STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 13, 1973

Don Barnhart
State Superintendent of Public Instruction
State Capitol Building

Pierre, South Dakota 57501

OFFICIAL OPINION NO. 73-30

School district obligated to provide an educational program for exceptional children under the age of five years.

Dear Dr. Barnhart:

You have requested an opinion as follows:

Based on recent opinions relating to special education programs, your opinion is requested on the following question:

Is a school district obligated to provide an educational program for exceptional children who are under the age of five years?

In Official Opinion No. 73-9, issued April 5, 1973, you asked the following question:

What is the youngest age that a school district is obligated under current statutes to provide an appropriate educational program for an exceptional child?

In response to this question various statutes were cited, including SDCL 13-8-1 and in answer to your question I stated that: it was my opinion that the current statutes do not provide a minimum age for which a school district is obligated to provide an appropriate educational program for an exceptional child.

SDCL 13-8-1 has been amended by Chapter 86, Session Laws 1973 (Senate Bill 91) effective July 1, 1973, to read as follows:

The school board is an elected body created according to the laws of the state to serve as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing within the school district.

Based on the opinion set forth in Official Opinion No. 73-9, it is my opinion that the answer to your specific question is YES.

Respectfully submitted,

Kermit A. Sande
Attorney General