Title 13, EDUCATION

The provisions of §§ 13-32-10 to 13-32-12 , inclusive, do not apply to any of the following group living environments: (1) A facility operated by the Department of Corrections; (2) A facility operated by the Department of Human Services or the Department of Social Services; (3) A…

If a school district does not have a bullying policy, the school district shall follow the model bullying policy in § 13-32-19 until such time as the school district adopts its own bullying policy. Nothing in §§ 13-32-14 to 13-32-19 , inclusive, supplants or preempts an existing …

Bullying is a pattern of repeated conduct that causes physical hurt or psychological distress on one or more students that may include threats, intimidation, stalking as defined in chapter 22-19A , physical violence, theft, destruction of property, any threatening use of data or …

Each school district policy developed pursuant to §§ 13-32-14 to 13-32-19 , inclusive, shall contain the following provisions: (1) A statement prohibiting bullying and a definition of bullying that includes the definition listed in § 13-32-15 ; (2) A description of the type of be…

Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the sc…

Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action taken by a school district for conduct determined to meet the definition of bullying in § 13-32-15 . Source: SL 201…

The model bullying policy pursuant to §§ 13-32-14 to 13-32-18 , inclusive, is as follows: PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering …

Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise chil…

The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unl…

Terms used in §§ 13-32-21 to 13-32-25 , inclusive, mean: (1) "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room; (2) "Female," an individual who naturally has, had, …

A public school must designate any multi-occupancy changing room, restroom, or sleeping quarters in each facility or space owned or rented by the public school for use exclusively by females or for use exclusively by males. If any student is unable or unwilling to use a multi-occ…

A male may not enter a changing room or restroom designated exclusively for females. A female may not enter a changing room or restroom designated exclusively for males. A public school must take reasonable steps to provide individuals with privacy in changing rooms, restrooms, a…

If a public school sponsors or sanctions any event that requires students to be provided with changing rooms or sleeping quarters, the school must designate all multi-occupancy changing rooms and sleeping quarters as being for use exclusively by females or exclusively by males. A…

Any multi-occupancy changing room or restroom that is located in a public school and normally reserved for use by employees of the district is governed by the provisions of §§ 20-13-58 to 20-13-63 , inclusive. Source: SL 2025, ch 84 , § 4.

No public school administrator or teacher shall refer a student for psychiatric treatment within or outside the school without the prior written consent of such student's parent or guardian. Source: SL 1961, ch 91 .

The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduc…

The school board of every school district may adopt an attendance policy in accordance with procedural due process rules established by the South Dakota Board of Education Standards pursuant to § 13-32-4 . Any attendance policy adopted pursuant to this section is not to be constr…

The school board in any district may authorize the summary suspension of pupils by principals of schools for not more than ten school days and by the superintendent of schools for not more than ninety school days. In case of a suspension by the superintendent for more than ten sc…

If any student is under suspension or expulsion in a school district, the student may not enroll in any school district until the suspension or expulsion has expired. The superintendent or school administrator of any school district may prohibit a student from enrolling in that s…

If a student is expelled from school as provided in § 13-32-4 , the school board may grant the student an early reinstatement allowing the student to return to school before the end of the period of expulsion. Source: SL 2010, ch 89 , § 1.

Any early reinstatement granted by a school board pursuant to § 13-32-4.4 may include one or more specific conditions established by the school board that the expelled student must meet, either prior to the granting of the early reinstatement or after the early reinstatement is g…

If the superintendent of a school district determines that an expelled student has met the early reinstatement conditions established pursuant to § 13-32-4.5 that the student is required to meet before the student may be granted early reinstatement, the superintendent may grant t…

The administrative due process procedures established in ARSD 24:07:04 for the protection of students' rights in an expulsion procedure apply to the early reinstatement process established in §§ 13-32-4.4 to 13-32-4.6 , inclusive, and the South Dakota Board of Education Standards…

Any student, who cuts, defaces, or otherwise injures any schoolhouse, equipment, or outbuilding thereof, is liable to suspension or expulsion. Source: SDC 1939, § 15.3009; SL 1955, ch 41 , ch 12, § 19; SDC Supp 1960, § 15.3019; SL 1975, ch 128 , § 210.

A person, whether pupil or not, who intentionally disturbs a public or nonpublic school when in session or who intentionally interferes with or interrupts the proper order or management of a public or nonpublic school by acts of violence, boisterous conduct, or threatening langua…

Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitati…

Any school board may establish a school safety patrol to supervise students in the directing of other students crossing public streets on their way to and from school. The board of each school district may purchase health, accident, and liability insurance to cover all adult and …

Any person adjudicated, convicted, the subject of an informal adjustment or court-approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency for possession, use, or distribution of controlled drugs or substances or ma…

No local school board may impose a lesser consequence than those established in § 13-32-9 , but a local school district may adopt a policy, by local school board action, with more strict consequences to meet the needs of the district. Source: SL 2014, ch 88 , § 2.

If a suspension is reduced pursuant to § 13-32-9 , a suspension for a first offense shall make the student ineligible for a minimum of two South Dakota High School Activities Association sanctioned events. If two sanctioned events for which the student is ineligible do not take p…