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. 5459 March 14, 1979 SCHOOLS & SCHOOL DISTRICTS: Transportation of students Where no students in the school district live more than one and one-half miles from the schools they attend, a fourth class school district may provide transportation for kindergarten students without providing such transportation for students enrolled in other grade levels. In a fourth class school district, the transportation of pupils to schools maintained by the district must be approved by a majority of the school electors voting on the question at an annual or special election. Honorable Bill S. Huffman State Senator The Capitol Lansing, Michigan You have requested my opinion on the following two questions: '1. May a Michigan fourth class school district provide vehicular transportation for kindergarten students, without providing such for students enrolled in other grade levels? '2. Must such a student transportation system be approved by a majority of the school electors at an annual or special election?' In addressing your first question, we turn to provisions of the School Code of 1976, 1976 PA 451, MCLA 380.1 et seq; MSA 15.4001 et seq. 1976 PA 451, Sec. 1321 provides: '(1) A board of a school district providing transportation for its resident 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. (1) These pupils shall be attending either the public or the nearest state approved nonpublic school in the school district to which the pupil is eligible to be admitted. Transportation shall be without charge to the resident pupil, the parent, guardian, or person standing in loco parentis to the pupil. '(2) A school district shall not be required to transport or pay for transportation of a resident pupil living within 1 1/2 miles, by the nearest traveled route, to the public or state approved nonpublic school in which the pupil is enrolled. A school district shall not be required to transport or pay for the transportation of a resident pupil attending a nonpublic school who lives in an area less than 1 1/2 miles from a public school in which public school pupils are not transported, except that the school district shall be required to transport or pay for the transportation of the resident pupil from the public school within the area to the nonpublic school the pupil attends.' (emphasis added) Personnel in the Department of Education have informed this office that no students in the school district live more than 1 1/2 miles from the schools they attend. Thus, it is my opinion that a fourth class school district that provides transportation for kindergarten students need not provide transportation for students in other grades where, as here, no students live more than 1 1/2 miles from the schools they attend. (2) Addressing your second question, in the School Code of 1976, supra, Sec. 141, the legislature has provided: 'The board of a fourth class school district may provide for the transportation of pupils within the district if authorized by a majority vote of the school electors of the district voting on the question at an annual or special election. . . .' 1955 PA 269, Sec. 68, the predecessor section to the above quoted statutory provision, contained substantially similar language to that now found in the School Code of 1976, supra, Sec. 141. 1955 PA 269, Sec. 68, was interpreted to require the vote of the school district electors upon the question of transporting pupils within the district to the schools maintained by the district. 1 OAG, 1955-1956, No 2269, p 468 (September 8, 1955). Since the legislature has employed substantially similar language in the School Code of 1976, supra, Sec. 141, it is clear that the same statutory requirement is in force. Thus, it is my opinion that in a fourth class school district, the transportation of pupils within the district to the schools maintained by the district must be approved by majority vote of the school electors voting on the question at an annual or special election. Frank J. Kelley Attorney General (1)
(2)
There is, however, no state reimbursement for this cost.