STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
May 24, 1974
Dr. Don Barnhart, State Superintendent
Division of Elementary and Secondary Education
Department of Education and Cultural Affairs
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 74-18
Exceptional children eligible to attend private workshop and vocational school during the summer.
Dear Dr. Barnhart:
You have submitted the following factual situation:
Student "A" is a 19 yeas old resident of school district "W." For the past six years student "A" has been attending special education classes in school district "Y." School district "W" has been paying tuition, board and room, and transportation for student "A" while he attended school district "Y." The parents of student "A" now wish to have student "A" attend a private workshop and vocational school during the summer.
You have requested an official opinion on the following specific question:
Is school district "W" obligated to pay tuition, board and room and transportation for student "A" while he is in attendance during the summer at the private workshop and vocational school?
SDCL 13-37-1 reads as follows:
As used in this chapter, unless the context otherwise requires, "exceptional children" means all children under the age of twenty-one years who are residents of the state of South Dakota and who, because of their physical or mental conditions, are not adequately provided for through the usual facilities and services of the public school.
SDCL 13-37-2 reads as follows:
As used in this chapter, unless the context otherwise requires, "special education" means classroom services and auxiliary services provided exceptional children pursuant to the provisions of this chapter and shall include school instruction conforming as nearly as possible to the established state court of study under duly qualified special education teachers or other necessary services, or both, to the extent that the exceptional child is capable of profiting by specialized instruction.
SDCL 13-37-3 reads as follows:
As used in this chapter, unless the context otherwise requires, "vendor" means a school district, individual, or private nonprofit institution which furnishes facilities or services, or both, for the special education of exceptional children.
SDCL 13-37-14.1 reads as follows:
It shall .be the responsibility of the governing board of a school district to provide all of its resident exceptional children with an appropriate educational program. The placement of an exceptional child in an appropriate educational program which is operated jointly with other school districts shall constitute the provision of an appropriate educational program. The placement of an exceptional child with the approval of the department into an appropriate educational program in cases where it is unreasonable for the resident school district to provide the program shall constitute the provision of an appropriate educational program for that exceptional child.
SDCL 13-37-8.7 reads as follows:
Tuition for exceptional children who are assigned by the division to attend a private school or institution for special education shall be at the legal rate of tuition as provided by state law for secondary schools regardless of the classification of an exceptional child. Such tuition shall be paid from the special education fund of the district wherein the exceptional child has school residence.
SDCL 13-37-8.8 reads as follows:
The costs of maintenance, including both board and room, shall be provided by the district wherein the exceptional child has school residence and shall not exceed three dollars per day per child and shall be paid from that district's special education fund.
SDCL 13-37-8.9 reads as follows:
Where appropriate transportation is not provided by the school district, any exceptional child, when legally assigned, shall be eligible for necessary transportation at seven cents per mile not to exceed six hundred dollars per fiscal year. The district wherein an exceptional child has school residence shall pay the transportation expenses from the district's special education fund.
The above three statutes were amended by Chapter 36 Session Laws of 1974 (HB 806) and such amendments will become effective July 1, 1974. Please check these amendments for the new rates that will be applicable July 1, 1974.
Based on the above statutes, it is my opinion that the answer to your specific question is YES.
Respectfully submitted,
Kermit A. Sande
Attorney General
