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Attorney General Marty Jackley

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OFFICIAL OPINION NO. 72-37, School may be scheduled on any holiday but not on any day designated as a day of legal discontinuance

STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 17, 1972

Mr. Rodney Hall
South Dakota State Senator
Fulton, South Dakota 57340

OFFICIAL OPINION NO. 72-37

School may be scheduled on any holiday but not on any day designated as a day of legal discontinuance

Dear Mr. Hall:

You have asked for an official opinion on the following question:

Maya school district schedule public elementary and secondary classes on a South Dakota legal holiday and require that students, teachers and other employees be present on such a day?

The general holiday law is contained in SDCL 1-5-1, which enumerates the days which shall be observed in this state as legal holidays.

The school holiday law is contained in SDCL 13-26-3, which provides that certain enumerated holidays shall be days of legal discontinuance. The general holiday law contains some holidays not listed in the school holiday law, and the school holiday lists certain days which qualify as days of legal discontinuance which are not general holidays.

The legislative effect of declaring a day to be a legal holiday does not attach any particular significance to that date in the absence of other legislation. For example, the fact that: liquor may not be sold on certain holidays, or that state offices are closed on legal holidays, or that banks must close on certain holidays, is due to the fact that there is specific legislation prohibiting these acts from being performed on holidays.

Without specific legislation to the effect that schools must be closed on legal holidays, there is no prohibition from scheduling schools on such days. But such legislation is contained in SDCL 13-43-7(4):

The teacher shall not hold school upon any days said school was legally discontinued;

In lieu of these provisions, it is my opinion that school may not be held on holidays listed in SDCL 13-26-3 (Days of Legal Discontinuance) but school may be held on a holiday listed in SDCL 1-5-1 (General Holiday Law) if such holiday is not a Day of Legal Discontinuance.

Respectfully submitted,

Gordon Mydland
Attorney General