Title 13, EDUCATION

Subject to policies established by the South Dakota Board of Education Standards, the secretary of the Department of Education has general supervision over all accredited elementary and secondary schools in the state, including adult education, kindergarten, preschool, and summer…

The age-appropriate, research-based, instruction in prenatal human growth and development required under § 13-3-98 may not include any book, article, outline, handout, video, or other material produced or provided by an entity that: (1) Performs abortions; (2) Promotes abortion; …

The secretary of the Department of Education shall be responsible for the classification and accreditation of all public and nonpublic schools under the rules established by the South Dakota Board of Education Standards pursuant to chapter 1-26 . Source: SDC 1939, § 15.0904 (2); …

The secretary of the Department of Education shall prepare and submit for approval of the South Dakota Board of Education Standards a standards revision cycle and content standards for kindergarten through grade twelve. Source: SDC 1939, § 15.0903 (3); SL 1955, ch 41 , ch 1, § 3;…

Prior to July 1, 2016, the Board of Education may not, pursuant to § 13-3-48 , adopt any uniform content standards drafted by a multistate consortium which are intended for adoption in two or more states. However, this section does not apply to content standards whose adoption by…

The secretary of the Department of Education shall establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. Any school district or school seeking st…

Terms used in §§ 13-3-51.1 to 13-3-51.6 , inclusive, mean: (1) "Aggregate data," information from education records in which all personally identifiable information has been removed; (2) "Department," the South Dakota Department of Education; (3) "Disclosure," "education records,…

No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning: (1) Political affiliations or beliefs of the student or the student's parent; (2) Mental or psychological problems or aspects of …

The department may not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education. However, this section does not apply to information required to be reported pursuant…

Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collect…

Nothing in §§ 13-3-51 to 13-3-51.6 , inclusive, prohibits the disclosure of aggregate data if otherwise allowed by privacy protection laws. Source: SL 2014, ch 76 , § 6.

Nothing in §§ 13-3-51 to 13-3-51.5 , inclusive, prohibits the disclosure of aggregate data necessary to make an application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act. Source: SL 2014, ch 76 , § 7.

Every public school district shall annually administer the same assessment to all students in grades three to eight, inclusive, and in grade eleven. The assessment shall measure the academic progress of each student. Every public school district shall annually administer to all s…

The parent of a student to whom an assessment is administered pursuant to § 13-3-55 or the eligible student may request to inspect and review the assessment of the student after it is scored and the results are provided to the parent or eligible student. The parent or eligible st…

A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. Further release or use of a student's …

If the superintendent of a school district has sufficient evidence that cheating occurred on a state-required academic achievement test, the superintendent of the school district shall investigate the circumstances. For the purposes of this section, cheating is the unauthorized a…

Following the investigation, the superintendent shall report the results of the investigation to the secretary of the Department of Education. Upon receiving the report, the secretary shall determine whether the alleged cheating occurred and, if so, if it was severe enough to aff…

The Department of Education shall research and analyze the demographics of South Dakota's public education workforce, with an emphasis on the geographic distribution of K-12 teachers, their years of experience, years until retirement, and their areas of educational expertise. The…

Each public school selected to participate in the biennial national assessment of educational progress shall do so pursuant to 20 U.S.C. § 6311(c)(2) as in effect on January 1, 2003. Source: SL 2003, ch 89 , § 1.

A single, statewide state accountability system is established. The system shall hold public schools accountable for the academic achievement of their students and shall ensure that all public schools make yearly progress in continuously and substantially improving the academic a…

The state accountability system shall be based on the South Dakota Content Standards in reading and mathematics approved by the South Dakota Board of Education Standards. The yearly progress of students shall be measured by the state academic assessments as may be prescribed by t…

The state accountability system shall measure whether all students meet or exceed the state's proficient level of academic achievement. Multiple indicators shall be established to indicate continuous and substantial academic improvement of the achievement of all public school stu…

The state accountability system shall determine annually the progress of each public school, including the annual progress of sub-groups of students, using annual assessment data and data from additional academic indicators. Source: SL 2003, ch 90 , § 4; SL 2012, ch 89 , § 4.

Four levels of academic achievement shall be defined, including a proficient level, and shall be known as South Dakota's achievement standards. The four levels shall be used to categorize public schools and public school districts based on the comparison of their achievement leve…

The state accountability system shall include interventions for schools in the form of sanctions, rewards, and recognition. The interventions shall be based on the school's ranking on the state's achievement standards and additional indicators. Source: SL 2003, ch 90 , § 6; SL 20…

The state accountability system will be implemented and administered by the Department of Education. Source: SL 2003, ch 90 , § 7; SL 2003, ch 272 , § 63.

The South Dakota Board of Education Standards may promulgate administrative rules pursuant to chapter 1-26 to establish the state accountability system based on achievement and other indicators including: (1) A definition of academic progress; (2) The method of calculating yearly…

If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-28-51 , and the student's enrollment is equal to or greater than fifty percent, that student is required to take any academic achievement test administered by the school district pursuant to § 13…

The Board of Education Standards, prior to adopting content standards pursuant to § 13-3-48 , shall conduct, over a period of no less than six months, at least four public hearings. The purpose of the hearings is to give members of the public the opportunity to provide input to t…

In addition to complying with the requirements of chapter 1-25 , the Board of Education Standards shall, at least thirty days prior to each public hearing, publish notice of the intent to receive public comment and testimony concerning the adoption and implementation of content s…

The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use …

Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction. Source: SL 2…

The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what…

To provide the instruction required in § 13-3-91 , the school board or governing body shall use either of the following: (1) An instructional program developed by the American Heart Association or the American Red Cross; or (2) An instructional program that is nationally recogniz…

A certified teacher is not required to be an authorized CPR or AED instructor to facilitate, provide, or oversee the instruction required in § 13-3-94 . However, any CPR course that results in the students earning a CPR course completion card shall be taught by an authorized CPR …

The Department of Education shall annually conduct a survey of each applicable school to determine compliance with the requirements of §§ 13-3-91 , 13-3-94 , and 13-3-95 . Source: SL 2017, ch 75 , § 4.

If United States Department of Education waivers that affect school accountability calculations are in place due to a nationally declared emergency, the secretary of education may waive compliance with §§ 13-3-55 and 13-3-62 to 13-3-65 , inclusive, through December 31, 2024. Sour…

The South Dakota Board of Education Standards shall recommend resources for age-appropriate and research-based instruction in prenatal human growth and development. A school district shall use the resources recommended by the board in providing a health or science curriculum. Sou…

The instruction in prenatal human growth and development required under § 13-3-98 must include: (1) A high-definition ultrasound video that shows the presence of the brain, heart, and other major organs as they appear at various stages of prenatal development; and (2) A high-qual…