Montana Attorney General Opinion 15-308

Opinion No. 308 State University-Nonnal College-Di- plomas-Certificates-Teachers -Citizenship. HELD: ;SOo diploma frow any unit of the Unh'ersity must assume to grant Ilny graduate who is not a citizen IIny right to tellch in the public schools of this state. OPINIONS OF THE ATTOR:-\EY GENERAL 209 August 16, 1933. "'e acknowledge receipt of yours of August 14th, which is as follows: "The law has for a long time pro- dded that a diploma from the State :-\ormal College at Dillon shall consti- tute lin elementary state certificate '-alid for six years from date. So far as I Clln find there is no restriction on any person of sufficient age entering the Normal School and completinl\' a course there. When any person has done this he would naturally be pre- sumed to be entitled to a diploma. In 1931 the Legislative Assembly, without making any direct allusion to this law. enacted that no certificate to teach in the public schools of Montana shall be granted to any person who is not a citizen of the United States. Prob- ably no one doubts that e'-en a person of foreign birth who had graduated at the State ~ormal College would be obliged to d~fer teaching in the public schools until his final citizenship pa- pers were obtained. The question, how- ever, arises whether the law by indi- rection forbids such a person to grad- uate from the Normal College because the diploma which he has received would seem to be a certificate to te·ach. ]f the law does forbid such a person to graduate, does it forbid him to'at- tend the school at all? If it does per- mit him to attend, but not to graduate, it would seem to be difficult to see at what moment he must be compelled to discontinue his course. l\Iay I ask you to give an opinion with reference to the dilemna in which the officers of the State Normal College find them- selves:" Section 854, It. C. 1'1. 1921, as amended by Chal}ter G, Laws of 1!)27, vests in the State Board ·of Education the power to grant diplomas to the graduates of all the competent institutions compris- ing the University of l\Iontana. Section 853 vests the control of the University in the State Board of Education with power in the board to make necessary rules and regulations for its govern- ment. If the Normal College at Dillon grants diplomas to Its graduates which contain anything inconsistent with the statutes of the state, the school authorities of the state are not bound by such incon- sistent provisions. Section 1088 R. C. 1\1. 1921, as amended by Chapter 147, Laws of 1931, prohibits the issuance of II c-ertificate to teach to anyone not a citizen of the United States. Your di- plomas and certificates should be re- \;sed to comply with this chapter. There is no provision of the stat- utes prohibiting any student from grad- uating from any unit of the Unh-ersity after full compliance with the pre- scribed regulations, but no diploma must assume to grant any graduate who is not a citizen any right to teach in the public schools of the state.