STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

July 12, 1974

Senator Rodney Hall
Fulton, South Dakota 57340

OFFICIAL OPINION NO. 74-29

Classroom unit computation includes only public school pupils.

Dear Senator Hall:

You have requested an opinion on the following question:

On the basis of 13-13-21, must the Division of Elementary and Secondary Education include the average daily membership of pupils in private schools as well as the average daily membership of pupils enrolled in public schools within the school districts in the computation of classroom units.

SDCL 13-13-21 reads as follows:

The number of classroom units to which a school district operating schools within the district is entitled for the purpose of distributing the state general support and the equalization support funds to such district shall be determined by:

Multiplying the average daily membership of the pupils enrolled in the schools operated in the school district during the previous school fiscal year as indicated in column one of § 13-13-22 or § 13-13-23 by the multiplicand indicated in column two in §13-13-22 or 13-13-23, plus the amount indicated in column three of §13-13-22 or §13-13-23.

Computations shall be determined to the nearest thousandth decimal place.

SDCL 13-13-21.1 reads as follows:

The number of classroom units to which a school district contracting for educational services with a school district in another state under the provisions of SDCL 13-15-11 through 13-15-14 is entitled for the purpose of distributing the state general support and equalization support funds to such district shall be determined by:

Multiplying the ratio of the average daily membership of the pupils educated under contract with school districts in another state for the previous school fiscal year to the upper limit of the average daily membership of the range in which the average daily membership for this category of pupil falls as indicated in column one in § 13-13-22 or § 13-13-23 by the number of classroom units prescribed for the upper limit of said range as determined for school districts operating schools within the district.

Computations shall be determined to the nearest thousandth decimal place.

It is clear that SDCL 13-13-21.1 relates specifically to pupils enrolled in public schools. Therefore, it would be inconsistent if SDCL 13-13-21 included both private and public school pupils. It is my opinion that the Division of Elementary and Secondary Education is only required to include public school pupils in computation of classroom units under the above statutes.

Respectfully submitted,

Kermit A. Sande
Attorney General

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