Authorization of funds for transportation of parochial school children was not found unconstitutional as authorizing application of public funds for "private purposes."

There is authority in other jurisdictions to the effect that the furnishing of transportation to children attending sectarian institutions at public expense constitutes an appropriation of public funds for a private purpose.

Some state courts have sustained statutes granting free transportation or free school books to children attending denominational schools on the theory that the aid was a benefit to the child rather than to the school.

Rather than take that risk, the court ruled that the Board itself should decide how much administrative disruption would be tolerated

Appellate courts in Maryland, California, Kentucky, Connecticut, New York, Pennsylvania, Michigan, West Virginia, as well as New Jersey and the United States Supreme Court in Everson, have sustained statutes which authorize the use of public funds for bussing parochial students.

Upholding a loan issued by the state to a private university against a challenge brought under Article III, Section 34, which prohibits the state from securing private debts, the Maryland Court of Appeals held “[t] here is no prohibition in the Constitution against making appropriations to private institutions, provided the purpose is public, or semi-public, and thousands and …

The constitutionality of legislation authorizing transportation, at public expense, for children attending parochial schools has been upheld in states where the constitutional provisions invoked in opposition are couched in language stronger and more precise than that contained in article seventh.

This Court simply held there was no violation of Articles 15 or 23 of the Declaration of Rights, or of the Fourteenth Amendment "by taking money of the taxpayers for the use of private institutions", under the circumstances.

In contrast, five times in four states, courts had accepted the child benefit theory and had held school transportation to be an aid to the child, not the school, and therefore not an unconstitutional aid to religion