STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 31, 1973

Wayne D. Groe
State's Attorney, Union County
Elk Point, South Dakota 57025

OFFICIAL OPINION NO.73-28-A

Transfer of school district reorganization duties of county board of education to board of county commissioners July 1, 1973.

Dear Mr. Groe:

You have submitted the following factual situation:

On March 16, 1972, the Union County Board of Education adopted a resolution approving the directive and adjustment of assets and liabilities for the Elk Point Independent School District and nine common districts involved as set out in the directive. A notice of appeal was filed on June 12, 1972, by two taxpayers and residents of two of the nine common school districts which were adjusted to the Elk Point Independent School District appealing the decision of the County Board of Education adopted on March 16th. Due to various reasons, one of which is the fact that Union County was assigned to a different circuit, this appeal remains pending in the Circuit Court, and at this time, it is not known when the case will be decided.

As of July 1, 1973, the Union County Board of Education is no longer in existence.

You have requested an opinion on the following:

Generally the Union County Board of Education is wondering what its duties and responsibilities will be after July 1, 1973, specifically in reference to the appeal which remains pending in the Circuit Court. For example, if the Circuit Court should find against the adjustment which has been made by the Union County Board of Education, and, thus require a new adjustment to be made, who specifically would have the responsibility of making that adjustment?

SDCL 13-6-37 was amended by Chapter 85, Session Laws 1973, and this statute validated school district reorganization prior to July 1, 1972, however, since there was an appeal in effect on July 1, 1972, this validation statute would not be applicable to your factual situation. The county board of education was removed from SDCL 13-6 and in certain instances the board of county commissioners was given certain responsibilities and duties formerly performed by the county board of education. SDCL 13-2 creating and relating to the county board of education was repealed by Chapter 85, Session Laws 1973.

SDCL 13-6-77 reads as follows:

The board of county commissioners of the county having jurisdiction over the school district shall have the power and duty to determine the value and the amount of all school owned property, cash assets, and all bonded and other indebtedness of each existing school district affected by a change in district boundaries resulting from any form of school district reorganization. The board of county commissioners of the county having jurisdiction over the school district entity created or to which territory has been annexed shall, after the change takes effect, order any equitable adjustment as deemed necessary. If the adjustment requires a transfer of school district owned property, assets or liabilities from a school district under the jurisdiction of one county to a school district under the jurisdiction of another county, the order directing the transfer of such property and adjustment of such assets and liabilities shall be approved by the board of county commissioners of both counties and signed by their respective chairmen.

SDCL 13-6-78 reads as follows:

All liabilities and assets shall be transferred according to directives prepared by the board of county commissioners. A copy of such directives shall be mailed to the superintendent: of public instruction and all other parties enumerated in §13-6-48.

Prior to the last amendments of the above two statutes by Chapter 85, Session Laws 1973, the general dut1es set out therein were to be performed by the county board of education; therefore, in answer to your specific inquiry, it is my opinion that after July 1, 1973, the board of county commissioners will have the power and duties to make any adjustments of assets and liabilities due to school district reorganization and court decisions.

Respectfully submitted,

Kermit A. Sande
Attorney General