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Show POOR COPYl I - THURSDAY, NOVEMBER f 16, 1972 THE DAILY RECORD PAGE THREE Office of the Attorney General OPINION NO. November 72-0- 47 10, 1972 second question moot. puul S. Rose, Executive Director, State of Utah Department of Social Services Fund 1. legislative enactment? if the answer to Question 1 is yes, could ' the educational program at the Industrial School receive financing under the Uniform School Fund under the formula applicable to the public schools in general? 2. No. 2. NO. Article X, garten schools? Uniform School This section clearly limits use of funds from the and would not cover Fund to programs for handicapped children programs for the School inmates at large. shall include kinder- "The public school system schools, consisting of common primary and grammar grades? high schools, an agriculture college? universities? and such other schools as the Legislature may establish. The terms "common school' and "high schools" section of the Utah State Constitution to I 556, 236 p.2d 756 (1951) and only upon demonstration of needs physical for programs for children with exceptionalstate to allocated Units or mental handicaps. educational institutions nuy be utilised to finance rate of the programs during the summer months at rd unit for each unit allocated for programs ..." 59528 Letters of Milan Robbins - 47 Am. Jur 2d Schools 3, and . t..s ...... ; and i v. ' Lo ll.J uuili a program, uueational holding tlu I. special ALK 69, pi ogrniu:; in our ..choc)". Thur.i, c.ucli a school system if spi.cifical.lv established "common This the Legislature has chosen not programs for handicapped children by the Legislature. to do, with the exception of who may be in the State In- dustrial School. Instead the Legislature has placed this duty and responsibility of Family Services. on the Division State Industrial School, located in be for the Ogden, in the County of Weber, shall confinement, dicipline, education, employment and reformation of juvenile offenders committed to it according to law, and such others as may be received into the institution by contract entered into by the Division of Family Services." The "64-6- -1 (einpliasis added) instruction at "64-6- -7 School The division of family services shall cause the inmates to be instructed in correct principles of morality, and in such branches of useful knowledge as shall be adapted to their age and capacity. Each inmate of the School shall, so' far as practical, be taught a trade or some useful occupation to fit him to earn a livelihood upon his release." The instructing fact that the Legislature has placed the duty of and educating - 117 H, SLC no Kellogg, 2488 E 82 to Pioneer Dodge Cnt - Darwin Rollins, 729 E 21 SLC to Zion Mtr Inc; Cmpr St, 125 hhg. Kitchen 129 SLC Eq E - Albert Garcia, 530 Lowell to Cont Bk Tr; Cmpr - Sant ford Norris, 326 3, SLC to BIC Ln; hhg 132 - Lowell 80 S, SLC to S 6 Hlaker , 3054 E 71 Lockhart Co; hhg - Verona Hallace, 4580 High land Dr, SLC to Lockhart Fin; 133 hhg 700 H, SLC 1483 H 4180 Th Ln; Con & to Cabinet Inc Bk of SL; Janice Averett, 3349 S 13 SLC to Ford Mtr Cr; hhg - I 215 - Richard Shaples, 4462 H 3650 S, Grgr to Fid Ind Cr; hhg 216 - S, Mur Franco, 387 H. 5900 to Fid IndCr; hhg Mauro 217 - James Hilliams, 3421 Brett Av, Grgr to Mur 1st Th Ln; hhg - Brent Porter, 2715 H 2720 S, SLC to Easy Living Mobile Homes; hhg 232 - ta, SLC Robt Hoonaker, 1540 Rober to Hlkr Bk Tr; Snowms 233 - Gerald Black, 250 Vaga bond Dr, Mur to Hlkr Bk Tr; hg 235 - St, SLC Baxter, 1364 Major to lat Nat Bk; Moblel Ray Home, hhg 236 - LeSlieLund, 4511 H 4925 S Kearns to Rlngaby Cr Union; Eq Cmpr the inmates of the State Industrial b legislative enactment establishing schools for LINCOLN QUOTATIONS - Government - the State Industrial School within the public school system, lead to conclude that the Division of Family Services cannot transfer the responsibility of educating the inmates at the State industrial us School - Nellson Mill H Th Ln; 218 130 - Barbara Owen, 3854 S 660 H, Hntr to BIC Ln; hhg 131 S, Grgr to Mur 1st Gds, hhg N 1st Mur De Edward Evans, 4205 Rae St Grgr to Scott Mach; Eq Cmpr S 6 to Elec to McCray, 3925 - Karl Rlchlns, 162 214 Cmpr - Pearson Enterprises, 161 W, SLC to Tracy Col Bk Tr; 3250 S, Grgr Con Gds 208 00 E, SLC 127 - Hubert & SL N Main, 207 - S taker Paving & C0nst Co, 4730 S 360 H, Mur to Soctt Mach Co; Eq Roscoe Gwindle, 702 N 4 to Orson Gygi Co; Eq 124 - Ronald 00 S, Sandy 60 Orchard Dr, seret Leas Co; Eq S H Eq Eq - James Graham, 3186 S 1720 to Menlove Dodge Toyota; 123 E, - Security Lighting 198 - 340 157 Co, 159 618 to Zion Leas; - Shafers Inc, 1458 to Zion Leas; Eq 4135 Financing Statements School upon the Division of Family Services, coupled with the fact that there is hearlngll29 59536 - Hells, Calvin Y. Probate of Hill G. H. Robbins -- Hearing 1129 in orphanages school could only be part of the public Admr. SLC SLC 152 1129 20, ciLi.iig other jni.titutkns arc not within tlu; definition of Admr. - Hobbs, Mabel J. Letters of t Admr. Mas Yano - Hearing 1129 59533 - Bullen, Annie M. Probate of Hill Clark P. Giles - hearing 1129 59535 - Hill, Doris B. Probate of Hill M. Richard Valker - bearing 59532 Alien v. Board of Education, 120 Utah 2d ? 2400 S, Glen S. Hatch - Hearing 1129 59529 -- Gygi, Marie free and - Plastronicx Corp, 151 - Nuesmeyer, Kathryn Letters of are used in the above mean schools Financing Statements Probate Court opinion cannot reasonably bo construed to include a special program I.iMi total wide during the regular school year." Section 2, of the Utah Constitution, defines to all residents. .more shall limit additional distribution to not statethan 91 over the previous years actual one-thi- the scope of the public school system in the State of Utah as: open application of education may allow additional distribution conunits or programs for handicapped children ducted in accordance with standards promulg.ii.cd including proby the state board of education, school district local grams conducted by the board of education for the Utah state, training inschool, Utah state hospital and Utah, state dustrial school. The slate board of education Car. 1. provide funds from the Uniform School or education by a d.i r. Livid. board state board the submitted on or before June 1, the responsibilities of providing an educational program at the State industrial School be transferred by the Division of Family Services to the public schools without ANSWERS : Code This section reads as follows: On QUESTIONS that Utah However, we point out (4) does 53-7-- 21 in the negative makes the for programs for handicapped children at the State Industrial School. Vernon R, Romney, Attorney General Kent S. Lewis, Assistant attorney General DYs PREPARED first question Answering the Annotated requested bys State of Utah to the public school system. ' IMF. UK COMPANY ' ' I: OWN AND AUOCMTH BM MIT Mf HM Rttl U CK VMM fc4f MVB ' UNCOUi NATIONAL IN&jRANCF If all men were just, there would still be some, though not so much, need of |