Murphy v. School Committee of Brimfield
Murphy v. School Committee of Brimfield
Opinion of the Court
The school committees of Brimfield, the Whitman-Hanson Regional District, and Scituate furnish school transportation to resident students attending public schools. They have declined, however, to furnish transportation to resident students attending private schools which are located outside their school districts. Relying on G. L. c. 76, § 1, as amended through St. 1971, c. 875, the compulsory attendance law, several parents of the pupils denied transportation brought actions against their respective school committees. Finding that the public school students travelled at public expense over distances comparable to those travelled by the private
In each case, the judge made detailed findings of fact. For the most part, these findings rested on the stipulations of the respective parties. Indeed, only in the case against the School Committee of Brimfield did the parties introduce additional testimony. The record reveals that these cases share several salient features. In each, the defendant school committee has elected to provide resident public school students with school transportation. In none was transportation furnished to pupils enrolled in a regular day program located outside the town or school district of their residence.
General Laws c. 76, § 1, as amended through St. 1971, c. 875, provides in part that "in order to protect children from the hazards of traffic and promote their safety, cities and towns may appropriate money for conveying pupils to and from any schools approved under this section. Pupils who, in fulfillment of the compulsory attendance requirements of this section, attend private schools of elementary and high school grades so approved shall be entitled to the same rights and privileges as to transportation to and from school as are provided by law for pupils of public schools and shall not be denied such transportation because their attendance is in a school which is conducted under religious auspices or includes religious instruction in its curriculum, nor because pupils of the public schools in a particular city or town are not actually receiving such transportation.”
It is not disputed that a town, through its school committee, generally has no obligation to provide school transportation to any of its residents.
Quinn was heard on a petition for a writ of mandamus. The petitioners were residents of the town of Plymouth and the parents of children who attended private school in either Plymouth or the adjoining town of Kingston. Those children in grades one and two attended the Sacred Heart School in Plymouth; those in grades three through six attended the Sacred Heart School in Kingston. The school committee of Plymouth generally furnished all resident students with transportation to local schools.
Reviewing the relevant statutory provisions and considering the intervening years since the Quinn decision, we find no reason to depart from the interpretation of c. 76, § 1, rendered there. We acknowledge that c. 76,
We further conclude, as did the judge in the Brimfield case, that St. 1971, c. 875, which provides that private school students shall not be denied transportation "because pupils of the public schools in a particular city or town are not actually receiving such transportation,” does not constitute an attempt by the Legislature to overrule Quinn. Rather it addresses an issue not considered in Quinn, namely the extent to which private school students are eligible for transportation not because of a school committee’s practice but because of explicit provisions of the General Laws. See note 6, supra.
As to the words "to the extent that,” used in the Quinn opinion, the facts of the case reveal their meaning. The one apparent prerequisite to receiving transportation to intradistrict schools was that students live a certain minimum distance from school. See note 7, supra. The State
In elaborating on the criteria apparently employed by the School Committee of Plymouth and considered by the
We now apply the principles discussed above to the three cases before us. The plaintiffs in the case against the School Committee of Brimfield are residents of the town of Brimfield and parents of school age children who attend St. Mary’s Elementary School or Marianhill Central Catholic High School. Both schools are private, sectarian institutions, located in Southbridge, two towns east of Brimfield. Brimfield furnishes transportation to its local elementary school and to the regional secondary school complex located in Sturbridge. The region consists of the towns of Sturbridge, Brookfield, Holland and Wales, which with Brimfield form a contiguous, geographical whole. Southbridge adjoins the regional district’s eastern border.
The plaintiffs’ children are entitled to transportation to Southbridge at public expense only to the same extent that public school students in comparable programs receive transportation to schools located outside Brimfield. Given that Brimfield transports elementary school students to a local facility and transports no elementary school students to towns outside Brimfield, the school committee has no statutory obligation to transport the plaintiffs’ children to elementary school in Southbridge. The committee does transport secondary school students to schools located outside Brimfield but only to the extent that they attend schools located in the regional district.
The plaintiffs in the case against the Whitman-Hanson Regional School Committee include two residents of the town of Hanson and two residents of the town of Whitman. All are parents of children who attend the Cardinal Spellman High School, a private, sectarian institution located in Brockton, less than one and one-half miles from the Brockton-Whitman border.
The plaintiffs in the case against the School Committee of Scituate are residents of the town of Scituate. The plaintiff minor child attends Notre Dame Academy, a private, parochial school located in Hingham.
Although some public school pupils cross town lines in the course of their bus ride — the Humarock section of Scituate is a peninsula accessible by land only by passage through the town of Marshfield — the school committee does not transport any student enrolled in a regular day program to a school located outside Scituate. The School Committee of Scituate therefore has no obligation to provide the plaintiff minor child with transportation to Hingham.
The judgments against the three school committees are hereby reversed, and the cases are remanded for proceedings consistent with this opinion.
So ordered.
