Title 13, EDUCATION

The education funding terms and procedures referenced in this chapter are defined as follows: (1) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are…

For the purposes of § 13-13-10.9 , the terms, industrial, and, economic development, include only those areas where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the real…

The assessed value as determined in § 13-13-10.1 of any property in a tax increment financing district formed on or before December 31, 1994, and created pursuant to chapter 11-9 is the tax increment base, as defined in § 11-9-19 until the district ceases to exist as provided in …

For the purposes of § 13-13-10.1 , a student is enrolled if: (1) The student is less than twenty-one years of age on the first day of July or meets the requirements of § 13-28-5 and 13-28-6 ; (2) The student has not completed an approved program or graduated from high school; (3)…

For purposes of state aid to education, a student enrolled pursuant to § 13-28-41 or 13-28-51 shall be counted in a school's fall enrollment as defined in § 13-13-10.1 in a proportion equal to the share of the student's enrollment in the school. Source: SL 2007, ch 101 , § 2; SL …

For purposes of this chapter, the assessed value of any real property in a tax increment financing district created pursuant to chapter 11-9 is the total assessed value of the real property as determined by the Department of Revenue pursuant to § 11-9-24 , until the tax increment…

The provisions of subdivision 10-12-44(1) that require the county auditor to raise additional revenue from real property taxes for the general fund and special education fund of any school district located in a tax increment financing district and the provisions of § 13-13-10.8 ,…

It is the purpose of §§ 13-13-10.1 to 13-13-41 , inclusive, to establish a procedure for the distribution of state funds to local school districts. The following subdivisions are hereby declared to be the policy of this state: (1) Education is a state and local function; (2) No o…

For the purposes of distributing state aid to special education under the provisions of § 13-37-36.1 , funds received from the federal government under Title VIII of the Elementary and Secondary Education Act funds add on for children with disabilities shall be deposited into the…

The eligibility of a school district to share in state aid to education funds shall be determined as provided by §§ 13-13-14 to 13-13-19 , inclusive. Source: SL 1959, ch 67 ; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76 ; SL 1963, ch 77 ; SL 1969, ch 44 , § 4; SL 2015, ch 89 , § …

In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated one or more attendance centers during the previous school fiscal year for the entire school term as provided by law. Source: SL 1959, ch 67 ; SDC Supp…

In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated only accredited public schools, as defined by the South Dakota Board of Education Standards, during the previous school fiscal year. Source: SDC Supp …

A newly reorganized school district which has become a new entity as of July first of the school fiscal year in which state aid to education payments are distributed will be considered eligible for general support payments regardless of the requirements for eligibility as set for…

An itemized statement of the apportionment when made as provided in § 13-13-1 shall be delivered by the commissioner of school and public lands to the state auditor, who shall thereupon draw his warrant on the state treasury for the amounts designated on the statement so furnishe…

For any structure given a reduced value pursuant to § 10-6-137 , the portion of actual assessed value of the property used when calculating state aid to education must be twenty percent in the first year, forty percent in the second year, sixty percent in the third year, eighty p…

Whenever any school district in this state shall default and shall be delinquent in the payment of any interest or principal payments to the State of South Dakota on account of any bond or bonds heretofore or hereafter issued by such school district and which have been purchased …

Payment of state aid to education funds shall be made to eligible school districts as provided by §§ 13-13-37 to 13-13-41 , inclusive. Source: SL 1959, ch 67 ; SDC Supp 1960, § 15.2246 (7); SL 1961, ch 76 ; SL 1963, ch 77 ; SL 1969, ch 44 , § 27; SL 1989, ch 30 , § 41; SL 2015, c…

Each school district shall submit its final financial report to the secretary of the Department of Education before August first for the school fiscal year ending June thirtieth of that year. The final financial report shall detail total expenditures and total revenues. The finan…

The secretary of the Department of Education and the South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to implement state aid to education funding as provided in this chapter. Source: SL 1986, ch 126 , § 21; SL 2003, ch 272 (Ex. Ord. 03-1),…

The Department of Education shall determine on December first, or as soon thereafter as practicable, of each school fiscal year the amount of state aid to education funds to which each school district within the state is eligible. The department shall require from any county or s…

The Department of Education shall apportion the state aid to education funds to each eligible school district and shall prepare a list of apportionments to be posted publicly in electronic format. The state auditor shall issue the warrant to each school district when the apportio…

The county general school fund to be apportioned pursuant to § 13-13-5 shall consist of the net proceeds of all fines for violation of state laws and any tax so designated in Title 10. Source: SDC 1939, § 15.1603; SL 1975, ch 128 , § 80.

