Montana Attorney General Opinion 15-262

Opinion No. 262 Schools-Teachers-Life Certificate to Teach-University-Collegoe-- Students-Contracts. HELD: 'Vhen n student matriculntes nt.a college, the rules ,and regulations of the college then in effect, and the payment of the required fees by the student, cl'entes a contract be~ween the college and the student which the state mny not impair, and therefore, a stu- dent who matriculated ,prior to the t'nnctment of Chapter 147, Laws of 19.'31. (Sec. S) ,is entitled to a life certificate to teach after she has successfully taught for 27 months, after graduntioll. June 20, 1033. You request my opinion whether Mrs. 'Vm. Gregg of Polson, Montann, is en- titled to'a life certificate to teach in the schools of ~fontana, after haYing satisfactorily taught su))sequent to graduation from the University of ~Iontann for twenty-seven months. Mrs. Gregs- wns formerly Miss Eliza- beth ~"'rye. She graduated at Missoula in 1930. At the time of her graduation, the statute provided that ufter teach- ing for twenty-seven months subsequent to graduation she would be entitled to a life certificate. (Sub-section 2 of Section 7, Chapter 131, Laws of 1923, amending Section 1092 R. C. )1. 1921.) In 1931 the legislature further amended Section 1002 extending the time a grad- unte must successfully teaCh, from twenty-seven to thirty-six months, be- fore being entitled to a life certificate. (Section S, Chapter 147, Laws of 1931.) At the time Mrs. Gregg gruduated in 11)30, the University at Missoula issued to her a diploma or certificate reciting the statutory provision then in effect providing that after successfully teaCh- ing for twenty-se\'en months she would be entitled to a life certificate, ~'hequestion is as to whether Mrs. Gregg shall be required to teach the thirty-six months required by the new law or the twenty-seven months l'e- quired by the statute in force at the time she graduated, and which was made a part of her certificate of gmdu- ation. When a student matricUlates at a college, the rules and regulations of the college then in effect, and the payment of the required fees by the student, creates a contract between the college and the student. (People v. Belleyue Hospital Medical College, 14 N. Y. S. 490). In State v. Barrett, 25 ~Iont. 112, our Supreme Court said: "* * * A stat- ute which imposes new conditions * • * is repugnant to the Constitution ns being a law. impairing the obligation of a contract" .. *." 'Ve are there- fore of the opinion thnt the added re- quirement of the 1931 Act cnnnot apply to one who graduated from the Uni- Yersity pdor to its ennctment. ' , Furthermore, to apply the 1931 Act to students who graduated wben the old law was in effect would give the 1931 Act a retroactive effect and no statute may be construed so as to gi\'e it such effect unless the act expressly provides therefor. Section 3 R. C. M. 1921 is ns follows: "No law contained in any of the codes or other statutes of )Iontana is retroactive, unless expressl~' so declared." See nlso Illinois Confer- ence Female College \'. Cooper. 25 III. 133, where the court said: "The rule is universnl that a law shnll not be construed to hnve n retroactive effect, unless that intent is clearly expressed by the lawgiver." There is no express declarntion in Chapter 147, Laws of 1931, providing it shall be retroacth'e and it must be held to npply only to agreements and tranSactions arising subsequent to its passage and approval. 'rhe State Board of Education lias supervision over the UniverSity nnd pro\'ides the rules and regula tions under which it operates in addition to those prO\ided hy statute, (Section 836, R. C. 1'1. 1921) and the lnw assumes that all officers perform their respect- tive duties. Consequently it must be assumed that the Bonrd of l<Jducation provided for or authorized' the data contained in the diplomas and c'Crtifi- cates issued to students, and nre con- trolled thereby, nnd, even though u different conclusion were not contrary 184 OPIXIO~S OF THE ATTORNEY GENERAL to law, it would not be in harmony with the dignity and honor of the state to repudiate anr promise made in such matters by one of its most important boards, acting within the scope of its powers. Students ha,'e a right to con- fidently rely upon such representations as are contained in their certificates and diplomas, and the state and the Hoard of Education should, with the utmost good measure. keep faith with its students. We are therefore of the opinion that Mrs. Gregg is entitled to a life certif- icate when she furnishes the Board of Education satisfactory evidence of hav- ing successfully taught twenty-seven months subsequent to her grad un tion at the University at Missoula.