Indiana daily times., 1921-03-28
LESH OPINION
ON EDUCATION
AID PUZZLING
Rules Vocational Department
Support Is Imperative Re
gardless of Funds.
BARES ODD SITUATION

The State vocational education depart
ment has been placed in the predicament
OF being required to spend fixed amounts
without having the money TO spend, as
a result Of action Of the Legislature and
OF an opinion issued by L. S. Lesh, at
torney general
Under the vocational education act the
department is required to pay half the
salaries Of county agents and half the
salaries of teachers in approved vOca-
tIonal schools or vocational departments
Of schools.
The attorney general held that, while
the board might refuse to approve the
appointment of county agricultural
agents on the grounds that it had not
sufficient funds to pay them 1t can not
refuse to approve the establishment Of
vocational schools and departments on
this ground and that they must be ap-
proved II they come up to requirements.
He expresses the opinion that 1t may
be necessary for county agents and
teachers to await further legislation be
fore receiving their pay.
L. n. Hines State superintendent Of
public instruction, insists that the n
cent levy granted by the Legislature is
far from sufficient to meet required eX-
Penses and submits figures to show that
even 1 cent levy would not be sufficient.
LESH GIVES
LEGAL RULING.
Mr.. Lesh's opinion on the payment Of
money to schools for vocational work
follows in part:
at is my opinion pursuant to the claim
division of the statutes that the State
board OF education cannot legally reduce
the expenditures of its vocational funds
hx- 70
than one half Of the sum expended by
such corporation in vocational schools Of
departments for industrial agriculture
and home economics education approved
by the State board OF education.
cit Is my opinion the state board of
education has no legal right TO refuse to
approve vocational schools or depart
ments except IN cases where they fail to
measure up to the standards prescribed
by the board as to organization, sbuild-
ings. location, equipment, courses Of
study, qualifications Of teachers, length
Of term, methods OF instruction, cOndi-
tions Of admission, employment of pupils
and expenditures Of money.
"The State board Of education is re
quired to pass on these things, and If
II has done so and the school or depart
ment as to such things is up 10 the
standards prescribed I do not think that
the State board has any legal right to
refuse to approve them on the grounds
that sufficient funds are not available
to reimburse such schools or departments
on the ration OF one-half. The statute
prescribes that grounds for refusing such
approval and the want Of funds is not
one Of them
RULES ON COUNTY
AGENT SITUATION.
Mr.. Lesh has the following to say Of
the county agent situation:
"Your letter of March q received call
ing my attention to section u of the vo-
catiOnal act of 1913 and asking whether.
when the appointment of a county agent
has been made and approved. it is neces-
sary for the State board Of education to
set aside a reserve as provided in the act
an amount sufficient TO pay One-half Of
the annual salary of the county agent
thus appointed and approved up to
mRxmum Of $1,000.
'In answer to your first question it is
my opinion that the money derived from
the y cent levy for vocational purposes
Is required to be set aside for and used
for the purposes for which it was levied
and one OF these purposes was to aid in
paying the salary Of appointed county
agents.
IN my opinion Wnen the appointment
Of a county agent is approved by the
State board Of education and the county
board Of education, the State is bound
to pay Purdue university an amount
equal to one-hah his salary provided
there is money sufficient derived from
the levy with which to pay it and Pur-
due University must pay one-haf Of
such salary provided that no more than
8, 900 is to be expended for that purpose
IN any one county but the State obliga-
tion to pay a part Of the county agents
salary is just the same as its obliga ton
to reimburse school corporations under
section IA of the vocational act Of 1913 as
amended by section OF the act Of 1919
SETS LIMIT
ON EXPENDITURES
''The one claim Is uist as binding as the
other but the obligation extends only so
far as the levy Of one-half Of l per cent
on taxable property Of the State enables
It to pay and when the money thus paid
is exhausted such payments necessarily
must cease and where the school corpora
tfons or county agents are ever to be
paid the deficiency must depend upon
future legislation
In another opinion, he says:
ut is my opinion that either the county
board Of education or the State board
by refusing to approve the appointment
Of a county agent may prevent such
county from having an agent at all and
that the State board OF education by
refusing to approve the appointment of
a person as county agent may legally
reduce the expenditure of money required
to pay his salary. Such refusal In my
opinion would excuse Purdue University
from the payment Of $1,000 or a less
sum, as half Of the salary OF the