Tyner, 070676 MSAGO, 1976-0001

• Case Date: July 06, 1976
• Court: Mississippi

Honorable Thomas W. Tyner No. 1976-0001 Mississippi Attorney General Opinions July 6, 1976          Honorable Thomas W. Tyner          Aultman, Pope, Aultman & Tyner          Attorneys at Law          Post Office Drawer 750          Hattiesburg, Mississippi 39401          Dear Mr. Tyner:          Attorney General Summer has received your letter of request dated June 25, 1976, and has assigned it to me for research and reply. In your letter you state that subsequent to the creation of the Petal Municipal Separate School District “ . . . the lack of sidewalks, traffic hazards, and other safety considerations, the mayor and Board of Aldermen of the City of Petal would desire to enter into a contract with the Separate School District for the transportation of the school children within the city limits” and further that this “can be accomplished for the approximate sum of $12,000.00 per school year.”          You then ask our opinion as to whether or not this would be a proper expenditure on behalf of the City and whether or not the City might enter into such a transportation contract with the Separate School District.          Section 37-41-3, Mississippi Code of 1972, as amended, provides, among other things, that pupils who live within the corporate limits of a municipality and who are assigned to a school within said corporate limits shall not be considered as eligible for transportation (except those pupils who are otherwise eligible for transportation under Section 37-41-11). Said Section further provides that “However, nothing contained in this section shall be construed to bar any child from such transportation, where he or she lives less than one (1) mile and is on the regular route of travel of a school bus, and space is available in such bus for such transportation.” (Emphasis added) It also further provides therein that “ . . . no state funds shall be paid for the transportation of children living within one (1) mile of the school and such children shall not be included in transportation reports.”          As set forth in the above stated statutory provisions, the transportation of pupils within the corporate...