STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

January 26, 1972

Leroy E. Wegener
State's Attorney, McCook County
Salem, South Dakota 57058

OFFICIAL OPINION NO. 72-05

Coordination of drug control education

Dear Mr. Wegener:

You have requested an official opinion on the following question:

Who has the authority to approve and coordinate the special instruction to be given by each school board on alcohol and controlled substances under the provisions of SDCL 13-33-7?

Is it the Commissioner of Drugs and Substances under the authority given him by SDCL 39-17-151, or is it the Office of Superintendent of Public Instruction under the provisions of SDCL 13-33-7.2?

To whom should the school board look for help and assistance before implementing the program of instruction?

The statutes relating to these questions are set out as follows:

39-17-151. Co-ordination and regulation of educational programs-Measures authorized.- The Commissioner of drugs and substances control shall, in addition to other powers and duties vested in him by this chapter or any other act, co-ordinate and regulate educational programs designed to prevent and deter misuse and abuse of controlled drugs and substances. In connection with such programs he is authorized to: ...

(4) Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled drugs and substances;

13-33-7. Required instruction on alcohol and controlled substances.-In addition to other prescribed branches, special instruction shall be given in all public and private elementary and secondary schools in the state in the nature of alcoholic drinks, narcotics, depressants, stimulants, hallucinogens and other controlled substances which have a potential abuse because of their depressant or stimulant effect on the central nervous system or alteration of its normal function.

13-33-7.1. State board to develop program for alcohol and controlled substance education.- The state board of education shall forthwith adopt and cause to be implemented a preventive education program to assure the special instruction required by 13-33-7 in not less than four grade levels and integrate such instruction into as many courses in the curriculum as possible.

13-33-7.2. School board program for alcohol and controlled substance education-Approval by state superintendent.-Each school board shall establish the program of instruction required by 13-33-7 after consultation among the school board, administration and faculty, student representatives and citizens of the district. The program of instruction developed by the school board shall be presented to the office of superintendent of public instruction for concurrence prior to its implementation.

As a general rule, statutes which relate to the same class of things, or which have a common purpose are in pari materia, and should be read in connection with each other as together constituting one law, and they should be harmonized if possible. 82 CJS, Stat. § 366a. Also, see Concrete Materials Company v. Employers Mutual Liability Insurance Company of Wisconsin, 70 S.D. 535, 19 N.W. 2d 523 (1945).

Using the above generalized rule as my guideline, it is my opinion that:

1. The State Board of Education shall adopt a preventive education program regarding drugs,

2. The Commissioner of Drugs and Substances Control shall then evaluate the program adopted by the State Board of Education. If the program is disapproved by the Commissioner, it shall be returned to the State Board for correction.

3. Upon approval of the state board program by the Commissioner of Drugs and Substances Control, the State Board of Education shall implement the education program by forwarding copies of it to each school board within the state.

4. Each school board shall establish a program of instruction within the guidelines as established by the State Board of Education pursuant to SDCL 13-33-7.2.

Respectfully submitted,

Gordon Mydland
Attorney General