The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5455 March 9, 1979 SCHOOLS & SCHOOL DISTRICTS: Transportation for students A school district policy which provides school transportation for students in grades K-6 who live more than one mile from school, students in grades 7-9 who live more than two miles from school and students in grades 10-12 who live more than three miles from school is not in conformity with state law which requires school districts to transport all pupils who live more than one and one-half miles from the school they attend. Honorable Edgar J. Fredericks State Senator The Capitol Lansing, Michigan You have requested my opinion on two questions which may be phrased as follows: 1. Is a school district transportation policy, that provides transportation for all students in grades K-6 who live more than 1 mile from the school they attend, for all students in grades 7-9 who live more than 2 miles from the school they attend, and for all students in grades 10-12 who live more than 3 miles from the school they attend, in conformity with 1976 PA 451, the School Code of 1976, Sec. 1321, MCLA 380.1 et seq; MSA 15.4001 et seq? 2. If a school district is violating the School Code of 1976, supra, with regard to its transportation policies, what enforcement power is available to the State Board of Education. In the School Code of 1976, supra, Sec. 1321, the legislature has provided the following: '(1) A board of a school district providing transportation for its residential pupils, except handicapped pupils transported under article 3, shall provide transportation for each resident pupil in the elementary and secondary grades for whom the school district is eligible to receive state school aid for transportation. (a1) . . .' (emphasis added) 1955 PA 269, Sec. 590a, added by 1963 PA 241, the predecessor section to the above quoted statutory provision, contained substantially similar language that is now found in the School Code of 1976, supra, Sec. 1321(1). 1955 PA 269, Sec. 590a, added by 1963 PA 241, was interpreted to require that when a school district provides transportation for any of its resident pupils, except handicapped pupils, it must provide transportation to every resident child for whom the district is eligible to receive state school aid funds for such transportation to the public or nearest nonpublic school. Alexander v Bartlett, 14 Mich App 177, 179-180; 165 NW2d 445, 447 (1968); OAG, 1963-1964, No 4177, p 181 at p 183 (August 19, 1963). Since the legislature has employed substantially similar language in the School Code of 1976, supra, Sec. 1321, it is clear that the same statutory requirement is in force. In the School Code of 1976, supra, Sec. 1322(2), the legislature has provided: '(2) This section shall not be construed to require or permit transportation of pupils to a state approved nonpublic school attending in the elementary grades when transportation is furnished by the school district for secondary pupils only, nor to require or permit the transportation of pupils to a state approved nonpublic school attending the secondary grades when transportation is furnished by the district for elementary pupils only.' This statutory provision clearly contemplates that a school district may elect to provide transportation only for its elementary grades or only for its secondary grades. However, where transportation is being provided, 1976 PA 451, supra, Sec. 1322(2) does not authorize school districts to distinguish between pupils in the same grade living 1 1/2 miles or some greater distance from the schools they attend for the purpose of providing transportation. Therefore, it is my opinion that the school district transportation policy in question is not in conformity with the School Code of 1976, supra, Sec. 1321 to the extent that students in grades 7-9 living between 1 1/2 miles and 2 miles from the schools they attend and students in grades 10-12 living between 1 1/2 miles and 3 miles from the schools they attend are not being transported by the school district. These students are entitled to be transported by the school district. In answer to you second question, the State Board of Education may, inter alia, request the Attorney General on its behalf to file a lawsuit to compel a board of education to comply with the provisions of the School Code of 1976, supra. See the School Code of 1976, supra, Sec. 1281. Frank J. Kelley Attorney General (a1.)