Title 13, EDUCATION

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…

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…

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.

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…

Any school district that has a fall enrollment, as defined in § 13-13-10.1 , of fewer than one hundred and is not a sparse school district, as defined in § 13-13-78 , shall reorganize with one or more school districts to create a newly reorganized school district with a fall enro…

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…

Unless otherwise exempted by law, each school district must hold an annual election on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, between the hours of seven a.m. and seven p.m. The school board shall select the date o…

The board of a school district may, in odd-numbered years, choose to hold a school district election in conjunction with a regular municipal election. The combined election must be approved by the governing body of the municipality. The combined election must be held on the first…

Any other provision of this chapter notwithstanding, the board of a school district shall, in even-numbered years, hold the school board election in conjunction with the regular June primary election or the regular November general election. Expenses of a combined election must b…

The number and place of voting precincts shall be determined by the school board. Source: SDC 1939, § 15.2513; SL 1955, ch 41 , ch 9, § 15; SL 1957, ch 65 ; SDC Supp 1960, § 15.2315; SL 1975, ch 128 , § 38.

Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the school board. Members of school boards may serve on election boards. Each precinct superintendent and precinct deputy…

The business manager of the school district shall provide proper ballots, pollbooks, voting booths, and necessary supplies as required by law to the proper election officials on election day. The ballots shall be as prescribed by the State Board of Elections. The quantity of ball…

Absentee voting shall be permitted in school district elections, including school district bond elections and shall be conducted pursuant to chapter 12-19 . The school board, with the approval of the county auditor and board of county commissioners, may permit absentee ballots to…

The returns from a school district election must be certified by the precinct election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, must be placed in the custody of the school district's business manager. The business…

The pollbooks shall be opened and the election results shall be canvassed by the school board at the next meeting and certificates of election shall be issued by the business manager of the district to each successful candidate and election results shall be certified to the count…

If a tie vote exists after the canvass of the original official returns, the school board making the canvass shall certify the vote to the business manager. The business manager shall then notify the candidates that if no request for recount is made in writing to the business man…

If any candidate for the school board is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, the candidate may, within five days after completion of the official canvass, file with the business manager of the school district a…

A recount shall be conducted if, within five days after completion of the official canvass of a school district regular or special election at which a question is approved or disapproved by a margin not exceeding two percent of the total votes cast in the election, any three regi…