter of general
public interest to educate all children.
Furthermore, the expenditure of any
and all money authorized by the stat-
utes of Montana, for public school pur-
poses, assuredly can apply only to
Montana schools. We have nothing
to do with schools outside of Mon-
tana. The money the district pays to
the family is a mere gift and has
nothing to do with our public schools.
Such expenditure of school funds is
entirely without authority of law.
(Vol. 15, Official Opinions, page 234.)