AGO 80-079.

• Case Date: January 24, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-079. January 24, 1980 (OPINION) OPINION 80-79Mr. Howard J. Snortland Superintendent of Public Instruction State Capitol Bismarck, North Dakota 58505 Dear Mr. Snortland: This letter is in response to your request of January 2, 1980, to this office in which you request our opinion on the following question: May a school district levy for social security and teacher retirement funds for the school district's contracted share of teachers' salaries to the multidistrict special education centers? You indicate that the multidistrict special education boards, created by the 1979 Legislature, have no taxing authority and that the cost for the employment of teachers who can be employed by the boards will be borne by the school district. Section 15-59.2-01 of the North Dakota Century Code authorizes school districts to be organized into multidistrict special education programs. That section provides as follows:

15-59.2-01. MULTIDISTRICT SPECIAL EDUCATION PLAN. School districts may be organized into multidistrict special education programs for purposes of planning and coordinating special education and related services. The multidistrict program board shall submit a plan for implementation by July 1, 1980, for such organization to the superintendent of public instruction, who shall approve or disapprove any plan submitted. Such plan and any amendments shall meet the regulations and guidelines as established by the superintendent of public instruction. School districts not participating in a multidistrict special education program shall submit a plan for providing special education and related services. The school board of any school district which has been excluded from a multidistrict special education program and which wishes to have its school district included in such program may petition the superintendent of public instruction, who shall consider such petition prior to approving any plan submitted pursuant to this section or section 15-59.2-05. Appeals may be made to the state board of public school education.

Section 15-59.2-02 provides that representatives on the boards are to be appointed by the school boards and states in full as follows:

15-59.2-02. ORGANIZATIONAL PLAN - CONTENTS. The organizational plan to be submitted to the superintendent of public instruction shall include the number of members on the multidistrict special education board, how each district will be represented, selection of officers, terms of office, meeting times, requirements for a quorum, and such other items as may be required by regulation of the superintendent of public instruction. Representatives on the multidistrict board shall be appointed by the school boards of the participating districts. Compensation for board members shall be the same as that allowed school board members pursuant to section 15-29-05.

The powers and duties of the multidistrict board are set out in section 15-59.2-05 which states as follows:

15-59.2-05. POWERS AND DUTIES OF THE MULTIDISTRICT BOARD. The powers and duties of a multidistrict special education board shall be as follows:

1. To prepare, on behalf of the participating

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