STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 16, 1968

Allen G. Wilson
State's Attorney, Fall River and Shannon Counties
Hot Springs, South Dakota 57747

OFFICIAL OPINION NO. 68-9

State Institute Fund

Dear Mr. Wilson:

You have requested an opinion on the following:

"For many years each county of the State has received $50.00 annually from the state institute fund for use in the employment of qualified lecturers and instructors at teacher institutes pursuant to the provisions of SDC 1960 Supp. 15.3804. This year the State Board of Education informed the county superintendents of schools that this annual payment would be discontinued.

"This fall a circuit consisting of 13 counties plans to have a teacher institute meeting in Hot Springs and would like to employ qualified lecturers and instructors for this institute."

You have asked the following question:

"Can the State Board of Education withhold this annual payment, and, if so, what must be done to pay these lecturers and instructors for this institute?"

SDC 1960 Supp. 15.3804 reads in part as follows:

"The State Board of Education may at its discretion authorize a fee to be paid by the applicant for the issuance, renewal, or reinstatement of a teacher's certificate. The fee shall be paid to the State Superintendent of Public Instruction who shall in turn deposit said fee into the state treasury and there credited to a fund to be designated as the state institute fund. The money in the state institute fund shall not revert into the state treasury but shall accumulate from year to year.

"The said institute fund shall be used only for the purpose of employment of qualified lecturers and instructors at teachers institutes held by the county superintendent of schools with the approval of the Superintendent of Public Instruction as provided by law, and for the purpose of employment of competent persons for writing and publishing bulletins and course of study materials essential to the public school system of this state;..."

The minutes of the State Board of Education dated August 31st and September 1, 1967 read in part as follows:

"After further discussion, A MOTION WAS MADE by Mr. Koehn and seconded by Mrs. Bakewell that, commencing July 1, 1968, it shall be the policy of the State Board of Education to discontinue the annual payment of $50.00 per county for talent for the county teachers institutes. Motion carried."

The above statute provide that the State Board of Education may, at its discretion, authorize a fee and establish the State Institute Fund. It is my opinion that the State Board of Education also has the implied authority to allocate the amount of expenditures to be used for the purposes set forth in the statute. It is therefore my opinion that the State Board of Education may reduce, increase, or eliminate the allocation for the purpose of employment of qualified lecturers and instructors at teachers institutes held by the County Superintendent of Schools. The fund would then be used for the other purpose as set forth in the statute.

It is my opinion that the provisions of SDC 1960 Supp. 15.1903 and 15.1905 may be used to pay the lecturers and instructors for such an institute as proposed.

Respectfully submitted,

Frank L. Farrar
Attorney General