Title 13 — EDUCATION

Source: SL 1955, ch 41 , ch 8, § 10; SL 1957, ch 60 , § 3; SDC Supp 1960, § 15.2010; SL 1973, ch 85 , § 10; SL 1991, ch 126 , § 2; SL 2004, ch 122 , § 1; SL 2016, ch 82 , § 12; SL 2017, ch 81 , § 57.

Source: SL 1955, ch 41 , ch 8, § 18; SL 1957, ch 62 , § 1; SDC Supp 1960, § 15.2015; SL 1961, ch 72 ; SL 1963, ch 69 , § 4; SL 1963, ch 71 ; SL 1971, ch 103 , § 7; SL 1973, ch 85 , § 21; SL 2003, ch 272 , § 63.

Terms used in this chapter mean: (1) "Joint district," a school district having territory in two or more adjoining counties. Jurisdiction within a joint district is determined as provided in § 13-5-14 ; (2) "Party," any person or municipality interested in any proceedings under t…

All proceedings for the reorganization of school districts prior to July 1, 1992, are hereby declared legal and valid, notwithstanding any irregularity or defect, other than a constitutional defect, in the reorganization or creation of such school districts. However, the validati…

If the school board or the voters of two or more districts or parts of districts express a desire to consolidate their respective districts to create a new entity; or the school board or the voters of an existing district express a desire to divide the district to create one or m…

The plan shall contain: (1) A map or maps showing the boundaries of the proposed district or districts, the boundaries of the existing districts involved, the location of existing and proposed attendance centers and a description of the facilities, and the proposed school bus rou…

When the reorganization plan is submitted, the school board or the electors of the district may establish school board representation areas to represent each former school district that consolidated to form the reorganized school district. Each former school district representati…

Notwithstanding any other provision of law, a decision by a school board to reject the request to transfer land submitted pursuant to subdivision 13-6-13(12), in total or in part, does not create any cause of action against the school district or school board, or constitute groun…

Repealed by SL 1973, ch 85 , § 43 13-6-15

Repealed by SL 1995, ch 87 , § 17 13-6-16

13-6-18 Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan. 13-6-18.1 Boundary changes--When allowed. 13-6-19

The school board shall call conferences and hold hearings to develop the plan. The school board may employ a consultant. If the school boards involved in the creation of a plan initiated by a petitioner cannot agree on a single plan within the time allowed in this section, the Se…

Upon receipt of a proposed plan, the secretary of the Department of Education shall review the plan and compare its features with the requirements for school district reorganization as provided in §

If a plan of reorganization is approved pursuant to § 13-6-18 , a boundary change pursuant to § 13-6-84.2 may be allowed by a school board only if: (1) The plan has been rejected by the voters; (2) The school boards of each district which voted and approved the reorganization pla…

Repealed by SL 1973, ch 85 , § 43 13-6-25

It is the policy of the State Legislature: (1) That school districts exist for the purpose of operating a school or schools to provide the people of each local community adequate opportunity to avail themselves of a free public elementary and secondary education program. Each sch…

Transferred to § 13-6-3.3 13-6-26

Repealed by SL 1973, ch 85 , § 43 13-6-27

Repealed by SL 1973, ch 85 , § 43 13-6-30 Annexed territory to remain with original school district--Exception. 13-6-31 13-6-31 to 13-6-36. Repealed by SL 1973, ch 85 , § 43 13-6-37

Repealed by SL 1973, ch 85 , § 4 13-6-3.1

13-6-3.3 Public officials to make available information from public records. 13-6-4 Requirements for school district reorganization. 13-6-5

It shall be the duty of the board of county commissioners to preserve and maintain a complete record of all proceedings at the county level relating to the establishment, division, consolidation, or any change of boundaries of school districts, and promptly transmit to the secret…

Upon request, state, county, and school district officials shall make available to the members of planning committees and other school boards and the secretary of the Department of Education such information from public records in their possession as is essential to them in the p…

Notwithstanding the provision of § 13-6-7 , if the territory sought to be annexed by the municipality is part of another school district, such territory shall remain a part of the school district in which the territory is located at the time of annexation unless the boundary of t…

Repealed by SL 1973, ch 85 , § 43 13-6-41 Special election called on state approval of plan--Eligibility to vote. 13-6-41.1 Election on dissolution of district restricted to dissolving district--Resolution of annexing district. 13-6-41.2 Date of election. 13-6-41.3 Notice of elec…

