§ 44-7. Denominational and parochial school students entitled to transportation.

All children who attended any denominational or parochial nonprofit schools in the county which schools do not receive state aid and who reside on, along or near to the public highways of the county, on which there is now or hereafter operated a public school bus or conveyance provided by the board of education of such county for transporting children to and from the public schools of the county, shall be entitled to transportation on the buses or conveyances, and the same shall be provided for them by the board of education of the county, subject to the conditions hereinafter set forth, from a point on the public highways nearest or most accessible to their respective homes to a point on such public highways nearest or most accessible to their respective schools, without changing the routes of such buses or conveyances now or hereafter established by the board of education of the county for transporting children to and from the public schools, and such transportation shall be provided by the board of education, as aforesaid, for all the children attending schools described herein, upon the same terms and conditions as now or as may be hereafter established by the board of education of the county for children attending public schools. (Mont. Co. Code 1965, § 21-2; 1945, ch. 977, § 1.)

Editor's note-A similar provision, applicable to Baltimore County, ch. 185, 1937, was held to be valid in Board of Education v. Wheat, 174 Md. 314, 199 A. 628 (1938). See also, Adams v. County Commissioners of St. Mary’s County, 180 Md. 550, 26 A.2d 377 (1942), upholding a somewhat different statute providing for transportation of private school children. A New Jersey statute providing for public transportation for private school children was held not to violate the fourteenth amendment to the United States Constitution in Everson v. Board of Education, 330 U.S. 1 (1947).