STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

September 14, 1973

James Deam, Secretary
Education and Cultural Affairs
State Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 73-32

Board of Regents may attach School for the Deaf to the University of South Dakota for administrative purposes.

Dear Mr. Deam:

You have submitted the following information:

Article XIV, Section 3 of the State Constitution places the University of South Dakota and the School for the Deaf under the control of the Board of Regents. The Regents are currently looking at the feasibility of placing the South Dakota School for the Deaf under the University of South Dakota for administrative purposes. If such a move were made, the Superintendent of the School for the Deaf would report to the President of the University. The University would be expected to provide administrative services in the business office at the School for the Deaf, physical plant, and other areas. The Superintendent would request the University to provide whatever services he felt desirable in order to improve the educational program at his school. We would continue to have a separate budget for the School for the Deaf, and the Superintendent would be expected to attend the board meetings when necessary. Ultimate decisions would continue to be subject to final approval by the Board of Regents.

Based on the above information, you have requested an opinion on the following question:

Would there be any legal restrictions in connection with the possible attachment of the School for the Deaf to the University of South Dakota for administrative purposes?

Section 3 of Article XIV of the South Dakota Constitution reads as follows:

The state university, the agriculture college, the school of mines and technology, the normal schools, a school for the deaf, a school for the blind, and all other educational institutions that may be sustained either wholly or in part by the state shall be under the control of a board of five members appointed by the Governor and confirmed by the senate under such rules and restrictions as the legislature shall provide. The legislature may increase the number of members to nine.

I find nothing in this constitutional provision that would require or make it mandatory that the board provide a separate fully staffed administrative unit for each institution under the board's control .

SDCL 13-62-1 reads as follows:

The state school for the deaf, located at Sioux Falls, shall be under the control of the board of regents and so maintained and managed as to afford an enlightened and practical education to the class of persons entitled to its benefits.

SDCL 13-62-2 reads as follows:

It shall be the duty of the board of regents to employ a superintendent who shall be trained in the education of the deaf and skilled in the use of the sign language and capable and efficient in the instruction, management, and care of the deaf and hard of hearing.

SDCL 13-62-4 reads as follows:

The board of regents shall prescribe the duties of the superintendent and shall have the power to employ such other teachers, assistants, watchmen, and servants as the proper conduct and efficient management of such school may require and to fix the compensation for the same.

SDCL 13-62-14 reads as follows:

It shall be the duty of the board of regents to make such rules and regulations as may be necessary for the efficient government and operation of the school.

SDCL 13-53-4 reads as follows:

The board of regents shall have the power to enact and enforce all rules and regulations, not in conflict with any law, and deemed necessary by it for the wise and successful management of the institutions under its control and for the government of students and employees therein.

I find nothing in the above cited statutes enacted by the Legislature or any other statute that would require a separate full-time administrative unit for each institution under the control of the Board of Regents. SDCL 13-62-2 would, however, require the employment of a superintendent for the State School for the Deaf.

In 1963-64 AGR 244 the Attorney General said in part:

The Board of Regents has power to govern and regulate each institution under its control in such manner as it shall deem best calculated to follow the purposes for which the same is maintained ...

I concur in this former opinion and in answer to your specific question, it is my opinion that the answer is, NO.

Respectfully submitted,

Kermit A. Sande
Attorney General