Title 13, EDUCATION

Any individual newly elected to the board of a school district shall qualify and assume membership at the first meeting of the school board following the canvass of the votes. An individual appointed to the board of a school district shall qualify and assume membership at the nex…

In all school districts oaths of office shall be filed with the business manager except the oath of office of the business manager which shall be filed with the county auditor. Business managers and presidents of school boards are empowered to administer oaths in all matters in w…

Failure of any school board member - elect or appointee to qualify as specified in §§ 13-8-14 and 13-8-15 shall constitute a vacancy which may be filled by appointment. Source: SDC 1939, §§ 15.2013, 15.2014; SL 1955, ch 41 , ch 9, § 18; SDC Supp 1960, § 15.2318; SL 1975, ch 128 ,…

The penal sum of the bonds required for school business managers shall be fixed and approved by the school board. Source: SDC 1939, §§ 15.2009, 15.2010; SL 1955, ch 41 , ch 9, § 20; SL 1957, ch 66 , § 2; SDC Supp 1960, § 15.2320; SL 1973, ch 86 , § 9; SL 1989, ch 137 .

The bonds of the business manager shall be approved by the school board. The bonds shall be filed with the county auditor. Source: SDC 1939, § 15.2009; SL 1955, ch 41 , ch 9, § 21; SL 1957, ch 66 , § 3; SDC Supp 1960, § 15.2321; SL 1973, ch 86 , § 10.

A school board consists of five, seven, or nine members whose terms are from one to three years initially, and three years thereafter; provided that each school board member is entitled to complete the term of office to which the member was elected. A school board may, by resolut…

New or additional bonds for school board members or employees may be required by the school board in a sum to be fixed by the board in the event of the sale of bonds or whenever deemed necessary. The county auditor may require new or additional bonds in districts where deemed nec…

In case of the breach of any condition of any official bond in any school district, the county auditor or any member of a school board where the default occurs shall cause an action to be commenced and prosecuted thereon in the name of the school district and all money so collect…

If for any reason a school district fails to elect any person to succeed a school board member whose term shall have expired or an elected board member fails to qualify, the term shall be deemed vacant, and the incumbent shall continue to act in an official capacity until the vac…

A vacancy on the school board occurs if any of the following events happen before the expiration of the term of a school board member. If the member: (1) Dies; (2) Is removed from the board; (3) Fails to qualify as a board member as provided by law; (4) Ceases to be a resident of…

A resignation of a school board member shall necessitate a successor to be appointed to fill the vacancy, but such resignation shall not be effective until the successor is appointed and qualified as prescribed by law, and until such time the resigning member shall continue to se…

Any vacancy occurring on a school board shall be filled by appointment. The vacancy shall be filled by all school board members, including the vacating member, if the vacancy is created by: (1) A school district's failure to elect a person to succeed a school board member whose t…

The president of the school board shall appoint all committees, and shall preside at the meetings of the board. The president, or in the president's absence any board member designated by the school board at a board meeting, shall countersign all checks or warrants drawn by the b…

The voters of any school district may increase the number of board members to seven or to nine, or establish or discontinue school board representation areas, by a majority vote of all voters voting at an election called and held as hereinafter provided. If a petition signed by t…

The school board shall approve the minutes of every meeting of the board within forty - five days after such meeting. The presiding officer and the business manager shall sign the minutes of all annual, regular, and special meetings after they have been approved. Source: SL 1955,…

Within twenty days after a meeting of the school board, the board shall cause to be published in the designated legal newspaper a full account of the unapproved proceedings of such meeting, giving a detailed statement of all expenditures of money, with the names of persons to who…

School boards shall pay for publishing proceedings required by § 13-8-35 at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in §§ 17-2-19 and 17-2-20 . Source: SL 1996, ch 10…

Each local school board shall set the amount of per diem that each member of that local school board may receive. However, the amount of per diem set by the local school board may not exceed the per diem authorized for the members of the South Dakota Board of Education Standards,…

In addition to per diem as provided in § 13-8-37 , all school board members may receive mileage at the rate set pursuant to § 3-9-1 . Source: SL 1955, ch 41 , ch 9, § 30; SDC Supp 1960, § 15.2330; SL 1969, ch 47 ; SL 1973, ch 86 , § 15; SL 1982, ch 135 ; SL 2024, ch 20 , § 10.

As provided and limited by law, the school board has general charge, direction and management of the schools of the district and control and care of all property belonging to it. The school board may levy taxes, borrow money, employ any necessary personnel, lease real and persona…

The school board may provide day - care services to the children of enrolled students and may charge a fee therefor. Source: SL 1989, ch 138 , § 1.

If at an election held pursuant to § 13-8-3 an increase in the number of board members is authorized, the school board must designate the number of vacancies and the number of years, not to exceed three years, or four years if authorized pursuant to § 13-8-2 , in each vacancy, so…

All reports, books, records, contracts, and papers in the office of the business manager relating to school business in the district shall be retained in the office of the business manager and at all times open to the inspection of the president of the board, the secretary of the…

It is a Class 1 misdemeanor for any administrator knowingly to mutilate or destroy any of the books, accounts, or records of his office or sign, transmit, issue, or publish a false statement relating thereto, or fail to deliver to his successor all the books, accounts, and record…

Before August first, every school board shall file an annual report with the Department of Education. The report must contain all the educational and financial information and statistics of the school district as requested in a format established by the Department of Education. T…

When any school district employee, required by law or regulation to make a report including an inventory under the provisions of chapter 5-24 to any county auditor or school board or the secretary of the Department of Education, willfully neglects to make such report or fails to …

The question of any change in number of board members, having once been voted upon whether approved by the voters or not, shall not be again submitted within two years thereafter. Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49 , § 1; SL 1968, ch 45 , § 1.

The school board may provide programming before or after the regular school term or school day, including weekends, for children who are of school age and are enrolled in a school within the district and may charge a fee therefor. However, the programming provided by a school dis…

Any fees paid to a school district under the provisions of §§ 13-8-50 and 13-28-5 shall be deposited into the school district's public enterprise fund enumerated in § 13-16-2 . Source: SL 2012, ch 91 , § 3, eff. Mar. 1, 2012.

Any school administrator of any school district of this state may become a member of an association with school administrators of other school districts of this state, the purpose of which is to enhance the quality of education in the school districts in South Dakota. Source: SL …

Any school board may establish school board member representation areas. The electors of any school district may also establish school board representation areas by a majority vote of all electors voting at an election called and held as set forth in §§ 13-8-3 to 13-8-5 , inclusi…