Could a South Carolina school consortium charge other districts initial and annual fees to use its televised Spanish lessons?

Plain-English summary

In a 1996 informal opinion, an assistant attorney general considered a televised elementary Spanish program jointly produced by the Winthrop Olde English Consortium and South Carolina Educational Television. Participating districts helped fund instruction, and the consortium proposed charging districts outside the consortium both an initial fee and an annual fee to recover costs. The author concluded the fees were permitted through contractual agreements.

He found statutory contracting authority for Winthrop University, Educational Television, and school districts, with no identified statutory prohibition on the proposed arrangement. His conclusion concerned the described program and cost-recovery fees, not an unrestricted power to charge any district for any educational broadcast.

Currency note

This opinion was issued in 1996. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could nonmember districts be charged an initial user fee?
A: The author said yes under the contractual arrangement described.

Q: Could the consortium also charge an annual fee?
A: Yes. The same analysis supported an annual user fee for continued use of the Spanish series.

Q: Why did the author consider these fees permissible?
A: He found that each participant had statutory power to contract and that no cited law barred this type of agreement.

Background and statutory framework

A senator forwarded questions from Winthrop University about a Spanish program produced and broadcast with Educational Television. The author reviewed Winthrop's corporate contracting powers, SCETV's authority to sell or lease program use under S.C. Code Ann. § 59-7-50, and districts' contracting powers. He concluded that the agencies could make the proposed arrangements and charge initial and annual fees.

This was an informal opinion signed by an assistant attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• Educational Television authority: S.C. Code Ann. § 59-7-50.

Official title

Asking if the Winthrop Olde English Consortium (WOEC) can, through South Carolina Educational Television (SCETV), charge an initial user fee for cost recoupment to non-member public school districts in South Carolina who use the elementary Spanish series and can the WOEC, through SCETV, charge an annual user fee for cost recoupment to non-member public school districts in South Carolina who use the elementary Spanish series.

Requester

The Honorable Robert W. Hayes Jr., Senator, District No. 15

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-12-1996/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96nov12hayes.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATI'ORNEY GENERAL

November 12~ 1996

The Honorable Robert W. Hayes, Jr.
Senator, District No. 15
Box 904
Rock Hill, South Carolina 29731
Re:

Informal Opinion

Dear Senator Hayes:

y OU have forwarded a letter from Michael Griffin of Winthrop University which contains two questions involving a joint project between the Winthrop Olde English Consortium (WOEC) 1 and South Carolina Educational Television (SCETV). The joint project involves the creation, production, and broadcast of a Spanish program for elementary students in participating member school districts of. the WOEC. The agreement between WOEC and SCETV calls for the WOEC to pay for instructional costs and SCETV to pay for program costs associated with the production and marketing of the program. For the purposes of cost recoupment, the WOEC h3s discussed the possibility of charging non-member public school districts in South Carolina fee to use the elementary Spanish program. Accordingly, Mr. Griffin has asked the following questions: 1.

Can the WOEC, through SCETV. charge an initial user fee for cost recoupment to non-member public school districts in South Carolina who use the elementary Spanish series?

1

The WOEC is comprised of Winthrop University and several participating schooldistricts who pay a fee to belong to the WOEC.
~

REMBERT C:El:NJIS Bt:ILDING

~dc_z~

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Posr OFFICE Box 11549

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Cow~1e1A, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Robert W. Hayes, Jr.
Page 2
November 12, 1996
2.

Can the WOEC, through SCETV, charge an annual user fee for cost recoupment to non-member public school districts in South Carolina who use the elementary Spanish series? LAWIANALYSIS

State agencies are permitted to contract among themselves, provided that the state agencies involved have been granted the power to contract and there otherwise ellits no statutory or other prohibition against the specific action contemplated. In the situation presented by Mr. Griffin, the three entities cited (the WOEC, SCETV, and non-member public school districts located in South Carolina) have all been granted by statute the power to contract and none are statutorily prohibited from entering into the type of agreement outlined by Mr. Griffin. First, the Board of Trustees of Winthrop University is a body corporate. The Board may contract and be contracted with and may own, purchase, sell and convey property, both real, personal and mixed. S.C. Code Ann. § 59-125-70 (1990). Second, SCETV is permitted to lease or sell the use of its facilities, equipment, programs, publications and other program related materials on such terms as SCETV deems advantageous, and funds received therefrom shall be used for SCETV purposes. S.C. Code Ann. § 59-7-50 (1990). Finally, every sch9ol district is a body politic and corporate. In its corporate name, a school district may sue and be sued and is capable of contracting and being contracted with to the extent of its school fund. S.C. Code Ann. § 59-17-10 (1990). Since each of the entities cited in Mr. Griffin' s questions have the power to ~nter into contractual agreements and none are statutorily prohibited from entering into the type of agreement proposed by Mr. Griffin, it does not appear that the WOEC would be precluded from entering into a contractual agreement with SCETV. Further, it does not appear that the WOEC would be precluded from entering into a contractual agreement with the non-member public school districts to receive both an initial users fee and an annual users fee from the non-member public school districts. Finally, it does not appear that SCETY would be barred from entering into a contractual agreement with the nonmember public school districts. Therefore, in my opinion, the WOEC, through SCETV, is permitted to charge the non~member public school districts both an initial users fee and an annual users fee for use of the elementary Spanish program. This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as tu the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion.

The Honorable Robert W. Hayes, Jr.
Page 3
November 12, 1996

With kindest regards, I remain

/1 truly yours,
Id) A(,)
V

Paul M. Koch
Assistant Attorney General