Duckworth, 020574 MSAGO, 1974-0007

• Case Date: February 05, 1974
• Court: Mississippi

Mr. L. W. Duckworth No. 1974-0007 Mississippi Attorney General Opinions February 5, 1974          Mr. L. W. Duckworth          Chairman          Attendance Center Trustees          Magee Public Schools          Magee, Mississippi          SCHOOLS - TRUSTEES AUTHORITY 179 SCHOOLS-COUNTY BOARDS           Dear Mr. Duckworth:          Attorney General Summer has received your letter of request dated January 7, 1974, and has assigned it to me for research and reply.          In your letter you state as follows:

“We are members of the local Board of Trustees of the Magee High School in Magee, Mississippi. Magee High School is operated under the county unit system. We are requesting your opinion regarding the matters hereinafter stated. “We are requesting an opinion as to the disposition of local school funds which are derived from the sale of candy, peanuts, milk and other items from vending machines, the sale of school pictures, the sale of paper and pencils, and the sale of such other items. The proceeds of these sales are placed in what is known as a ‘student fund’. “We would like to know if in the future and under present law if we as local board have the right to make decisions to disposition or spending of the above mentioned funds. Or stated differently, do we have the authority to make orders as to the disposition or spending of said funds. “We would also like to know if in the future and under present law if the principal of the school could supplement his salary and the salaries of others from the above mentioned funds without the same having been approved by the county board through a prior order placed on the minutes of said county school board, and when this authority was not provided in his contract.”

         Regarding the proper administration and accounting of the proceeds from the sale ofcandy, peanuts, milk and other items from vending machines, the sale of school pictures, the sale of paper and pencils, and the sale of such other items, I am of the opinion that the authority for the administration of such funds and the duty to see that proper accounting of the fund is regularly made is vested in the county board of education. Such funds as are remitted by students to pay for school pictures, class rings, school yearbooks and senior class invitations, etc., are private funds and should not be commingled with any other public funds. Other than providing the opportunity for school pictures to be made, class rings and yearbooks to be sold...