AGO 81-046.

Case DateMay 15, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-046. OPINION 81-46Date Issued: May 15, 1981 (AGO 81-46) Requested by: Elmer Huber, Deputy Superintendent, Department of Public Instruction- QUESTION PRESENTED - Whether the state Superintendent of Public Instruction has the authority to assign to county superintendents of schools the duty of assisting the Department of Public Instruction in the operation and inspection of school lunch programs.- ATTORNEY GENERAL'S OPINION - It is my opinion that the state Superintendent of Public Instruction has the authority to assign to county superintendents of schools the duty of assisting the Department of Public Instruction in the operation and inspection of school lunch programs. - ANALYSIS - Section 15-54-03 of the North Dakota Century Code gives the state Department of Public Instruction, which is the "state educational agency," defined in section 15-54-01(4), N.D.C.C., broad authority in the administration of school lunch programs. It provides, in part:
15-54-03. ADMINISTRATION OF PROGRAM. The state educational agency may enter into such agreements with any agency of the federal government, with any school board, or with any other agency or person, prescribe such regulations, employ such personnel, and take such other action as it may deem necessary to provide for the establishment, maintenance, operation, and expansion of any school lunch program, and to direct the disbursement of federal funds, in accordance with any applicable provisions of federal or state law. . . .
This section allows the state educational agency to take whatever action is necessary to provide for the operation of school lunch programs.
Section 15-54-05, N.D.C.C., requires the state educational agency to conduct or cause to be conducted audits and inspections of the accounts, records, and operations of school lunch programs. This section states:
15-54-05. ACCOUNTS, RECORDS, REPORTS, AND OPERATIONS. The state educational agency shall prescribe regulations for the keeping of accounts, and records and the making of reports by or under the supervision of school boards. Such accounts and records at all times shall be available for inspection and audit by authorized officials and shall be preserved for such period of time, not in excess of five years, as the state educational agency lawfully may prescribe.
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