We are in receipt of your request for an opinion upon the above subject matter.

You very appropriately accompany your request by a brief of facts and argument, both of which being concise they are here copied as follows:

"Statement of Facts "A student in the Whitharral School District lived four or five miles from the Anton School. The Anton School Bus passed this student's home every day. The Whitherral School Bus to give transportation to this student would have had to go out of its way every day. The County School Board of this County in compliance with Article 7, Chapter 24 of the State Equalization law as passed by the last legislature set up "the most economical system" of transportation possible and in doing transferred the student to the Anton Schools. The grade which this student attended in the Anton School was also taught in the student's home district.

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Honerable Le Vera I. MoCenn - Page 2 "The action of the achool boerd in setting up the trensportation system vas approved by the state Board of Edugation and corftrend by the Legisletive Accountant. The County School Board then applied for trensportation ald which the State Board of Education denied becausa of a atatement in the lav which aays "In no instance may ald be granted to pupils trensported who attend a grade in another achool, which grade is taught in auch pupils home district.

"Argument

"Regardless of the above atatement, it is olear that the intent of the lav is that the County School Board is to "set up the most aconomioal system possible". It is evident that since this must be done annual- that is must be done before transportation ald is to be granted. In other words to set up "the most economical system possible" is a prezequleit before trensportation ald is to be granted. It seems olear that the lav intended this to apply for ohildren who had to trensfer from one district to another. "In this respect the lav atatea that it is for the purpose of trensporting both pupil's from their districts and within their district. Further that money is to be peld for those who attend the most convenient achool. "A number of instanoes exist in which ald is to be denied. One auch inatance is "for a pupil being trensported out of his home district * * * unless the bus route through such School District have been approved by the state Department of Education and confirmed by the Legislative Accountant." It follows from the above atatemont that if the bus routes have been approved by auch agencies, ald is to be granted. "To strictly oonstrue the following "In no inatance may ald be granted for pupils trensported who attend a grade in another achool, which grade is taught in auch pupil's home district." would be deferting the entire purpose of the lav which is to set up the most acononioal system of trensportation possible. This apparent confliot evidently applies only to a student

*3 Honorable Le Vern I. MoGann - Page 3 who is trensferred out of his tomo district in complete disregard to the trensportation system set up by the County School Board and approved by the required agencies." Your arguments favoring the grenting of such ald as pre- sented by you are pursuasive but not conclusive. Your question calls for a construction of Articlo V govern- ing Iransportation Aid under Senste Bill Number 167, Chapter 361 - the appropriation for school ald of the 49th Legislature (General Lews, 49th Leg. Reg. 3ess. pp 639-640). The inquiry, therefore, is answered in the light of familiar rules of atatutory construction. This depertment has just releasod its Opinion No. 0-7241 ( e copy of which ve hand you herewith) in which ve announced the general rule of construction involved in the immediate consideration, that opinion itself dealing with the identical Article of above mentioned appropriation act. We there said: "The intention of the Legislature, as dis- covered from the Act, is the one unfailing rule for construing any atatutory act. That intention is to be gathered from the four corners of the act as a whole, when read in the light of the purpose as contained in the title, and in the light of each and every pert of the Act considered collectively and separately, construing the parts, where possible, in such way that each and every pert may atend as valid, and that no pert thereof may be atricken out or ignored." While the inquiry there involved a construction of dif- ferent articles of the act the present inquiry involves only the construction of a particular article, that is Article V, the prin- ciple above quoted from our Opinion 0-7241 is applicable in full force, however, in that ve should give to every pert of Article V a meaning if possible, so that no pert thereof may be disregarded but that every pert may be regarded to accomplish the over-all purpose of the legislature in the enacting of the particular article. Now the provision that the "County Superintendent and County School Boards of the several counties subject to the ap- proval of the State Superintendent of Public Instruction, are hereby authorized to annually set up the most economical system

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Nonorable Le Vorn I. MoCenn - Page 4

of transportation possible for the purpose of transperting both grade and high sehool pupils from their district, and within their district," is the initiaL: : sentence of the Artislo. The equally omphatic language in no instance may ald be granted for pupils trensported to attend a grade in another sehool, which grade is taught in such pupil's home district", is likewise a part of the same article. The legislatue meant that both provisions should be effective and that each part orm its respective part in sooemplishing the purpose of that particular artislo. This is easily done.

The requirement for a sotup of the "most oe onomical system of transportation possible for the purpose of transporring both grade and high sehool pupils from their districts, and within their districts", is the general onasting olause as to the transportation feature of old and the mandatory provision that, "in no instance may ald be granted for pupils trensported who attend a grade in another sehool, which grade is taught in pupil's own district," is the oxception to, of qualification of the general language first quoted. The mandate to set up such "most oe onomical system of transportation possible" must be considered in the light of the equally olear prohibition contained in the latter part of the same article. To make the sotup mandatory under all circumstances would be to set at naught the proviso, qualification, of express limitation with respect to transporting pupils taking the same grade in the district to which they transferred as was taught in the home district. We are not at liberty to adopt such a construction of confliat and omlusion. We think the aetion of the State Board of Edonation in denying the application for such transportation ald was right.

Youre very truly