STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

October 14, 1968

E. F. Wilkinson
State's Attorney, Kingsbury County
De Smet, South Dakota 57231

OFFICIAL OPINION NO. 68-37

Boundary Changes

Dear Mr. Wilkinson:

You have requested an opinion based upon the following factual situation:

"Recently the undersigned, as State's Attorney of Kingsbury County, South Dakota, was requested by the Kingsbury County Board of Education to advise the Board whether they could rescind action taken by the previous Board, which operated prior to the recent election changing the composition of the Board.

"In February of 1968, the Board at that time approved a minor boundary change under the 5% rule, SDC 15.2017, authorizing an elector to transfer a half section of his property to an adjacent school district, effective July 1. 1969; whereupon, this taxpayer commenced tuitioning his student to the district to which his property will be assigned on July 1, 1969. It is my understanding that the new board wants to rescind the action taken by the Board in February of this year. Their question is this, can they change the effective date to July 1st, 1968, to avoid the taxpayer paying tuition to the district to which his student is now attending, or if the Board elects to rescind the entire action on their own initiative, without Petition from any party, is this permissible?

"Lastly, is there any way that a School District, from which the property is to be removed, can be compelled to make payment of the tuition to the adjacent district under 15.3302?"

SDC 1960 Supp. 15.2017, as last amended by Chapter 45, Session Laws of 1965 sets forth the statutory procedure for making a boundary change of a school district. I am unaware of any statute that authorizes a county board of education to rescind its action, once they have approved a boundary change. It is my opinion that once the county board acts on and approves a minor boundary change, then the only recourse is an appeal of that decision under the appeal statutes and after the period of appeal has passed, then such boundary change becomes final.

It is also my opinion that the county board of education can only effect a boundary change upon the presentation of a petition initiating such boundary change and that they have no authority to initiate such action on their own.

In answer to your last inquiry, it is my opinion that the requirement for paying tuition is as provided in SDC 1960 Supp. 15.3302, as amended.

Respectfully submitted,

Frank L. Farrar
Attorney General