April 26, 1982

Mr. Richard Daugherty 
Principal 
Bowdle School District 
Bowdle, South Dakota 57428

Official Opinion No. 82-25

Agreement to Combine Football Teams

Dear Mr. Daugherty:

You have requested my opinion concerning whether one school district may legally contract with another district for the purpose of taking the 'class' of football each day and participating on the same football team.  You have also  inquired whether this arrangement is allowable under the South Dakota High School Activities Association constitution and bylaws.

SDCL 13-15-1, 13-15-1.1, and 13-15-1.3 provide: 

13-15-1.  A school district is hereby authorized to enter into contracts and agreements with the state, its agencies and institutions and any political subdivisions for educational purposes and services. 

13-15-1.1.  School districts may contract with each other to share the services of employees. 

13-15-1.3.  The school board of a school district bordering on one or more districts may enter into an agreement or contract with the officers of the adjacent school district or districts, if the provisions of such agreement or contract have been approved by the superintendent of elementary and secondary education, to provide for the education of the children who reside within the school districts and to provide for the erection, operation and maintenance of school facilities for the school districts upon terms and conditions as may be mutually agreed upon between the school districts, subject to the limitations as provided by law.  Such contract or agreement is subject to the provisions of the tuition law.

It is quite clear that football 'teaching' and 'playing' must be viewed as educational purposes or services--13-15-1--since school districts may expend their funds for them; or as involving the services of an employee--13-15-1.1;  or as involving the education of children and as such may or may not be approved by the State Superintendent--13-15-1.3.  One or all of the above statutes would allow an arrangement such as you describe.

I respectfully decline to address your inquiry of whether such an arrangement is permissible under the constitution or bylaws of the South Dakota High School Activities Association.  Since that association is not a state agency, it will provide its own interpretation of its rules.  How the association might deal with questions arising from such contracts, such as how to determine the class of the team or the name of the team, are not matters for speculation or decision by this office.

Respectfully submitted,

Mark V. Meierhenry
Attorney General