Montana Attorney General Opinion 16-48

Opinion No. 48. Schools-Pupils, Support in Another County. HELD: So long as the county of the pupil's residence is maintaining its school system, the parent is not authorized to move to any other coun- ty, to take his children with him, and then to demand payment for their sustenance from the school district of the former county. Mr. J. H. Higgins County Attorney February 20, 1935. White Sulphur Springs, Montana We . have your letter of February 13, requesting the opinion of this of- fice on the followillg statement of facts: "That the father of this child is a resident of Meagher County, but he is placer mining in Broadwater county, and his child is going to school in Broadwater County, and the father is demanding his allow- ance in the sum of $15.00 per month, in order to pay the child's board." You wish us to advise you if the trustees in question are authorized to pay the claims presented by the father. Section 1010, R. C. M. 1921, as amended by Chapter 102, of the Ses- sion Laws of 1929, provides that whenever the trustees of a school dis- trict deem it for the best interest of the district and the pupils thereof they must under certain conditions spend moneys belonging to the dis- trict for the transportation of pupils from their homes to the school, or for their board, rent, or tuition while at- tending school in their own or some other district. Our Supreme Court has held that this beneficent statute is constitu- tional (State ex reI. Stephens v. Keaster, 82 Mont. 126, 266 Pac. 387), but it has never held that the assist- ance authorized by the statute is to be given as or in lieu of charity. The criticism that the various units of American government are becoming paternalistic may be justified in some instances, but we do not believe that the courts would hold that Section 1010, supra, is intended to relieve the parents of the primary obligation to provide for the support and education of their children. (Section 5833, R. C. M.1921). . As long as Meagher County is main- taining its school system, we can find no law on the statute books authoriz- ing a parent to move to any other county in the State, to take his chil- dren with him, and then demand pay- ment for their sustenance from the school district in Meagher County. We would respectfully suggest that you advise the Board accordingly.