Title 13 — EDUCATION

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Repealed by SL 1973, ch 85 , § 43 13-6-41 Special election called on state approval of plan--Eligibility to vote. 13-6-41.1 Election on dissolution of district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…

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…