Title 13 — EDUCATION

The school board members of a newly created district elected on or before the first Monday in May shall qualify and assume office as soon as can be conveniently done but not before the first Monday in January of the year in which the district will become operational. They shall o…

13-6-67 Dissolution of district after transfer of total area by reorganization--Expiration of terms of officers. 13-6-68 13-6-68 to 13-6-72. Repealed by SL 1973, ch 85 , § 43 13-6-73

The changes in boundaries caused by the creation of the new school district shall take effect July first after the new board has been elected and qualified. Source: SL 1955, ch 41 , ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74 , § 1; SL 1968, ch 41 , § 2.

A school district whose total area has been transferred to another school district or districts by reorganization is dissolved at the time the new district or districts take effect. The terms of the dissolved district's officers expire when the newly elected school officers assum…

All territory within the corporate limits of any municipality shall be included in the same school district. However, this section does not apply to a municipality created pursuant to chapter 9-3 after July 1, 1991. Source: SL 1955, ch 41 , ch 8, § 5; SL 1959, ch 60 , § 1; SDC Su…

Repealed by omission from SL 1968, ch 41 , § 2 13-6-74

13-6-76

If a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by an election conducted by the sch…

13-6-78 Transfer of assets and liabilities on reorganization--Copy of directive to secretary. 13-6-79

The board of county commissioners of the county having jurisdiction over the school district shall have the power and duty to determine the value and the amount of all school owned property, cash assets, and all bonded and other indebtedness of each existing school district affec…

All liabilities and assets shall be transferred according to directives prepared by the board of county commissioners. A copy of such directives shall be mailed to the secretary of the Department of Education and all other parties enumerated in §

Repealed by omission from SL 1968, ch 42 , § 1 13-6-80

Repealed by SL 1973, ch 85 , § 43 13-6-9

13-6-82 Bonded indebtedness not transferred by reorganization--Continuation of tax levy and redemption of bonded indebtedness--Trust fund. 13-6-83 Disposition of records of district dissolved by reorganization. 13-6-84 Board proposal for boundary change and land exchange. 13-6-84…

If the board of county commissioners shall find that a school district, totally dissolved by reorganization, has an excess of total liabilities over its total assets, such board of county commissioners may authorize a tax levy against the property located within the boundary of s…

Nothing in this chapter shall be construed to authorize the transfer of the liabilities of existing bonded indebtedness from the district or territory against which it was originally incurred. Should there be any existing bonded indebtedness outstanding against a district, the co…

When a school district entity goes out of existence due to reorganization or consolidation and the area of such district becomes a part of another school district entity, the records of the former school district entity shall become official records of the school district entity …

The school board of a school district may propose to change the boundary of the school district and exchange land with another school district under criteria described in §§ 13-6-84.1 to 13-6-84.3 , inclusive, and

In each proposed change in a school district's boundary or land exchange, the boundary of the area proposed to be detached, annexed, or exchanged must have a common boundary with the common boundary of the two involved school districts. Land owned by the federal, state, or local …

Nothing in §§ 13-6-84 to 13-6-84.2, inclusive, and 13-6-85.4 compels the board of a school district to act if the board is unwilling to exchange any land within its boundary. The exchange of land between school districts may only be made if each board is willing to exchange the l…

Within thirty days of the last date of the public hearing, pursuant to § 13-6-84.2 , five percent of the voters residing within a school district may petition the school board to refer the resolutions to an election. The school district shall submit the question at the next regul…

Nothing in §§ 13-6-84 , 13-6-84.1 , and 13-6-84.2 affects a school district's authority to reorganize pursuant to §§ 13-6-10 , 13-6-13 , and

The information required as part of a petition for a minor boundary change must be final with no amendments, additions, or deletions. If the petition is amended or the information to support it is added or deleted in any way, the requirement for a school board to approve or disap…

Notwithstanding the provisions of any other law, no minor boundary change may be proposed during the period of time beginning on April 1, 2015, and ending on June 30, 2016. Source: SL 2015, ch 84 , § 1, eff. Mar. 13, 2015.

If a school district proposes to close a rural attendance center, any landowner who has students attending the attendance center that is proposed to be closed may petition the school board to transfer their land to an adjacent school district with a common boundary with the lando…

A resolution for a proposed boundary change includes the following information based on the final plan for detachment and annexation: (1) The names of the school districts involved and the legal description of the area proposed for detachment and annexation; (2) A map of the area…

13-6-87 Order of county commissioners approving or making boundary change--Distribution of copies. 13-6-88 Adjustment of assets and liabilities on boundary change. 13-6-89

Upon receipt of the resolution approving a boundary change or the petition for a boundary change from the school board of each school district affected, the board of county commissioners having jurisdiction over the district to which the territory is to be annexed shall at its ne…

When a boundary change is made under the provisions of § 13-6-87 , the board of county commissioners shall make an adjustment of assets and liabilities as may be required by law. Source: SDC Supp 1960, § 15.2017 as added by SL 1963, ch 72 ; SL 1973, ch 85 , § 39. 13-6-89. Repeale…

Repealed by SL 1973, ch 85 , § 43 13-6-91

Repealed by SL 1995, ch 87 , § 14 13-6-9.1

13-6-9.3 13-6-9.3 , 13-6-9.4. Repealed by SL 1995, ch 87 , §§ 15, 16 13-6-10 Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters. 13-6-11 13-6-11 , 13-6-12. Repealed by SL 1973…

Whenever the secretary of the Department of Education shall find or be notified by school or county officials that there are insufficient qualified voters residing within a school district who are willing to serve as members of its school board, the secretary of the Department of…

Repealed by SL 2015, ch 82 , §§ 9 to 15 13-6-97 Required reorganization of school district with low enrollment--Exceptions. 13-6-98

July 1, 2010 13-6-99 School district created by reorganization to consist of adjoining territory--Exemption.

Any proposed school district created as a result of reorganization shall consist of adjoining territory. However, any plan for reorganization approved by the secretary of education prior to July 1, 2009, is exempt from this requirement. The secretary of education may waive this r…