STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

September 6, 1974

Dr. Don Barnhart, State Superintendent
Division of Elementary and Secondary Education
State Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-38

Paying maintenance and mileage for exceptional children

Dear Dr. Barnhart:

You have submitted the following factual situation:

"X" school district has an exceptional child attending a facility for exceptional children. The facility charges school district "X" for maintenance including both board and room as provided by SDCL 13-13-8.8 for each calendar day of the month. Several times during the month, the parents of the exceptional child transport the child home on Friday after school and return the child on Monday morning before school starts. The parents are paid mileage under SDCL 13-37-8.9.

You have requested an opinion on the following question:

Is the school district “X” obligated to pay for maintenance including board and room to the facility for those days the child is home with the parents?

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 five 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 the rate per mile set forth in § 13-30-3, provided however, that the maximum shall be twice the dollar limitation set forth in § 13-30-3. The district wherein an exceptional child has school residence shall pay the transportation expenses from the district's special education fund.

It is recognized that facilities that provide maintenance including board and room must provide such services seven days a week when exceptional children are enrolled in such facilities, therefore a majority of the cost of providing such services continues when the child is home for the weekend. It is also recognized that when a school district is paying maintenance including board and room for seven days a week that the payment of mileage for the child to return home for the weekend creates extra obligation on the school district.

It is my opinion that a reasonable number of weekend visits to the home should be an obligation of the school district and when the number of weekend trips home exceeds the number established by the school district, that any mileage claim for such trips be declared as unnecessary and no mileage be paid for such trips.

Respectfully submitted,

Kermit A. Sande
Attorney General

KAS:GOH:mjh