Title 13, EDUCATION

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…

The plan shall be made a part of the minutes of the school board of the school district, or districts; one copy shall be filed with the board of county commissioners in each county in which the territory of the proposed district, or districts, is located; and two copies shall be …

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 § 13-6-4 . The secretary of the Department of Education may call a hearing on the p…

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…

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…

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…

Reorganization of school districts shall meet the requirements set forth in § 13-6-7 and the standards for proposed school districts as adopted by the South Dakota Board of Education Standards. Source: SL 1955, ch 41 , ch 8, § 5; SL 1959, ch 60 , § 1; SDC Supp 1960, § 15.2005; SL…

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 § 13-7-8 . Such notice shall clearly state and contain the purpose of the election, a description of the boundaries of the proposed district, or districts, contained in the plan, and the ti…

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 …

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…

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…

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…

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…

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…

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…

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…

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 § 13-6-48 . Source: SL 1955, ch 41 …

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 13-6-86 . Source: SL 1955, ch 41 , ch 8, § 20; SL 1959, ch 60 , § …

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 13-6-18 . Source: SL 2016, ch 82 , § 10.

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…