OAG 40-96.

• Case Date: November 14, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-96. 105OPINION NO. 40-96[20 Or. Op. Atty. Gen. 105]Further authorities supporting the rule that nonhigh school districts may not use school funds to pay for the tuition, transportation, board and lodging of pupils attending private schools of high school grade, as stated in opinion of September 8, 1939, to superintendent of public instruction, and of September 25, 1940, to district attorney of Baker county.November 14, 1940.Hon. Rex Putnam,Superintendent of Public Instruction. Dear Sir: I have your letter of October 28, 1940, in which you request my opinion upon the question of the authority of a nonhigh school district to pay the tuition, transportation, board and lodging of high school pupils living in the nonhigh school district who attend private schools. Although the principles discussed in my opinion rendered to you on September 8, 1939, and in my opinion rendered to Honorable C. T. Godwin, district attorney of Baker county, on September 25, 1940, fully answer these questions I will call your attention to the following additional authorities which may further clarify the matter for you. Section 3, Article VIII, Constitution of Oregon, provides:

"The legislative assembly shall provide by law for the establishment of a uniform and general system of common schools."

The term "common school" is defined in 56 C. J., page 167, section 2, as follows:

"The terms 'public school' and 'common school' are interchangeable and synonymous, and denote a school which is, broadly speaking, open and public to all in the locality, which is subject to and under the control of the qualified voters of the school district in which it is situate, and which is supported and maintained primarily from moneys raised by general taxation, as contradistinguished from a private or denominational school; or, in other words, a school comprised in the free school system which has been generally adopted in the United States. More specifically, public or common schools have been said to be schools established under the laws of the state, usually regulated in matters of detail by the local authorities in the various districts, towns, or counties, and maintained at public expense by taxation, and open without charge to the children of all the residents of the town or other district. * * *"

In the case...