Judges: RICHARD P. IEYOUB
Filed Date: 3/17/1998
Status: Precedential
Modified Date: 7/5/2016
Dear Ms. Langley:
I am in receipt of your request for an Attorney General's opinion concerning state funds for nonpublic transportation to be distributed to the Pointe Coupee Parish School Board. You state that the recent supplementary Education Assistance Appropriation from Act
LSA-R.S.
A. (1) Except as provided by Subsection H of this Section and in accordance with the requirements of Subsection F of this Section, each parish and city school board shall provide free transportation for any student attending a school of suitable grade approved by the State Board of Elementary and Secondary Education within the jurisdictional boundaries of the parish or school board if the student resides more than one mile from such school.
In Helms v. Cody, Supra, the United States District Court found that the distribution of State transportation funds directly to nonpublic schools by the Jefferson Parish School Board was an unconstitutional direct subsidy to nonpublic schools. In this case, some of the nonpublic schools controlled the expenditure of such funds. The Court also found that the School Board did not require an audit or other verification to ensure that the funds were spent only for transportation and not for religious purposes. Applying the holding of Wolman v.Walter,
The Court found no constitutional violation when the School Board contracted with an independent corporation for the sole purpose of providing transportation to some students attending a nonpublic school. As discussed in the opinion, LSA-R.S.
In Attorney General Opinion No. 92-615 and 92-615(A), our office opined that there is a mandatory duty on the part of city and parish school boards to provide transportation for public and nonpublic school students. This duty can be discharged only if the School Board can show that there is an economically justifiable reason why the School Board cannot provide the funding necessary for this transportation. The requirements as set forth in LSA-R.S.
Additionally, the requestor asked whether the East Baton Rouge Parish School Board could discharge its duties under LSA-R.S.
I hope this opinion sufficiently addresses your concerns. If I can be of further assistance, please let me know.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: ___________________________ BETH CONRAD LANGSTON ASSISTANT ATTORNEY GENERAL
RPI/BCL/sc
Date Received BR: September 12, 1996 Date Received SH: March 7, 1997 Date Released:
BETH CONRAD LANGSTONASSISTANT ATTORNEY GENERAL
State of Louisiana
DEPARTMENT OF JUSTICE
234 LOYOLA — 7th FLOOR
New Orleans TEL: (504) 568-5575 70112-2096 FAX: (504) 569-5993
RICHARD P. IEYOUB ATTORNEY GENERAL