February 10, 1976
Mr. Thomas C. Todd, State Superintendent
Elementary and Secondary Education
Dept. of Education and Cultural Affairs
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 76-20
The phrase "in a school district" as used in SDCL 13-43-9.1 means the school district of current employment
Dear Mr. Todd:
You have requested an opinion based upon the following factual situation:
SDCL 13-43-9.1 as last amended by Chapter 139, Session Laws of 1975, reads in part as follows:
On or before the third Monday in March, the school board shall notify in writing a teacher who is in or beyond the third full term of employment in a school district of its intent not to renew the teacher's contract. . . . (Emphasis supplied.)
See SDCL 13-43-10 for the former wording of this requirement.
Based upon the above factual situation you ask:
Does the phrase "in a school district" refer to the school district of current employment or does it mean that employment in any school district could be counted in order to meet the requirement?
SDCL 13-43-10, prior to changes made in school laws by Chapter 128, Session Laws of 1975 (H.B. 700) and Chapter 139, Session Laws of 1975, read in part as follows:
Any teacher who has been employed by any board of education of any school district in this state for at least two successive years shall be notified in writing by the board of education on or before the first day of April of the current year. . . . (Emphasis supplied.)
When the Legislature amended sections 13-43-9.1 and 13-43-10 by Chapter 139 of the Session Laws of 1975, they removed the phrase "of any school district" which had formerly caused problems in interpretation. That legislative change in 1975 was presumably made in part to clarify the language you refer to.
It is my opinion that the 1975 legislative changes referred to above clearly show that the term "in a school district" in SDCL 13-43-9.1 does not mean "any school district." When reorganization under Chapter 13-6 is involved, however, the views expressed in Memorandum Opinion No. 76-6, a copy of which is hereto attached and incorporated by reference, would apply.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
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