entirely by public taxation and inspect and report on the sanitary condition of such institutions and the abatement and removal of garbage, refuse matter and nuisances which may prove prejudicial to the health of the pupils. It shall inquire into the purity of the water supply, the condition and efficient working of the drains, waste pipes, soil pipes and cesspools, the ventilation and lighting of the dormitories and lecture and study rooms of the buildings and the appliances in use for fire escapes. Whatever sanitary conditions or evils shall be found by the board of health to exist in or around the public colleges, seminaries or schools shall be reported by the secretary of the board of health to the trustees of such institutions, who shall take immediate steps to remedy the sanitary defects according to the rules and regulations prescribed by the board of health. [1952 Code sec. 32-81; 1942 Code sec. 5021; 1932 Code sec. 5032; Civ. C. '22 sec. 2342; Civ. C. '12 sec. 1598; Civ. C. '02 sec. 1104; R.S. 964; 1883 (18) 793; 1894 (21) 818.]

SEC. 32-82. Closing public and private schools during epidemics.—In case of the epidemic prevalence of contagions or infections and in order to prevent the spread of the same the board of health, by and with the consent of the city or town council, may order the schools, seminaries or colleges in such town or city, partially or entirely supported by public taxation, closed until such time as they may deem it safe to reopen them. The board of health may declare any epidemic or cause of ill health so injurious as to make it necessary to close any or all of the private schools in the limits of such city or town. [1952 Code sec. 32-82; 1942 Code sec. 5021; 1932 Code sec. 5032; Civ. C. '22 sec. 2342; Civ. C. '12 sec. 1598; Civ. C. '02 sec. 1104; R.S. 964; 1883 (18) 793; 1894 (21) 818.]

Affecting Schools and Teachers (title 32) (ch. 2).

SEC. 32-694. School pupils to be vaccinated or immunized.-No superintendent of any institution of learning and no school board or principal of any school in this State shall admit as a pupil any child or person who cannot produce satisfactory evidence of having been vaccinated or immunized so often as directed by the State Board of Health. [1952 Code sec. 32-694; 1942 Code sec. 5040; 1932 Code secs. 5012, 7363; Civ. C. '22 secs. 2323, 4495; Civ. C. '12 secs. 1582, 3061; 1905 (24) 869, 871; 1972 (57) 2767.]

SEC. 32-695. Prohibiting attendance of teachers or pupils with contagious or infectious diseases.-Any board of education, school trustees or other body having control of any of the schools may, on account of the prevalence of any contagious or infectious diseases or to prevent the spread of any such disease prohibit the attendance of any teacher or scholar upon any school under its control and may require a satisfactory certificate from one or more licensed physicians that such attendance is no longer a risk to others attending school. [1952 Code sec. 32-695; 1942 Code sec. 5032; 1932 Code sec. 5043; Civ. C. '22 sec. 2351; Civ. C. '12 sec. 1607; Civ. C. '02 sec. 1110; R.S. 965; 1883 (18) 292; 1972 (57) 2806.]

SEC. 32-696. Penalty for violation of sec. 32-694.-Any person failing to comply with or in any manner violating the provisions of sec. 32-694 shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars or imprisoned for not more than thirty days. [1952 Code sec. 32-696; 1941 Code sec. 5036; 1932 Code sec. 5047; Civ. C. '22 sec. 2355; Cr. C. '22 sec. 445; 1920 (31) 941; 1972 (57) 2767.]

Federal Aid

Special Types of Schools or Instruction;
Article 6-Vocational Training (ch. 15).

SEC. 21-691. State Board of Vocational Training; Federal act accepted.The State of South Carolina hereby accepts the provisions of an act of Congress entitled: "To Provide for the Promotion of Vocational Education; to

Provide for Cooperation with the States in the Promotion of Such Education in Agriculture and the Trades and Industries; to Provide for Cooperation with the States in the Preparation of Teachers of Vocational Subjects; and to Appropriate Money and Regulate Its Expenditure," and hereby designates and constitutes the State Board of Education as the South Carolina State Board of Vocational Training to cooperate with the United States Government in putting such law into operation. [1952 Code sec. 21-691; 1942 Code sec. 5394; 1932 Code sec. 5283; Civ. C. '22 sec. 2543; 1917 (30) 42.]

