Los Angeles City School District v. Simpson

[71]

WOOD (Parker), J.

In this mandamus proceeding, the Superintendent of Public Instruction and the Controller of California appeal from a judgment directing them to apportion and pay to petitioners, Los Angeles City School District and Los Angeles City High School District, the sum of $211,789.91 under the provisions of

article 2,

chapter 15, division 3, of the Education Code, as additional apportionment for the cost of pupil transportation.

The school districts, which are governed by a single governing board and have a single transportation system for the transportation of pupils, filed with the superintendent their report of costs for the fiscal year 1949-1950 and claimed therein state aid for the excess cost of transporting physically handicapped pupils during that year. That claim for $211,-789.91 was made under the provisions of article 2, chapter 15, division 3, of the Education Code, (§ 7016) and was disallowed by the superintendent.

The question is whether the cost of transporting physically handicapped pupils, during the fiscal year 1949-1950, is reimbursable under

article 2,

chapter 15, division 3, (§7016) of the Education Code, which article was enacted in 1950.

If the provisions of said article 2, relating to computation and allowance of cost for the

transportation of pupils,

are to be construed to include the excess cost of transporting physically handicapped pupils (that is, cost in addition to the cost of transporting normal pupils), the petitioners are entitled to reimbursement of said sum of $211,789.91.

Appellants (superintendent and controller) contend that such cost is reimbursable only under article 11, chapter 15, division 3, (§7101) of said code.

Petitioners (school districts) contend that such cost is reimbursable under article 2 of said chapter. They also assert that they may, at their option, seek reimbursement for the excess cost of transporting physically handicapped pupils either under article 2 or article 11 of said chapter.