A child may be considered a student regularly attending a school or training course if:

1. (1) The child is enrolled in and physically attending a full-time program of study or training leading to a certificate, diploma, or degree, as certified by the school or institute attended;
2. (2) The child is enrolled in and physically attending at least half-time a program of study or training leading to a certificate, diploma, or degree, as certified by the school or institute attended, and is regularly employed in or available for and actively seeking part-time employment; or

3. (3) The child is enrolled in and physically attending at least half-time a program of study or training leading to a certificate, diploma, or degree, as certified by the school or institute attended, and is precluded from full-time attendance or part-time employment because of a verified physical disability.

   A child is considered in regular attendance in the months when the child is not attending because of official school or training program vacation if there is an intent and a plan to attend an educational institute within the next three months and in the months when the child is unable to attend because of illness, convalescence, or family emergency. A child is also considered in regular attendance for the month the child discontinues school or the training program.

Source: SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective July 1, 1981 ; 51 SDR 52, effective November 11, 2024 .

General Authority: SDCL 28- 6-1 .

Law Implemented: SDCL 28- 6-1 .

Prior versions effective: 1981-07-01.