We note that no question is presented here as to the constitutionality of G. L. c. 76, § 1. In the case of Everson v. Board of Educ. of Ewing, 330 U.S. 1 (1947), the Supreme Court held that the reimbursement of parents of parochial school children for school transportation does not violate the "no-establishment” clause of the First Amendment to the United States Constitution. This court has not ruled on the precise question whether the provision of school transportation to nonpublic (nonsectarian and parochial) school students is constitutional under the anti-aid provision of art. 18 of the Amendments to the Massachusetts Constitution, superseded by art. 46, as amended by art. 103. See Rep. A. G., Pub. Doc. No. 12, at 183 (1976). Cf. Quinn v. School Comm. of Plymouth, 332 Mass. 410, 413 (1955) (when no personal or property rights of the committee are involved, it cannot question the constitutionality of the statute). We have noted that provision of busing is "distinct” from a textbook loan program. Bloom v. School Comm. of Springfield, 376 Mass. 35, 47-48 (1978).
Although there was evidence that the defendants transported pupils enrolled in special needs (G. L. c. 71B, § 8), vocational (G. L. c. 74, § 8A) and cosmetology programs outside their respective town or school district, such evidence was considered irrelevant by the judges as to whether the plaintiffs’ children, who attended regular day pro
Although most of the quoted language from c. 76 first appeared in 1950 (St. 1971, c. 875, added the last clause commencing with the word "nor”), the Legislature had enacted substantially the same language fourteen years earlier as an addition to G. L. c. 40, § 5 (2). Statute 1936, c. 390, provided: "Pupils attending private schools of elementary and high school grade... shall be entitled to the same rights and privileges as to transportation to and from school as are provided herein for pupils of public schools.” The same Legislature that enacted St. 1950, c. 400, repealed St. 1936, c. 390. St. 1950, c. 478. The apparent purpose of the legislative maneuvers sheds no light on the issue confronting us
This court never construed St. 1936, c. 390. See note 4, supra.
There are, however, certain circumstances when school transportation is mandatory regardless of a school committee’s practice. See, e.g., G. L. c. 71, § 6 (student must attend high school in another town because the town of residence, having less than 500 families or householders, maintains no high school); G. L. c. 71, § 68 (distance between a child’s residence and the school he is entitled to attend exceeds two miles). These mandatory provisions apply equally to public and private school students. This was apparently true under St. 1936, c. 390. See Rep. A.G., Pub. Doc. No. 12, at 37 (1936). In light of St. 1971, c. 875, it is undoubtedly true under G. L. c. 76, § 1. See Rep. A.G., Pub. Doc. No. 12, at 188 (1976).
Elementary school students received transportation if the distance
The plaintiffs in the case involving the Whitman-Hanson Regional School Committee contend that to limit the transportation benefits of c. 76, § 1, to those private school pupils attending schools located within the district of a school committee’s jurisdiction would deny them equal protection of the laws. Like Quinn, however, our decision today does not interpret c. 76, § 1, as proscribing the provision of benefits to residents who attend private schools located outside the district. Rather we hold that the statute requires that such students receive transportation to the extent that public school students receive transportation to schools located outside the district. Moreover, we believe that our decision is in harmony with the equal protection
General Laws c. 71, § 68, provides in part that if the distance between a child’s residence and the school he is entitled to attend exceeds three miles, "and the distance between the child’s residence and a school in an adjoining town giving substantially equivalent instruction is less than three miles, and the school committee declines to pay for tuition in such nearer school, and for transportation in case the distance thereto exceeds two miles, the department ... may require the town of residence to pay for tuition in, and if necessary provide for transportation for a part or for the whole of said distance to, such nearer school.”
Because they were uncertain whether the obligations of c. 76, § 1, applied to regional school committees created under c. 71, §§ 14-161, the parents also filed complaints against the members of the independent school committees of Whitman and Hanson. Neither committee maintains a high school or furnishes transportation to high school students in regular day programs. The judge dismissed these complaints. This ruling is not challenged before us.
In their complaint, the plaintiffs named the school superintendent and members of the School Committee of Scituate as defendants. The judge, however, dismissed the complaint against the superintendent.
Dissenting Opinion
(dissenting). I dissent. The statute, G. L. c. 76, § 1, provides in substance that, if a town through its school committee decides to provide transportation to public school pupils at public expense, then comparable privileges shall be given to private'school pupils. The majority opinion holds that if no public school students are transported beyond town or district lines, then private school pupils in comparable programs are not entitled to such transportation. The statute says nothing about town or district lines, and I think that making them determinative factors is not consistent with the legislative intent to give comparable privileges to all. I agree with the trial judges in these cases that the basic factors to be considered, on a case-by-case basis, are distance and safety and relative cost per pupil. A town or district boundary line is an artificial and irrelevant fac
Reference
- Full Case Name
- Roderick P. Murphy & Others vs. School Committee of Brimfield (And Two Companion Cases)
- Cited By
- 5 cases
- Status
- Published