March 1, 1976
Representative Linda Lee Miller
2808 South Kiwanis
Sioux Falls, South Dakota 57105
OFFICIAL OPINION NO. 76-27
School districts may schedule and hold school on Saturdays.
Dear Representative Miller:
You have requested an opinion in regard to the following matter:
A problem exists in regard to some school boards who are attempting to make Saturdays school days in their calendars. My specific question is whether a school board may schedule classes on Saturday? I specifically refer to SDCL 13-26-1, which would appear to limit the holding of classes to five days a week.
SDCL 13-26-1 reads as follows:
The school year shall begin July first and end June thirtieth. A school term shall consist of at least nine months, a school month of twenty days, a week of five days, and a day of at least five and one half hours, exclusive of intermission. The time specified as a "school day" shall not apply below grade four.
SDCL 13-26-2 reads as follows:
The school board shall operate the schools for at least a nine month regular term in anyone school year. Such regular school term shall consist of school actually in session for a minimum of one hundred and seventy-five days provided, however, that the days in session plus days of legal school discontinuance need not exceed one hundred ninety days.
SDCL 13-26-1 provides in part that the school year shall consist of five day weeks. This provision, in my opinion, would not permit school to be held for more than five days in anyone week. If the School Board were to decide, however, to include Saturday as one of the five days per week to hold school on they could legally do so.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:GOH:dk