He shall notify in writing the school boards of the school districts and boards of county commissioners affected that the proposal is found, or is not found, to be in compliance with the requirements for school district reorganization and the standards and rules adopted by the So…

Upon receipt of the approval of the plan from the secretary of the Department of Education, the school board of each school district shall call a special election within each school district and all qualified voters of the district shall be entitled to vote on the proposal. Sourc…

Notwithstanding the provisions of § 13-6-41 , in the event the approved plan consists of an existing district attempting to dissolve and be annexed to one or more other districts, the election required by § 13-6-41 shall be called only in the district which expressed the desire t…

The election required by § 13-6-41 shall be held within ninety days, subsequent to the date of approval. The date of such election shall be established by the secretary of the Department of Education. Source: SDCL, § 13-6-41 as added by SL 1973, ch 85 , § 17; SL 2003, ch 272 , § …

The school board shall cause a notice of a special election to be published as provided in §

13-6-44 General election law applicable to reorganization elections. 13-6-45 Certification and canvass of votes--Results transmitted to secretary. 13-6-46

The ballot for an election on school district reorganization shall be in the following form: G For Proposed School District Reorganization Plan G Against Proposed School District Reorganization Plan Check with a cross (  ) or check mark (  ) in the square desired. Source: SL 19…

In all other respects the election shall be held according to the laws governing elections in this state. Source: SL 1955, ch 41 , ch 8, § 18; SDC Supp 1960, § 15.2015.

At the next regular meeting of the school board, following the date of the election, the votes cast at each polling place shall be certified and the total number of votes cast for and against the proposed school district reorganization plan shall be determined and the results of …

13-6-48 Secretary's notice of election results--Order effecting plan--Contents. 13-6-48.1 Distribution of copies of reorganization order. 13-6-48.2 Correction of county boundary records to show reorganization--Notice to secretary. 13-6-49 Reconsideration of rejected plan. 13-6-50…

Upon the receipt and review of the results of the election on a plan and if the secretary of the Department of Education finds that a majority of votes cast in each district is in favor of the consolidation or division of school districts to create a new school district, or distr…

The secretary of the Department of Education shall notify all school boards of each district included in the plan and boards of county commissioners affected if such plan has been approved or rejected by the voters. If the plan was approved by the voters, the secretary of the Dep…

A copy of the order issued pursuant to § 13-6-48 shall be sent by the secretary of the Department of Education to the school board of each school district affected by the order, to the county auditor and the chairman of the board of county commissioners of each county in which su…

The board of county commissioners shall, upon receipt of an order pursuant to § 13-6-48.1 , correct the legal description of the school district, or school districts, as the same may appear in its records, and immediately thereafter shall notify the secretary of the Department of…

If the voters of a school district voting upon a school district reorganization plan failed to approve the plan, the school board of the district may call a special election within one year from the date of the previous election for the purpose of reconsidering the plan. The scho…

Repealed by SL 2001, ch 71 , § 1 13-6-6

Any power or duty which a board of county commissioners or county officer has under this chapter involving reorganization of its own school districts shall be performed jointly by all boards of county commissioners and county officers of those counties containing territory involv…

If a joint school district is created, the county officials shall comply with the orders and directives of the board of county commissioners of the county having jurisdiction over the school district so created. A school district shall be considered to be under the jurisdiction o…

13-6-8

13-6-61.1 Operative date when reorganization consists solely of dissolution of school district. 13-6-62 Election of board for new district--Notices and declarations of candidacy--Costs. 13-6-62.1

All school district reorganization shall take effect and the new school district shall become operative on the first day of July following the date of the order by the secretary of the Department of Education, except that when such order is issued after the first day of March the…

Notwithstanding § 13-6-61 when reorganization consists solely of the dissolution of a school district the effective date of the plan is July first following the date of the order by the secretary of the Department of Education or as provided in the plan. Source: SL 1990, ch 78 , …

If under the provisions of this chapter a new school district entity is created, the voters shall elect a new school board to govern the school district as hereinafter provided. The county auditor of the county having jurisdiction shall conduct the election under the existing sta…

13-6-64 Assumption of office, organization and contracts made before new district operational--Continued operation of old boards. 13-6-65

The county auditor shall cause the school board members to be elected for terms of office as provided by statute. The residency requirements of school board members shall be as provided in chapter 13-8 . Source: SL 1955, ch 41 , ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 7…