A child may be considered a student regularly attending a school or training course if:
(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) 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) 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.
S.D. Admin. R. 67:12:01:21
SL 1975, ch 16, § 1; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 51 SDR 052, effective 11/11/2024General Authority: SDCL 28-6-1.
Law Implemented: SDCL 28-6-1.