SEC. 21-695. Disbursement of such funds.-Moneys appropriated under the terms of this article shall be paid out upon the order of the State Board of Education, duly countersigned and approved by the secretary of the State Board of Education, and itemized vouchers shall be filed with the Comptroller General as in the case of other funds. [1952 Code sec. 21-695; 1942 Code sec. 5431; 1932 Code secs. 5617 to 5620; Civ. C. '22 secs. 2735 to 2738; 1919 (31) 49.]

SEC. 21-696. Use of such funds.-The State Board of Education may use the funds appropriated by this article for the payment of the salaries of teachers, supervisors or directors of vocational subjects, for the purchase of supplies and equipment to be used by vocational classes, for the maintenance of classes for training teachers of vocational subjects or for the administration of vocational education, including necessary supervision and clerical help. [1952 Code sec. 21-696; 1942 Code sec. 5431; 1932 Code secs. 5617 to 5620; Civ. C. '22 secs. 2735 to 2738; 1919 (31) 49.]

Pupils; Article 7-School Lunches (ch. 16).

SEC. 21-861. School lunch division in State Department of Education.-To continue and expand the lunch program in the public schools of the State, in cooperation with the Food Distribution Administration of the United States Government, or any similar agency, there shall be a school lunch division in the State Department of Education, to be directed by a State supervisor, appointed by the State Board of Education. Such division shall also employ a steno-clerk and a food consultant to plan meals and otherwise assist in the program and shall purchase all necessary and incidental office supplies. The salaries of the personnel herein provided for shall be fixed by the State Department of Education. [1952 Code sec. 21-861; 1943 (43) 286.]

SEC. 21-866. State's school lunch policy.—It is declared to be the policy of the State to receive and distribute such funds or food supplies as are available for the school lunch program or otherwise and to supervise and generally direct the program in the local schools. [1952 Code sec. 21-866; 1943 (43) 286.]

Miscellaneous

State Superintendent of Education (ch. 2).

SEC. 21-18. Display of U.S. and State Flags.-The State Board of Education shall make such rules and regulations, not inconsistent with the National Flag Code, for the display of the Flag of the United States of America and for the display of the Flag of the State at public schools. The person at the head of any public school in the State shall display the Flag of the United States and the Flag of the State at such times and at such places under such restrictions and rules as may be adopted by the State Board of Education.

SEC. 3. ***-No person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.

Education and School Lands (art. 8).

SEC. 16. No appropriation of lands, money or other property or credits to aid any sectarian school shall ever be made by the state, or any county or municipality within the state, nor shall the state or any county or municipality within the state accept any grant, conveyance, gift or bequest of lands, money or other property to be used for sectarian purposes, and no sectarian instruction shall be allowed in any school or institution aided or supported by the state.

Public Indebtedness (art. 13).

SEC. 1. For the purpose of developing the resources and improving the economic facilities of South Dakota, the state may engage in works of internal improvement, may own and conduct proper business enterprises, may loan or give its credit to, or in aid of, any association, or corporation, organized for such purposes. But any such association or corporation shall be subject to regulation and control by the state as may be provided by law. No money of the state shall be appropriated, or indebtedness incurred for any of the purposes of this section, except by the vote of two-thirds of the members of each branch of the legislature. ***

Tax Exemptions For Nonpublic Schools

Revenue and Finance (art. 11).

SEC. 6. The legislature shall, by general law, exempt from taxation, property used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes * * *

Miscellaneous

Corporations (art. 17).

SEC. 1. No corporation shall be created or have its charter extended, changed or amended by special laws, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state; but the legislature shall provide, by general laws, for the organization of all corporations hereafter to be created.

STATUTORY PROVISIONS

Education (title 13).

Approval/Supervision/Support

Department of Public Instruction (ch. 13.1).

SEC. 13-1-12. Policies for school classification and accreditation-Ensuring performance of statutory powers and duties.-The state board of education shall have the power and duty to formulate and prescribe such policies for execution by the executive officer of the state board as are necessary to: (1) Establish standards for classifying, approving and accrediting elementary, secondary, adult education, kindergarten, primary, and summer schools, both public and nonpublic;

(2) Ensure the performance of such powers and duties as assigned to it by statute. [Source: SL 1955, ch. 41, ch. 1, sec. 3; 1957, ch. 51, sec. 5, SDC Supp 1960, sec. 15-0803 (4).1

SEC. 13-1-25. General supervision of elementary and secondary schools.Subject to policies established by the state board, the superintendent of public instruction shall have general supervision over all elementary and secondary schools in the state. [Source: SL 1931, ch. 138, sec. 1; SDC 1939, sec. 15.0902; SL 1955, ch. 41, ch. 2, sec. 1; 1957, ch. 52, sec. 1; SDC Supp 1960, sec. 15.0901.]

