Opinion No. 68-20

STATE OF SOUTH DAKOTA OFFICE OF THE ATTORNEY GENERAL August 20, 1968 Leo P. Flynn State's Attorney, Grant County Milbank , South Dakota 57252 OFFICIAL OPINION NO. 68-20 Status of the Blooming Valley Common School District Dear Mr. Flynn: You have requested an opinion on the following situation. The Grant County Board of Education sets forth the summary of facts as follows: " July 11, 1967-Election returns presented to Grant County Board by Lester Bronson-31 in favor of dissolving and joining Summit School District-14 against. Board tabled until next meeting. " September 19, 1967-L. M. Dorsett presented a petition asking for the west two and one-half miles of Blooming Valley to go to Waubay. Board honored the petition to go to Waubay and put rest of district in Summit . Nothing was done with the election. No orders were sent to either Day or Roberts County . " May 9, 1968-Three board members made trip to Pierre , discussed above matter with Elwin Schmidt, James Schooler and Asst. Atty. Gen. Hayes. Upon advice gained from this visit a special meeting was called for May 14. " May 14, 1968-Board amended all previous action on Blooming Valley School District and released the entire area to Roberts County for attachment to Summit . This was the way the election was held that passed by 68% of the vote on July 11, 1967 that the County Board had tabled. " May 22, 1968-0rders sent to Roberts County for Blooming Valley . " June 26, 1968-Roberts County accepted the change order for Blooming Valley with the provision that individuals, by petition, may join a school district of their choice." The Blooming Valley Township Common School District sets forth the following facts: "1. The school district in question is located in western Grant County and was a non-operating district. Several years ago, around 1961, the Grant County Board of Education released the west 21/2 miles to the Day County Master Plan but there apparently was no action taken by Day County on the basis of that master plan action. (See attached copy of letter from Elwin Schmidt.) Then, in 1967, apparently under the provisions of SDC 1960 15.2018 (3), as amended, a special election was held June 20th, 1967 , and a copy of the 'Notice of Special Election' is attached and marked as Exhibit A. Please note the reference to four school districts. The vote in favor of dissolving the alleged four districts was 31 for dissolution and 14 against. "2. The results of the June 20th, 1967 election was presented to the Grant County Board of Education on July 11, 1967 , and an extract of the board minutes for that meeting is attached and marked as Exhibit B. "3. The Grant County Board of Education met August 15, 1967 , to further discuss the Blooming Valley School reorganization and an extract of the August 15, 1967 board minutes is attached and marked Exhibit C. "4. A copy of the Petition referred to in the August 15, 1967 minutes is attached and marked Exhibit D. Note that 36 signed the Petition whereas only 14 voted against dissolution on June 20th. Some of the electors claimed that there was very little actual notice given on the June 20th election. "5. The Grant Board met September, 1967, a copy of the published minutes is attached and marked Exhibit E. The action of the Grant Board has not been appealed. "6. After the Grant Board released the west 2 1/2 miles of Blooming Valley Township to Waubay Independent School District at the September, 1967 meeting, the Day County Board of Education, on December 1, 1967, adopted a resolution accepting the release of the Grant County land to the Waubay school located in Day County and a copy of the Resolution passed by the Day Board is attached and marked as Exhibit F. "7. Subsequent to December 1, 1967, the Day Board received a boundary change petition from Donald Brink requesting that he be released from the portion of Blooming Valley attached to Waubay and instead be attached to Summit School District. This Petition was approved and it was the only petition received by the Day Board for boundary changes affecting land in the west 2 1/2 miles of Blooming Valley . "8. The Grant Board met in Special Session May 14, 1968 and a copy of the published minutes of that meeting are attached and marked Exhibit G. "9. On June 26, 1968, the Grant Board and the Roberts County Board of Education met jointly at Sisseton, and an extract of the minutes of the Roberts Board is as follows: "Dr. Bauer: CHANGE OF ORDER FOR BLOOMING VALLEY TWP, to be approved by the Roberts County Board of Education-with the right of individuals to petition out to other districts, after Grant County Board has rewritten the ORDER. All agreed this should be done." "10. School patrons residing in the west 2 1/2 miles of Blooming Valley, after hearing of the May 14, 1968 action of the Grant Board attaching them to Summit, appeared before the Roberts County Board on at least two occasions and apparently became apprehensive that the Roberts County Board would not approve change of boundary petitions for all of those who want to be attached to Waubay instead of Summit. You have asked the following specific questions: "1. Since on June 20, 1967 , there was only one school district in Blooming Valley , was a valid election held and conducted in view of the wording of the question voted on at the election which refers to four school districts in Blooming Valley ? "2. Since the action of the Grant Board of September 19, 1967 in attaching the west 2 1/2 miles of Blooming Valley to Waubay and the rest of Blooming Valley to Summit has not been appealed and the Day Board has approved the action of the Grant Board and approved minor boundary changes based on such action of the Grant Board, can such action of September 19, 1967 be later amended by the Grant Board? "3. What is the present status of school reorganization of the Blooming Valley Common School District ?" SDC 1960 Supp. 15.2018 as amended by Chapter 40, Session Laws of 1967, sets forth the procedure for a school to vote to be dissolved and combined with another district or districts. If the district or any part thereof is to be combined or attached to a school district in another county, then joint approval by the two county boards of education is required as provided by SDC 1960 Supp. 15.2006, as amended by Chapter 40, Session Laws of 1966. It is my opinion that there is no provision under SDC 1960 Supp. 15.2018(3) as amended by Chapter 40, Session Laws of 1967, whereby a school district can vote on the question of whether two or more school districts should be dissolved and attached to another school district. The "Notice of Special Election" for the June 20, 1967 election stated that the purpose of the meeting was to consider the following question: "Shall Blooming Valley Township Common School Districts No. 1 through 4 of Grant County, South Dakota, be dissolved and such area be attached to the Summit Independent School District of Roberts County, South Dakota ?" Subsection (3) of SDC 1960 Supp. 15.2018, as amended, reads in part as follows: “...Such notice shall clearly state and contain the purpose of the election and the time and place, or places, at which the election will be held." In answer to your Question No.1, it is my opinion that the Notice of Special Election for June 20, 1967 was not clearly stated and that the question to be voted on was ambiguous and that a valid election was not held on June 20, 1967 . In answer to your Question No.2, it is my opinion that the action taken by the Grant County Board of Education on September 8, 1967 and the joint action taken by the Day County Board of Education on December 1, 1967 would be valid if the petition was made under subsection (1) of SDC 1960 Supp. 15.20.17, as amended by Chapter 45, Session Laws of 1965. If the petition affected more than five per cent of the assessed valuation of the Blooming Valley Township Common School District , then the procedure set forth in subsection (2) would have to be followed. It is my opinion, however, that even though the assessed valuation may have exceeded five per cent, since there was joint approval by the two county boards of education and there has been no appeal of such decision as provided in SDC 1960 Supp. 15.2023, as amended by Chapter 42, Session Laws of 1966, that such action should be considered final and became effective July 1, 1968, and that such action is not subject to any amendment or modification by any county board of education. In answer to your Question No.3, it is my opinion that the area of Blooming Valley Common School District attached to Waubay Independent School District became effective July 1, 1968 and any boundary changes approved by the Day County Board of Education affecting such constituted Waubay Independent School District after July 1, 1968 would be effective. It is also my opinion that what remains of the Blooming Valley Common School District continues to be a common school district as of July 1, 1968 and proper action under the statutes should be initiated and approved subsequent to such date and its destiny determined thereby. Respectfully submitted, Frank L. Farrar Attorney General