STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

June 12, 1973

Don Barnhart
State Superintendent of Public Instruction
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 73-16

Teachers' institutes as days of legal discontinuance.

Dear Dr. Barnhart:

You have submitted the following factual situation:

SDCL 13-26-3 is the statute which sets forth the days of legal discontinuance for school districts. Included in this statute is the phrase "the day or days of teachers' institutes." The statute providing for teachers' institutes is SDCL 13-44 and this chapter is being repealed by Chapter 93, Session Laws 1973 (Senate Bill 122), effective July 1, 1973; therefore, after July 1, 1973 the only statutes that will refer to teachers' institutes will be SDCL 13-26-3 and SDCL 13-43-8.

Based on the factual situation, you have requested an opinion on the following questions:

1. Can the days of preschool teacher meetings called by superintendents of the board of education of an independent school district be designated as days of legal discontinuance?

2. Can the days of in-service training for teachers during the school term approved by the local superintendent and board of education be designated as either days in session or days of legal discontinuance?

SDCL 13-26-3 reads as follows:

School shall be legally discontinued only in the event that the following days occur on a regularly scheduled school day; the day designated as Memorial Day, the fourth of July, any day designated by the Governor of  South Dakota as a day of Thanksgiving, the twenty-fifth of December, the day or days of teachers' institutes, days when school 1s dosed by the board for an election held in the school house, days when school is closed for teachers to attend the annual meeting of the South Dakota Education Association, Labor Day and Veterans' Day, Good Friday, and the Friday following Thanksgiving and the days when the school board closes the school because of inclement weather or contagious disease. (Emphasis supplied)

SDCL 13-44 sets forth the specific provisions for conducting teachers' institutes and such institutions were primarily for common school districts. It is my opinion that reference to teachers' institutes in SDCL 13-26-3 and the procedure for holding such institutes set forth in SDCL 13-44 had a direct relationship and, therefore, it is my opinion that upon the repeal of SDCL 13-44, effective July 1, 1973, there will be no authority for having days designated as institutes as being days which will qualify as days of legal discontinuance. The answer to your specific question #1 is, NO.

With reference to your Question #2, SDCL 13-26-4 as amended by Chapter 94, Session Laws 1973 (House Bill 718) will read, effective July 1, 1973, as follows:

A school district may have teacher-parent conferences during the school year and not to exceed five such days may be considered as days in session.

This is the only statute that provides for certain days to be considered days in session other than regular school days; therefore, based on my opinion on Question #1, it is my opinion that the answer to Question #2 is, also, NO.

Respectfully submitted,

Kermit A. Sande
Attorney General