Alabama Attorney General Opinion 1979-0135

• ar S OFFICE OF THE ATTORNEY GENERAL LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKURS. JR. EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA March 27, 1979 ADMINISTRATIVE BUILDING 14 NORTH UNION MONTGOMERY 111110 AREA (2051.1134-5150 Representative Jack Biddle, III House of Representatives State Capitol Montgomery; Alabama Appropriations - Education Local Boards may not reduce nor divert funds received pursuant to Act 771, Regular Session 1978. Dear Representative Biddle: I have your request for an opinion of this office re- lating to Act No. 771, Acts of Alabama, Regular Session 1978, Approved May 2, 1978. The above Act states: "Section 1. There is hereby appropriated to the various public school systems of the state from the Special Educational Trust Fund $5.00 per student enrolled in the public ele- mentary and secondary school systems of Ala- bama and in the post secondary two year institutions now under the jurisdiction of the State Board of Education, as of the end of the school year in 1978, for the fiscal year ending September 30, 1979. This ap- propriation shall be in addition to any and all other funds heretofore or hereinafter appropriated for library purposes in the Alabama public school system. This appro- priation shall be expended under rules and regulations approved by the State Board of Education." Representative Jack Biddle Page Two March 27, 1979 You ask if the local school systems may prorate or re- duce the amounts forwarded to them appropriated by this Act or if they may spend said amount for purposes other than those stated in the above-quoted section. The answers to your questions are in the negative. There is no authority either in the general law or in Act 771 itself which would allow the local Boards to reduce the amount forwarded to them and divert these funds into any -other education area. All funds received by the local Boards of Education must be spent in accordance with the dictates of the Act and that is only for library purposes. This of course does not affect that proration ordered by the Governor and that is not addressed in this opinion. Sincerely, CHARLES A. GRADDICK Attorney General S. apt_ WALTER S. TURNER Chief Assistant Attorney General WST/ca