In the late 1970s, could a South Dakota National Guard member taking a Board of Regents extension course off-campus get the reduced-tuition benefit, and did the 'C average' requirement mean the average for the most recent semester or the cumulative average across all college work?
Plain-English summary
A South Dakota official asked AG William Janklow two questions about the National Guard reduced-tuition benefit under SDCL Chapter 33-6.
Question 1: Did a guardsman taking an undergraduate extension course from a Board of Regents institution get the same tuition reduction as a guardsman taking the same course on campus? Janklow said yes. SDCL 33-6-5 provided the tuition reduction for "any undergraduate course or courses in any state educational institution under the control and management of the board of regents." The statute did not specify that the course had to be on campus. Reading on-campus into the statute would defeat the legislature's intent to give educational benefits to active guardsmen. Implementation procedures could be set by the Secretary of Education and Cultural Affairs under SDCL 33-6-8.
Question 2: A guardsman's most recent semester GPA fell below a "C," but the cumulative GPA was still a "C" or better. Did SDCL 33-6-7(4)'s requirement to "maintain an average academic grade of 'C' or better" mean a one-semester average or a cumulative average? Janklow said cumulative. Under SDCL 2-14-1, terms are used in their ordinary sense unless otherwise defined. "Average" in ordinary use means a norm, mean, or median across an aggregate. And the verb "maintain" implied continuity across time, not snapshots. So an applicant's cumulative GPA controlled. A bad semester did not disqualify a guardsman whose overall GPA met the threshold.
Currency note
This opinion was issued in approximately 1979 (during the William Janklow attorney generalship; the exact date is not in the visible text). Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here. South Dakota National Guard tuition benefits have been amended significantly since 1979, with both expanded benefit amounts and changed eligibility criteria.
What the opinion meant at the time
The opinion expanded access to the National Guard tuition benefit in two practical directions. First, guardsmen who could not attend on-campus classes (because of duty schedules, geographic distance, or family obligations) could still get the discount on extension courses. The Board of Regents at the time offered extension courses through several South Dakota institutions; this opinion confirmed those were within the benefit's reach.
Second, the cumulative-GPA reading protected guardsmen who had a difficult semester. Active National Guard duty (annual training, weekend drills, occasional deployments) interrupts academic work. A snapshot GPA test would have disqualified guardsmen whose performance dipped because of duty schedules. The cumulative test smoothed that out and supported retention in the program.
Janklow's reasoning relied on the statutory canon of ordinary meaning (SDCL 2-14-1) and on legislative intent inferred from context. Both rationales reinforced a generous reading of veterans/guard education benefits, consistent with the policy aim of supporting guardsmen's higher education.
Common questions
Q: Is this opinion still good law?
A: SDCL Chapter 33-6 has been amended multiple times since 1979. The general principle that veteran/guard tuition benefits should be read in light of legislative intent to support service members survives, but specific eligibility criteria, benefit amounts, and procedures should be verified against current law before relying on this opinion's specific rulings.
Q: What about online courses today?
A: This 1979 opinion addressed traditional extension courses (mailed lessons or off-site instruction). Modern online learning is broadly analogous and would likely receive similar treatment under a tuition-benefit statute that did not distinguish by delivery mode, but check current statute and current Board of Regents policy.
Q: Did the cumulative-GPA rule allow a guardsman with one passing semester to claim a 'C' average?
A: The opinion focused on a guardsman whose cumulative GPA was 'C' or better but whose immediate-prior-semester GPA had dipped below. It did not address a guardsman with little academic history who had only one semester. In practice, a guardsman early in college would have to maintain a 'C' or better cumulatively from the start.
Q: Could the Secretary of Education's rules override this reading?
A: The opinion indicated that the Secretary could adopt rules implementing and clarifying the procedure for enrollment in extension courses under SDCL 33-6-8. Such rules would have to be consistent with the statute. Rules that excluded extension courses from benefit eligibility would conflict with the AG's reading of SDCL 33-6-5.
Background and statutory framework
South Dakota in the 1970s ran an active program to support National Guard recruitment and retention through education benefits. SDCL Chapter 33-6 codified the program, with SDCL 33-6-5 providing the substantive tuition reduction and SDCL 33-6-7 listing eligibility conditions. The Board of Regents managed the state's higher-education institutions; eligible courses were those offered "in any state educational institution under the control and management of the board of regents." Procedures, including enrollment mechanics, were left to the Secretary of Education and Cultural Affairs to develop by rule under SDCL 33-6-8.
Janklow's reading paralleled the federal post-Vietnam expansion of veteran-education benefits, which similarly aimed at broad access. The cumulative-GPA test mirrored academic eligibility rules for federal Pell grants and GI Bill benefits that had moved away from snapshot semester rules to support service members.
Citations and references
Statutes:
- SDCL Chapter 33-6 (National Guard reduced tuition benefits)
- SDCL 33-6-5 (substantive tuition reduction)
- SDCL 33-6-7 (eligibility conditions)
- SDCL 33-6-7(4) (academic average requirement)
- SDCL 33-6-8 (rulemaking authority)
- SDCL 2-14-1 (ordinary meaning of statutory terms)
Cases: None cited.
Source
Original opinion text
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Would a national guardsman taking an undergraduate extension course offered by an institution under the control of the board of regents be eligible to receive reduced tuition benefits under SDCL 33-6?
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Is a guardsman whose grade average for the semester immediately prior to the semester for which he/she is applying for assistance under SDCL 33-6 is below a "C," but whose accumulated grade point average is "C" or better, eligible to receive reduced tuition benefits?
In my opinion, the answer to your Question No. 1 is YES. SDCL 33-6-5 provides the tuition reduction for "any undergraduate course or courses is any state educational institution under the control and management of the board of regents." The statute is quite broad and general and does not specify that a course or courses must be conducted on the campus of a state institution. It is my opinion that the intent of the Legislature was to provide educational benefits to active national guardsmen, and to restrict said benefits to on-campus courses would not serve to fully effectuate that intent. Pursuant to SDCL 33-6-8, the Secretary of Education and Cultural Affairs could adopt rules implementing and clarifying the procedure for enrollment in extension courses.
Your second question involves an interpretation of subdivision (4) of SDCL 33-6-7. That provision requires that an applicant for reduced tuition "maintain an average academic grade of 'C' or better."
Terms are to be used and understood in their ordinary sense unless otherwise defined or explained (SDCL 2-14-1). "Average" is defined in Websters as "a norm, mean or median." In addition, the statute requires that a "C" average be maintained. Thus, it is my opinion that the grade average referenced in SDCL 33-6-7 is cumulative and to be calculated from all prior college courses.
The fact that the grade point average for anyone part of an applicant's academic career may be below a "C" will not make him ineligible. Eligibility is to be based on the accumulative grade point.
The answer to your Question No.2 is YES.
Respectfully submitted,
WILLIAM J. JANKLOW
ATTORNEY GENERAL
WJJ:LLV:rw