David, J.
After a budget deficit, Franklin Township Community School Corporation decided to discontinue transportation services to and from school for the majority of its public school students. A class action suit was brought by the parents of students who attend public schools in Franklin School Corporation. The plaintiffs sought a declaratory judgment that discontinuing transportation is prohibited under the Indiana Constitution. The plaintiffs’ specific challenge was based upon Article 8, Section 1 of the Indiana Constitution (the Education Clause), which provides:
Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government; it shall be the duty of the General Assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement; and to provide, by law, for a general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.
IND. CONST. art. 8, § 1. However, the express terms of the Education Clause grant the duty of developing a system of common schools to the General Assembly. Therefore, the body of law that establishes our system of common schools is based upon the policy decisions of our legislature. This Court has neither the ability nor the duty to establish requirements for this system of common schools, aside from determining when an action clearly violates a constitutional mandate. In the case before us today, we find no constitutional requirement for school corporations to provide transportation to and from school. Since Franklin School Corporation did not violate a constitutional mandate, we affirm the trial court’s grant of summary judgment in favor of Franklin School Corporation.
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As to the separate issue of who is responsible for providing transportation, the legislative language expressly states that school corporations “may” provide transportation, demonstrating that this is a permissive action, and the school corporation may choose to not provide transportation. Compare State, Indiana Civil Rights Comm’n v. Indianapolis Newspapers, Inc., 716 N.E.2d 943, 947 (Ind. 1999) (stating that “[w]hen the word ‘shall’ appears in a statute, it is construed as mandatory rather than directory unless it appears clear from the context or the purpose of the statute that the legislature intended a different meaning”) (citation omitted); with Bivins v. State, 642 N.E.2d 928, 946 (Ind. 1994) (determining that “[t]he statutory language utilized is permissive, not compulsory, in stating that the jury ‘may recommend’ the death penalty upon completion of the evaluation of aggravating and mitigating circumstances”) (emphases added).
Furthermore, no other statutory sections within Title 20 suggest a legislative intent that school corporations are required to provide all students with transportation to and from school. Specific categories of students are required by statute to be provided transportation. However, for the majority of the student population, other provisions throughout Title 20 express the permissive nature of providing transportation. Under Indiana Code Section 20-26-5-4(10) (2014), the governing body of a school corporation has the power to determine when transporting children to and from school is necessary. Additionally, “[t]he parents of public school students not provided bus transportation by the school corporation may contract jointly with a school bus driver to provide transportation under a parents’ supplemental transportation contract.” Ind. Code § 20-27-6-3(a) (emphasis added). Thus, the legislature has provided alternative means for students to be transported to and from school.
Since it cannot be disputed that the statutory language allows a school corporation to discontinue transportation services, next we evaluate whether this violates the Education Clause. Hoagland asserts that since students are required to attend school, transportation to school is an integral part of public education. This Court does not dispute that being present at school is necessary to avail oneself of the benefits of the education offered there. However, that does not necessarily lead to the conclusion that the school corporation alone must provide transportation under the Education Clause.
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In summary, the Indiana Education Clause only requires that there be a “general and uniform system of Common Schools, wherein tuition shall be without charge, and equally open to all.” We cannot read into that provision an intention that school corporations are required to transport all students to and from school. Rather, the applicable legislation will govern, and here, “[t]he policy of such legislation is exclusively for the General Assembly.” Ehle, 191 Ind. at 508, 133 N.E.2d at 750. The General Assembly’s “determination of public policy will be afforded wide discretion,” and the “wisdom or desirability” of particular legislation “is not a matter for the judiciary to determine.” Walton v. State, 398 N.E.2d 667, 670-71 (Ind. 1980) (internal citations omitted).
Conclusion
We summarily affirm the Court of Appeals in holding that the Indiana Tort Claims Act was inapplicable to Hoagland’s constitutional claim. We also summarily affirm the Court of Appeals in holding that the Education Clause does not provide a private right of action to pursue monetary damages. We now hold that Article 8, Section 1 of Indiana’s Constitution does not mandate school corporations to provide transportation to and from school. Accordingly, we affirm the trial court’s grant of summary judgment in favor of Franklin School Corporation.
Rush, C.J., Dickson and Massa, J.J., concur.
Rucker, J., concurs in result only.