SEC. 13-1-26. Examination and accreditation of schools by superintendent. It shall be the duty of the superintendent of public instruction to examine high schools and elementary grades connected therewith either in person or through an assistant, and accredit the high schools to institutions of higher learning. [Source: SL 1907, ch. 135, sec. 3; RC 1919, sec. 7386 (2); SL 1931, ch. 138, sec. 2; SDC 1939, sec. 15.0904 (2); SL 1955, ch. 41, ch. 2, sec. 5; SDC Supp 1960, sec. 15.0905 (7).]

Cross-Reference.-State general support foundation funds, accreditation required for receipt, sec. 13-13-18.

SEC. 13-1-27. Classification and approval of schools under board stan dards. It shall be the duty of the superintendent of public instruction to classify, approve, or accredit elementary, secondary, adult education, kindergarten, primary, and summer school education, both public and nonpublic,

under the standards as established by the state board of education. [Source: SL 1955, ch. 41, ch. 2, sec. 5; SDC Supp 1960, sec. 15.0905 (15).]

SEC. 13-1-28. Establishment and approval of state course of study and fields of instruction.-It shall be the duty of the superintendent of public instruction to prepare and submit for approval of the state board of education course guidelines and to promote their utilization. The state board of education shall have the power and duty to establish course of study guidelines and other learning options and approve all fields of instruction which may be given in the schools under the supervision of the division of elementary and secondary education. [Source: SL 1931, ch 138, sec. 3; SDC 1939, sec. 15.0903 (3); SL 1955, ch 41, ch 1, sec. 3; 1955, ch 41, ch 2, sec. 5, subd. 15; SDC Supp 1960, secs. 15.0803 (8), 15.0905 (14); SL 1974, ch 123, sec. 1.]

State Superintendent of Public Instruction (ch. 13.3).

SEC. 13-3-32. Visitation of schools required of superintendentImprovements and correction of deficiencies.-It shall be the duty of the state superintendent of public instruction to visit each public, private, or parochial school in the state as often as necessary; to correct any deficiency in the government of the school, classification of pupils, or methods of instruction, and to make suggestions as to the welfare of the school. The state superintendent shall keep a record of each school he visits. [Source: PolC 1877, ch. 40, sec. 13; SL 1887, ch. 47, sec. 32; CL 1887, sec. 1719; SL 1901, ch. 113, ch. 2, secs. 1, 12; RPolC 1903, secs. 2291, 2302; SL 1907, ch. 135, sec. 32; RC 1919, sec. 7424; SL 1931, ch. 138, sec. 16; SDC 1939, sec. 15.1007(1); SL 1951, ch. 47; 1955, ch. 41, ch. 4, sec. 8; SDCSupp 1960, sec. 15.1008(1); SL 1971, ch. 99, sec. 8.]

SECS. 13-3-33 to 13-3-41. Repealed by SL 1971, ch. 99, sec. 10.

SEC. 13-3-42. Supervision of common school districts and private schools-Functions of county auditor.-The state board of education is hereby authorized to provide for the necessary educational supervision of the schools and school personnel in the remaining common school districts and the private schools of such county, and the county auditor is hereby authorized and designated to act in such capacity when necessary for all other responsibilities, powers, duties, or activities of the county superintendent of schools or his office as provided in law except as may be otherwise specifically provided. [Source: SL 1967, ch. 55; 1973, ch. 84, sec. 1.]

Supervision of Private Schools (ch. 13.4).

