About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1951 Arizona Attorney General Reports and Opinions 1 (1951)

handle is hein.sag/sagaz0072 and id is 1 raw text is: January 2, 1951 Op. No. 51-1 State Board of Education Capitol Building Phoenix, Arizona Gentlemen: In answer to your letter of December 20, 1950, requesting this office to show the existence of all the authority and responsibility claimed under Paragraph III, subparagraphs (a) and (b.) of Form RSA-5 of the application for federal funds for school facilities survey addressed to Federal Security Agency in Washington, D.C., we offer you the following: Under Paragraph lof the application it would appear that the legal name of State Educational Agency should be inserted as State Board of Education and not State Department of Public Instruction. Under Section 4 (A), War Measures, Laws of 1942, First Special Session, Chapter 15, Paragraphs 1 to 7, as found in the appendix in Supplement, Volume 5, ACA 1939, we find the authority of the State Board of Education (not the State Department of Public Instruction) to accept, on behalf of the State of Arizona, such grants from the Federal Government as are encompassed in the application mentioned. Section 1 of said law provides: Section 1. Acceptance and administration of federal grants.--The state board of education shall have power to accept on behalf of the state any moneys appropriated by Act of the Congress of the United States for defense in education, the reduction of illiteracy, the teaching of immigrants, or other educational purposes. The state board of education following regular educational fiscal procedure for counties shall be the chief educational authority fox, the administration and supervision of the expenditure of the moneys described herein, and the state treasurer shall be trustee thereof. Thus it appears that under the state law the State Board of Edu- cation is authorized to accept grants from the Federal Government for the purposes set out in Subparagraph (a) of Paragraph III of the appli- cation and by necessary implication then would have the authority to file the application in accordance with the federal requirements. As to Subparagraph (b) of Paragraph III of the said application, however, it would appear that there is no authority under state law for the Assistant Superintendent of Public Instruction to receive the grants as official custodian of the moneys and disburse them. Under Section 1 of the State War Measure, above quoted, the State Treasurer is made the trustee of such funds and under Section 4, provision as to disbursement of the fund is provided for as follows: 51-1 Digitized from Best Copy Available

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most