STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
September 24, 1973
James Deam, Secretary
Education and Cultural Affairs
State Capitol Building
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 73-33
Definition of the term "contract year" as used in SDCL 13-8-39.1.
Dear Mr. Deam:
You have requested an opinion as follows:
SDCL 13-8-39.1 (Chapter 102, Session Laws 1973) reads as follows:
A school board shall not establish a mandatory retirement age below sixty-five and shall permit the teacher to complete the contract year in which he became sixty-five years of age.
With reference to the above statute your opinion is requested on the following questions:
1. What does the phrase "contract year" mean?
2. Does this statute alter, amend or modify the requirements of a notice to terminate a contract under the provisions of what is known as the continuing contract statute?
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 intermissions. The time specified as a "school day" shall not apply below grade four.
SDCL 13-43-4 reads as follows:
A teacher shall be employed only upon written contract signed by the teacher and, in common school districts, by at least two members of the board, and in independent school districts by the president and clerk of the board.
SDCL 13-43-6 reads as follows:
The contract shall specify the date at or about which the school shall begin, the term of employment, the wages per month, and the time of payment thereof; such contract shall be signed in duplicate and one copy filed in the office of the clerk and the other retained by the teacher. Such contract may be issued covering any period of years over which a teacher holds a certificate which will remain valid without renewal.
valid without renewal.
SDCL 53-1-1 reads as follows:
A contract is an agreement to do or not to do a certain thing.
SDCL 53-10-1 reads as follows:
An executed contract is one, the object of which is fully performed. All others are executory.
In the normal course of events most teachers enter into a contract in March and April with provisions for the contract to be executed over a given period of time, usually coinciding with all or part of the school term of the next school year.
In answer to your specific question No.1 and based on this normal procedure, it is my opinion that the phrase "contract year" as used in SDCL 13>-8-39.1 means the term of employment set forth in the contract that the teacher is required to execute. When the 65th birthday of a teacher falls within the executionary period, such teacher shall be entitled to fulfill the terms of employment of the contract.
The continuing contract statutes are found in SDCL 13-43-9 through SDCL 13-43-13 and in answer to your specific question No.2, it is my opinion that SDCL 13-8-39.1 does not alter, amend or modify the continuing contract statutes and that notice and procedures required by the continuing contract statutes will still be required for the termination of a teacher's contract after age 65.
Respectfully submitted,
Kermit A. Sande
Attorney General