SEC. 134-1. Conformity to state course of study required-Approval, supervision and visitation by state superintendent-Revocation of approval.— All private kindergartens and nursery schools and all private and parochial instruction accepted in lieu of public school instruction shall conform with the state course of study and must be approved by the state superintendent of public instruction, who shall exercise supervision over such schools and such instruction and shall exercise the right of visitation and inspection thereof. The superintendent may revoke his approval of such instruction at any time for failure to conform with state law. [Source: SL 1931, ch. 138, sec. 18; SDC 1939, sec. 15.1005; SL 1955, ch. 41, ch. 4, sec. 6; 1957, ch. 56, sec. 1; SDC Supp 1960, sec. 15.1006; SL 1971, ch. 100, sec. 1.]

SEC. 13-4-2. Attendance reports to state superintendent-Teachers to be certified. Such schools shall make all reports to the state superintendent of public instruction concerning attendance as are required of public schools, and no person shall be permitted to teach in any private school any of the branches prescribed to be taught in the public schools unless such person shall hold a certificate entitling him to teach the same branches in the public schools of this state. [Source: SL 1931, ch. 138, sec. 18; SDC 1939, sec. 15.1005; SL 1955, ch. 41, ch. 4, sec. 6; 1957, ch. 56, sec. 1; SDCSupp 1960, sec. 15.1006; SL 1971, ch. 100, sec. 2.]

SEC. 13-4-3. Appeal to courts from state superintendent's decision.— Any person aggrieved by any decision of the state superintendent in the exercise of the supervision provided for by this chapter may appeal to the courts. [Source: SL 1931, ch. 138, sec, 18; SDC 1939, sec. 15.1005; SL 1955, ch. 41, ch. 4, sec. 6; 1957, ch. 56, sec. 1; SDCSupp 1960, sec. 15.1006; SL 1971, ch. 100, sec. 3.]

SEC. 1344. Failure of private schoolteacher or officer to make required report as misdemeanor-Penalty-Disposition of fines.-Every school officer, teacher, or other person employed by any private school in this state who shall fail to make the state superintendent any report or reports concerning the attendance at such private school, and such reports as are required from public schools under any law of this state shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than twenty-five dollars nor more than one hundred dollars. All fines collected under this section shall be paid to the county treasurer and by him credited to the county general school fund. [Source: SL 1931, ch. 138, sec. 18; SDC 1939, sec. 15.9905; SL 1955, ch. 41, ch. 17, sec. 5; 1971, ch. 100, sec. 4.]

SEC. 13-4-5. Revocation of teacher's certificate for failure to make reports.-The violation described by section 134-4 shall also constitute sufficient grounds for revocation by the state superintendent of public instruction of any teacher's certificate held by such person. [Source: SL 1931, ch. 138, sec. 18; SDC 1939, sec. 15.9905, SL 1955, ch. 41, ch. 17, sec. 5.]

Compulsory Education

State Board of Education (ch. 13-1).

SEC. 13-1-24. Enforcement of truancy laws.-It shall be the duty of the superintendent of public instruction to enforce generally, either in person or by his authorized agent, the provisions of this title relative to truancy and the compulsory attendance at school of persons required to attend school. In the performance of such duties the state superintendent shall have the same power and privileges elsewhere in this title granted to truancy. [Source: SL 1931, ch. 138, sec. 282; SDC 1939, sec. 15.0904 (17); SL 1955, ch. 41, ch. 2, sec. 5; SDCSupp 1960, sec. 15.0905 (11).]

SEC. 13-1-30. Education of exceptional children.—It shall be the duty of the superintendent of public instruction to provide for the education of exceptional children and make rules and regulations governing such program as provided by law. [Source: SL 1955, ch. 41, ch. 2, sec. 5; SDCSupp 1960, sec. 15.0905 (13).]

School Term and Holidays (ch. 13-26).

SEC. 13-26-1. School year-Months, days and hours in school term.—The school year shall begin July first and end June thirtieth. A school term shall consist of at least nine months, a school month of twenty days, a week of five days, and a day of at least five and one-half hours, exclusive of intermissions. The time specified as a "school day" shall not apply below grade four. [Source: SL 1887, ch. 47, sec. 98; CL 1887, sec. 1784; SL 1901, ch. 113, ch. 8, sec. 1; RPolC 1903, sec. 2365; SL 1907, ch. 135, sec. 135; RC 1919, sec. 7653; SL 1931, ch. 138, sec. 253; SDC 1939, sec. 15.3002; SL 1949, ch. 58; 1955, ch. 41, ch. 12, sec. 8; SDCSupp 1960, sec. 15.3008.]

