(OKLA. APP. 1981). IN LINE WITH THIS REASONING, CHARGING A FEE FOR THE TRANSPORTATION OF STUDENTS WHICH LIVE WITHIN THE DISTANCE IN QUESTION DOES NOT APPEAR TO BE PROHIBITED. HOWEVER, ONCE A DISTRICT EMBARKS UPON SUCH A COURSE OF ACTION, IT MAY BECOME SUBJECT TO CLAIMS OF DISCRIMINATION FROM PERSONS WHO CANNOT AFFORD TO PAY FOR SUCH SERVICES, IF THE PLAN IS NOT FAIRLY AND EQUITABLY CARRIED OUT.
AS A FINAL NOTE, THE STATE BOARD DOES NOT APPEAR TO EVER HAVE ADMINISTRATIVELY DEFINED WHAT EXACTLY IS A "REASONABLE WALKING DISTANCE," AS THAT TERM IS USED IN SECTION 9-101. IDEALLY, THAT TERM SHOULD BE DEFINED WITH MORE CLARITY THAN THE REFERENCE IN THE CURRENT SECTIONS OF THE BOARD'S REGULATIONS THAT MERELY STATE THAT TRANSPORTATION MAY BE FURNISHED BY DISTRICTS WITHIN THE ONE AND ONE-HALF MILE DISTANCE SET FORTH IN SECTION 9-101, SO LONG AS NO STATE FUNDS ARE USED FOR SUCH PURPOSES. IT IS NOT INCONCEIVABLE THAT SOMEONE MIGHT ATTACK A LOCAL TRANSPORTATION PROGRAM AS NOT BEING AUTHORIZED UNTIL THAT TERM IS DEFINED, AS WAS CLEARLY THE LEGISLATURE'S INTENT. HOWEVER, SUCH A CONCERN IS STATED HERE OUT OF AN ABUNDANCE OF CAUTION, AND SHOULD NOT BE READ AS A PER SE INDICATION THAT NO ACTION CAN BE TAKEN WITHOUT SUCH A CLARIFICATION. I HAVE TAKEN THE LIBERTY OF ENCLOSING FOR YOUR INFORMATION THE PRIOR CORRESPONDENCE FROM THIS OFFICE ON THIS POINT.
(MICHAEL SCOTT FERN)