Judges: JOHN ASHCROFT
Filed Date: 9/6/1978
Status: Precedential
Modified Date: 7/5/2016
Gentlemen:
This opinion is being issued in response to your request for a ruling on the following questions:
"(1) Can a school district continue to transport pupils living between 1/2 mile and 1 mile from school pursuant to an election held under former Section
167.231 , despite the repeal and reenactment of that section in H.B. 969?"(2) Can a school district assist parents in contracting with private carriers to transport children to and from school where the school district is not a party to the contract?
"(3) Is Section
167.231 (3), as set forth in H.B. 969, a violation of Art. IX, § 1(a) or Art.I , §2 of the Missouri Constitution?"
In Opinion No. 133 (1978) (copy enclosed), this office examined several aspects of H.B. 969, including its relationship to H.B. 971, enacted in the same session of the General Assembly. This latter bill, known as the Comprehensive Election Law Act, also purported to repeal and reenact Section
The substantive provisions of Section
We conclude, therefore, that an election validly held under the former provisions of Section
There are no statutes governing matters of contract between parents and persons or companies which offer transportation services to children to and from school. This would obviously be a private transaction between the parent and the carrier. Nor is there any statutory provision governing the involvement of school districts in such transactions. However, if the school district possesses information which might aid parents in finding a suitable carrier, or which might aid parents in determining reasonable costs for such services, we see no reason why that information cannot be made available to parents for these purposes.
We therefore conclude that school districts may assist parents in contracting with private carriers to transport pupils to and from school.
It is the policy of this office not to issue opinions as to the constitutionality of bills passed by the General Assembly and approved by the Governor except in an instance where there is absolutely no doubt whatsoever on the question.
We believe that our general policy should be followed in this instance and that we should rely on the presumption of constitutionality of the act. If a court action is brought to contest the constitutionality of this law, the Attorney General will have the duty of upholding its constitutionality. In view of these circumstances, we must respectfully decline to render an opinion on this question.
CONCLUSION
Based on the foregoing discussion, it is the opinion of this office that:
1. School districts which were authorized by the voter to provide transportation to pupils living more than one-half mile from school under the former provisions of Section
2. School districts may assist parents in contracting with private carriers to transport children to and from school.
3. This office will not render an opinion on the constitutionality of Section
This opinion, which I hereby approve, was prepared by my assistant, Sheila K. Hyatt.
Very truly yours,
JOHN ASHCROFT Attorney General
Enclosure: Op. No. 133 (1978)