STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
March 4, 1970
Dr. Gordon A. Diedtrich
State Superintendent
Department of Public Instruction
Pierre, South Dakota
OFFICIAL OPINION NO. 70-8
Payment of state aid to independent school districts; average daily membership of dual enrolled students
Dear Dr. Diedtrich:
I have your request for an official opinion which request is stated verbatim as follows, along with the questions submitted therewith:
AGR 1967-68, P 335, provides that dual enrolled students who attend a public school for a portion of the school day and a non public school for the other portion of the school day cannot be counted by the school district for that portion of the school day wherein they are a member of the public school in the distribution of state aid funds, under the provisions of chapter 13-13 as amended by SL 1969, Ch 44, because of the definition of average daily membership adopted by the State Board of Education in effect at the time such opinion was rendered.
Because of the above indicated opinion of the Attorney General, the State Board of Education revised its definition of average daily membership effective July 1, 1969, to include such dual enrolled students as a part of the average daily membership for distribution of state aid funds for that prorated portion of the school day such students attend the public school. See definition of average daily membership adopted by the State Board of Education to be effective July 1, 1969, as it appears in the current South Dakota Dictionary of Educational Terms, Bulletin No. 7-126, attached.
1. Is the school district now eligible to include the average daily membership of dual enrolled children in the distribution of state aid funds for that prorated portion of the school day they spend in the public school?
2. Are dual enrolled children eligible for the $20 state aid payment for transportation purposes as provided by sections 13-31-1 through 13-31-7, which is also computed on the basis of average daily membership?
Both questions are answered in the AFFIRMATIVE.
Questions 8 through 11 in the Attorney General's opinion referred to, 1967-68 AGR 335 and the answers are pertinent to your request and are quoted as follows:
8. Must state aid for dual enrolled students be computed on the basis of a full day of membership or on the prorated portion of the day spent in the public school under the provisions of SDC 1960 Supp. 15.2246 as amended by Ch. 77, 1963, and as provided by Ch. 65, 1965 Session Laws. Does the 'Average Daily Membership' as provided by SDC 1960 Supp. 15.3305 apply in the application of the formulas for state aid in the statutes referred to in this question?
9. Is a resident dual enrolled student entitled to the same transportation privileges at school district expense as other public school resident students?
10. May the State Board of Education establish policies relative to dual enrollment with which all school district boards must comply who wish to permit dual enrollment?
11. Maya school district board establish policies in the absence of State Board of Education policies or in addition to State Board of Education policies with which a dual enrolled student must comply to show that such student is attending the public school for educational purposes and not as a subterfuge to obtain transportation privileges at school district expense?
In answer to Question No.8, that opinion states:
It is my opinion that for the purposes of state aid under the provisions of SDC 1960 Supp. 15.2246 as amended by Ch. 77 SL of 1967 the term 'average daily membership' means only those students who are members of the school on a full time basis. Therefore, all dual enrolled students should be excluded from the computation.
The above quoted opinion is based upon the definition of "average daily membership" as it appeared in the South Dakota Dictionary of Educational Terms as it appeared on the date of the opinion which was September 29, 1967.
The answer to Question No. 9 in that opinion was YES, as long as the students were members of the class or classes of the public school.
The opinion also was to the effect that No. 10 should be answered that the State Board of Education has authority under the provisions of SDC 1960 Supp. 15.08 as amended to establish policies relating to dual enrollment, provided such policies fall within the statute relating thereto and the limitations set forth.
Question No. 11 was answered YES.
The definition of "average daily membership" was changed by the State Board of Education to be effective July 1, 1969, and appears in the current South Dakota Dictionary of Educational Terms both in No. 7-126 as follows:
AVERAGE DAILY MEMBERSHIP, ADM-In a given school fiscal year, the average daily membership is the sum of the aggregate days of membership for the regular and all special terms divided by the number of days in the regular school term.
Example of computation of average daily membership:
Regular term: Assume that during the regular school term there are 175 days in session and 10 days of legal school discontinuance and that of the 500 persons enrolled during such regular school term of 185 days the number of days or portions of days present plus the number of days or portions of days absent plus the days of legal school discontinuance of the entire membership totaled 87,875. The average daily membership for such regular term would be 87,875 divided by 185 = 475 average daily membership.
Special terms: Assume a school offers several different classes or programs during a summer session. The pupils participating in the classes may attend for different portions of a school day and for varying numbers of days. The following examples are cited to show how to calculate the aggregate days of membership:
1. A driver education class of 30 pupils meets for 30 days but meets for .20 of a minimum school day each day.
2. A remedial reading class of 20 pupils meets for 35 days but meets .40 of each minimum school day.
3. A group of 60 pupils meets for 20 days for a minimum school day of 51 hours (1.00),
4. A special education class of 10 pupils meets for 40 days but for half a minimum school day each day (.50).
In each case the aggregate number of days of membership for each group would be determined by multiplying the number of pupils times the number of different days the group met times the portion of a minimum school day in which they met each day.
1. (30) x (30) x (0.20) = 180 days aggregate membership.
2. (20) x (35) x (0.40) = 280 days aggregate membership.
3. (60) x (20) x (l.00) = 1200 days aggregate membership.
4. (10) x (40) x (0.50) = 200 days aggregate membership
______
1860 days aggregate membership for total summer session
To convert the aggregate number of days of membership for the special terms into equivalent days of membership for the regular term, divide the total aggregate days of membership for the special terms by the number of days in the regular school term. Thus 1860 divided by 185 equals 10.05 ADM.
Add the converted average days of membership for the special terms to the average daily membership for the regular term to obtain the average daily membership for the school fiscal year (475 + 10.05 = 485.05).
Therefore, we now conclude and are of the opinion that a school district is now eligible to include the average daily membership of dual enrolled children in the distribution of state aid funds for that pro rated portion of school day they spend in public school on the basis of the formula set out in the revised definition of "average daily membership."
With respect to Question No.2, if the children are entitled to transportation, as previously held, then in our opinion it naturally follows that the $20 state aid payment for transportation purposes as provided by Section 13-31-1 through 13-31-7 should also be computed on the basis of average daily membership.
Respectfully submitted,
Gordon Mydland
Attorney General
