AGO 81-052.

• Case Date: June 02, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-052. Office of the Attorney General State of North Dakota Opinion No. 81-52Date Issued: June 2, 1981Requested by: Dr. Joseph Crawford Superintendent of Public Instruction--QUESTIONS PRESENTED-- Whether a reorganized school district providing family transportation payments is entitled to be reimbursed by the State under the amendments to Chapter 15-40.1 of the North Dakota Century Code contained in House Bill 1496 effective July 1, 1981, for the full maximum of fifty percent of the payments to the families when the payments exceed the amount authorized in Section 15-34.2-03, N.D.C.C. Whether a school district is entitled to state reimbursement for payments to families providing transportation for students only part of the way from their residence to the school. III. Whether a school district, under the amendments to Chapter 15-40.1, N.D.C.C., effective July 1, 1981, can be reimbursed during the 1981-82 school year for transportation furnished during the 1980-81 school year.--ATTORNEY GENERAL'S OPINION-- I. It is my opinion that a reorganized school district providing family transportation payments is entitled to fifty percent state reimbursement under the amendments to Chapter 15-40.1, N.D.C.C., contained in House Bill 1496 effective July 1, 1981, only to the extent of the maximum amount reimbursable for non-reorganized school districts in Section 15-34.2- 03, N.D.C.C., which is ten cents per one-half mile per day in excess of two miles each way. It is my further opinion the school districts are entitled to state reimbursement for payments made to families who provide transportation to students from their residence only part of the way to school. It is my further opinion that a school district cannot be reimbursed during the 1981- 82 school year for transportation furnished prior to July 1, 1981. --ANALYSIS-- I. Amendments to Chapter 50-40.1, N.D.C.C., contained in House Bill 1496 effective July 1, 1981, provide for the reimbursement from the foundation aid fund for school districts making family transportation payments. These amendments are to be codified as Sections 15-40.1-16.2 and 15-40.1 -16.3, N.D.C.C. Section 15-40.1-16.2, N.D.C.C., contains a statement of legislative intent that encourages school districts to provide transportation for their pupils as 'economically'...