SEC. 13-26-2. Number of days required in school term.-The school board shall operate the schools for at least a nine month regular term in any one school year. Such regular school term shall consist of school actually in session for a minimum of one hundred and seventy-five days provided, however, that the days in session plus days of legal school discontinuance need not exceed one hundred and ninety days. [Source: SL 1931, ch. 138, sec. 254; SDC 1939 sec. 15.3003, ch. 41, ch. 12, sec. 9; SDCSupp 1960, sec. 15.3009; SL 1963, ch. 83.]

SEC. 13-26-3. Legal discontinuance of school-Holidays-Teacher's meetings-Closing because of weather or disease.-School shall be legally discontinued only in the event that the following days occur on a regularly scheduled

school day: the day designated as Memorial Day, the fourth of July, any day designated by the Governor of South Dakota as a day of Thanksgiving, the twenty-fifth of December, the day or days of teachers' institutes, days when school is closed by the board of an election held in the schoolhouse, days when school is closed for teachers to attend the annual meeting of the South Dakota Education Association, Labor Day and Veterans' Day, Good Friday, and the Friday following Thanksgiving and the days when the school board closes the school because of inclement weather or contagious disease. [Source: SL 1955, ch. 41, ch. 12, sec. 10; SDCSupp 1960, sec. 15.3010; SL 1971, ch. 115.]

SEC. 13-26-5. Make-up time.-No school may make up time by lengthening the school day. Such time must be made up by teaching additional days. [Source: SL 1955, ch. 41, ch. 12, sec. 9; SDCSupp 1960, sec. 15.3009; SL 1963, ch. 83.]

Compulsory School Attendance (ch. 13-27).

SEC. 13-27-2. Attendance excused by school board.-School boards of all school districts shall have authority to excuse a child from school attendance for the reasons set forth in sections 13-27-3 to 13-27-6, inclusive. [Source: SL 1931, ch 138, sec. 277; SDC 1939, sec. 15.3202; SL 1955, ch 41, ch 15, sec. 2; 1971, ch 116, sec 1.]

SEC. 13-27-3. Child excused if otherwise taught by competent personEnglish language-Examinations and reports of child's work.-A child may be excused from school attendance, pursuant to section 13-27-2, because the child is otherwise instructed by a competent person for a like period of time in the branches commonly taught in the public schools. All such instructions shall be given so as to lead to a mastery of the English language. The state superintendent shall be the judge as to the competency of such instruction and the child so instructed shall take such examination as the state superintendent may require, and reports covering his work shall be filed with the state superintendent in such form and as often as that officer may require. [Source: SL 1887, ch 47, sec. 104; CL 1887, sec. 1790; SL 1901, ch 113, ch 7, sec. 1; RPolC 1903, sec. 2359; SL 1907, ch 135, sec. 148; 1915, ch 170; 1917, ch 213, sec. 1; 1918 (SS), ch 41; RC 1919, sec. 7642; SL 1931, ch 138, sec. 277; SDC 1939, sec. 15.3202 (2); SL 1955, ch 41, ch 15, sec. 2; 1971, ch 116, sec. 2.]

Cross-Reference.-Private schools to make attendance reports to county superintendent, sec. 13-4-2.

SEC. 13-27-4. Child excused because of physical or mental conditionDoctor's certificate.-A child may be excused from school attendance, pursuant to sec. 13-27-2, because the physical or mental condition of the child is such as to render his attendance at school unsafe, impracticable, or harmful either to such child or to others. The existence of such condition is evidenced by the certificate of a reputable physician, dentist, or other person who may lawfully treat sickness or disease under the laws of the state, or by the certificate of a psychologist employed by the state commission for the mentally retarded. [Source: SL 1887, ch. 47, sec. 104; CL 1887, sec. 1790; SL 1901, ch. 113, ch. 7, sec. 1; RPolC 1903, sec. 2359; SL 1907, ch. 135, sec. 148; 1915, ch. 170; 1917, ch. 213, sec. 1; 1918 (SS), ch. 41; RC 1919, sec. 7642; SL 1931, ch. 138, sec. 277; SDC 1939, sec. 15.3202 (3); SL 1941, ch. 66; 1955, ch. 41, ch. 15, sec. 2; impl am SL 1959, ch. 172, sec. 1 (SDCSupp 1960, sec. 30.0403.]