If an error in payment of general support or equalization support to a school district has been made, the error shall be corrected by adding to or subtracting the amount of the error from the subsequent months' payments to be made to the school district affected. Source: SDC Supp…

The county treasurer shall on or before the fifth day of January and July furnish the county auditor with a statement of all money in the county treasury belonging to the county general school fund and shall pay the money, upon the order of the auditor, to the public school distr…

The county treasurer shall also pay at such times as are required by law to the business manager of each school district all of the money collected for such school district and shall take duplicate receipts for the money paid. He shall send one of the receipts to the business man…

If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year each of the levies specified in subdivision 13-13-10.1 (13) shall be reduced proportionally so tha…

It is the policy of the Legislature that the appropriation for state aid to education increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain…

In 2028 and each year thereafter, any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding th…

No later than July 1, 2016, a school district shall notify the secretary of education in writing as to whether the school district's state aid is to be calculated using the alternative local need calculation. If a school district chooses the alternative local need calculation, th…

The Department of Revenue shall exclude the real property valuation of manufactured homes, considered as real estate pursuant to § 10-4-2.4 , and manufactured homes, converted to real estate after July 1, 1999, when computing local effort pursuant to §§ 13-13-10.1 and 13-37-35.1 …

If a school district's lowest general fund monthly cash balance exceeds the district's allowable general fund cash balance, the Department of Education shall reduce a school district's state aid for general education, as calculated pursuant to § 13-13-73 , by an amount equal to t…

The Department of Education shall calculate the average teacher salary for each school district, based on data collected pursuant to §§ 13-3-51 and 13-8-47 . Beginning with fiscal year 2025 and every fiscal year thereafter, each school district must increase its average teacher c…

It is the intent of the Legislature that any money appropriated for teacher compensation using the education funding plan included in SL 2016, ch 83 be used to directly improve teacher recruiting and retention and that the school districts advance this goal by increasing starting…

Beginning July 1, 2026, each school district must pay each full-time equivalent teacher a salary at least equal to the state minimum salary. For the purposes of this section, the term "state minimum salary" is forty-five thousand dollars for fiscal year 2025. For fiscal year 2026…

The Department of Education must decrease state aid to general education funding to the school district in the following fiscal year by five hundred dollars for each full-time equivalent teacher employed in the school district if: (1) The school district does not increase the sch…

Except as provided in §§ 13-19-29 and 13-13-39 , payment from funds provided in aid of the public schools in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first to December thirty-first, inclusive,…

Terms used in § 13-13-79 mean: (1) "Sparse school district," a school district that meets each of the following criteria: (a) Has a fall enrollment per square mile of 0.50 or less; (b) Has a fall enrollment of five hundred or less; (c) Has an area of four hundred square miles or …

At the same time that state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41 , inclusive, the secretary of the Department of Education must distribute funds to sparse school districts by multiplying the result of the calculation in either subdivision 1…

Terms used in this section and §§ 13-13-82 and 13-13-83 mean: (1) "Eligible school district," a school district that does not receive state aid to education distributed pursuant to chapter 13-13 and that operates a high school primarily focused on career and technical education; …

An eligible school district shall receive an amount equal to the per student equivalent as defined in § 13-13-10.1 multiplied by the number of eligible students included in its fall enrollment as defined in § 13-13-10.1 . Source: SL 2008, ch 79 , § 2; SL 2016, ch 83 , § 11.

The amount calculated in § 13-13-82 and in § 13-13-87 shall be distributed to an eligible school district in the same manner as other state aid payments are distributed pursuant to § 13-13-74 from funds appropriated in the general appropriations act for state aid to education. So…

The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certification of resident pupils attending public or private schools in another state. Source: SL 2009, ch 75 , § 3.

The secretary of the Department of Education shall transfer on a noncash basis to the executive director of the Board of Regents the amount of state aid to education funds necessary to award jump start scholarships pursuant to §§ 13-55-47 to 13-55-51 , inclusive, to all students …

If a child is residing in a licensed group care center for minors which provides care for children who are not living with their parents or guardian, the school residence of the child is the school district where the parents or guardian reside, subject to the provisions of § 13-2…

The Department of Education shall pay tuition to a school district providing education for children pursuant to § 13-28-11 . The amount shall be calculated as follows: (1) Multiply the tuition rate set by the Department of Social Services pursuant to § 13-28-39 by the number of d…

There is hereby created in the state treasury the workforce education fund to provide grants for the purposes of providing secondary career and technical education programs. Any general funds appropriated to the workforce education program shall be transferred into the workforce …