SEC. 13-27-5. Child excused because mentally or physically defectiveAction for commitment of blind, deaf or mentally retarded child to state institution.-A child may be excused from school attendance, pursuant to sec. 13-27-2, because the child, as declared by a reputable physician, is mentally or physically defective and cannot receive proper instruction in the common schools, in which case, suitable provision shall be made for the instruction or training of such child by a private instructor or an institution adapted to the instruction and training of such defectives. In the event that a blind, deaf, or mentally retarded child is not given such instruction, it shall be the duty of the

truancy officer to institute action in the county court for the commitment of such child to the state institution maintained for such defective, unless such child be excused from attendance by the superintendent of such institution. [Source: SL 1931, ch. 138, sec. 277; SDC 1939, sec. 15.3202 (4); SL 1955, ch. 41, ch. 15, sec.2.]

SEC. 13-27-11. Failure to send child to school as misdemeanor-PenaltyDisposition of fines.-Any person having control of a child of compulsory school age who fails to cause such child to attend school as required by the provisions of this title, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars for the first offense. For each subsequent offense, he shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisonment in the county jail for not more than thirty days or both such fine and imprisonment, in the discretion of the court, and shall stand committed until such fine and costs are paid. Such fine shall be paid to the county treasurer and by him credited to the school fund of the county in which the convicted person resides. [Source: SL 1887, ch. 47, sec. 105; CL 1887, sec. 1791; SL 1901, ch. 113, ch. 7, sec. 1; RPolC 1903, sec. 2359; SL 1931, ch. 138, sec. 281; SDC 1939, sec. 15.9915; SL 1955, ch. 41, ch. 17, sec. 14; SDCSupp 1960, sec. 15.9914.]

SEC. 13-27-12. Enforcement powers and duties of superintendent of public instruction.-The superintendent of public instruction, or his authorized agent, is hereby charged with the general enforcement of the provisions of this chapter, as well as all laws of this state relating to compulsory attendance of persons of school age, and in the performance of such duties shall have the same powers and privileges herein granted to truancy officers. [Source: SL 1931, ch. 138, sec. 282; SDC 1939, sec. 15.3207; SL 1955, ch. 41, ch. 15, sec. 7.]

SEC. 13-27-14. Truancy officer employed by district-Duties-President of board acting where no officer employed.-The school board of each school district shall each year appoint and provide for the remuneration of a truancy officer, whose duty it shall be, under the direction of such board, to enforce the compulsory attendance laws within such district. In any school district which shall fail to provide such truancy officer, the president of the school board shall act as truancy officer and shall be held responsible for the enforcement of the compulsory attendance laws within such school district. [Source: SL 1931, ch 138, sec. 276; SDC 1939, sec. 15.3205; SL 1955, ch 41, ch 15, sec. 5; 1971, ch 116, sec. 7.]

SEC. 13-27-16. Warnings by teachers and school boards to send children to school-Report to truancy officer.-It shall be the duty of teachers and members of school boards to warn parents or persons in control of children of compulsory school age to cause such children to enter school and attend regularly, and to report them to the truancy officer for such district if such warning is not heeded, and all school officers, superintendents, and teachers shall co-operate in the enforcement of the school attendance laws. [Source: SL 1931, ch. 138, sec. 278; SDC 1939, sec. 15.3203; SL 1955, ch. 41, ch. 15, sec. 3.]

Attendance Privileges and Tuition (ch. 13-28).

SEC. 13-28-1. Legal school age.-Every child who, before the first day of November in any year, shall have attained the age of five years and who has not attained the age of nineteen years, shall be deemed to be of legal school age. [Source: SDC 1939, sec. 15.2032; SL 1939, ch. 40; 1953, ch. 55, sec. 4; 1955, ch. 41, ch. 12, sec. 2; SDCSupp 1960, sec. 15.3002; SL 1971, ch. 117, sec. 1.]

SEC. 13-28-2. Minimum age for enrollment in kindergarten and first grade-Nursery school.-No child shall be enrolled in kindergarten who is not of legal school age, and said child shall first become eligible for enrollment in the first grade one year thereafter.

Any child under the age of five shall be eligible for admittance to a nursery school. [Source: SDC 1939, sec. 15.2032; SL 1939, ch. 40; 1953, ch. 55, sec.