Title 13, EDUCATION

The school election information required in § 13-7-30 shall be provided within sixty days of the official canvass. Source: SL 2018, ch 91 , § 2.

A school board resolution to increase school board terms to four years or to decrease school board terms to two years, pursuant to § 13-8-2 , is subject to a referendum if five percent of the registered voters of the school district, based upon the total number of registered vote…

If a resolution to increase a school board term to four years is approved, pursuant to § 13-8-2 , the school board must designate the number of vacancies and the number of years, not exceeding four years, for each vacancy so that all succeeding elections have, insofar as practica…

If a school board has, by resolution, increased the length of terms from three to four years or decreased the length of terms from three to two years for the purpose of holding joint elections pursuant to § 13-7-10.3 , the school board may decrease the length of terms from four y…

If the board of a school district schedules an annual election on the first Tuesday after the first Monday in November, each office holder whose term was to expire earlier in that year shall have the term extended until the office holder or another candidate for the office is dul…

Registration to vote and notice of registration in school district elections shall be as provided in chapter 12-4 . Source: SL 1955, ch 41 , ch 9, § 15; SL 1957, ch 65 ; SDC Supp 1960, § 15.2315; SL 1961, ch 92 , § 24; SL 1975, ch 119 , § 18; SL 1975, ch 128 , § 31.

No person may vote at any school election unless the person is registered to vote pursuant to chapter 12-4 and resides in the school district at the time of the election. For the purposes of this section, a person resides in the school district if the person actually lives in the…

Between the fifteenth day and the thirtieth day of the month six months before the election, except in the case of the joint election as provided in § 13-7-10.1 , the business manager of each school district shall publish once each week for two consecutive weeks in the official n…

No candidate for elective school board membership may be nominated unless the candidate is a resident voter of the school district and unless the candidate files a nominating petition with the business manager of the school district. The candidate must file the nominating petitio…

The school district governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27 . Source: SL 1988, ch 60 , § 2; SL 2008, ch 67 , § 22.

If the nominating petition is from a candidate for a vacancy on a new school board within a newly created school district entity pursuant to § 13-6-62 , the nominating petition shall be circulated no more than sixty days prior to the date of the election and filed no later than t…

Any candidate who has filed a nominating petition pursuant to § 13-7-6 may withdraw from the nomination by making a written request under oath. The candidate shall file the request with the school district's business manager. The business manager may not print the name of a candi…

The business manager of the school district shall publish in the official newspaper notices of an election once each week for two consecutive weeks with the first publication not less than ten days before the election. The notice shall state the date of the coming school election…

When a special election is held to decide an issue, the business manager of the school district shall publish notices as provided in § 13-7-8 . Source: SL 1985, ch 119 , § 8.

No election may be held in a school district if: (1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and (2) No other questions are to be submitted to the voters. The business manager shall issue certificates…

If death or withdrawal of a candidate or candidates at any time prior to forty - eight hours preceding the opening of the polls in any school district election occasions that there is no contest on the ballot, that ballot need not be voted and if it constitutes the only ballot to…

The school board is an elected body created according to the laws of the state to serve as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing …

The annual meeting shall be held on the second Monday of July unless otherwise designated by the board at the prior regular meeting. Regular meetings shall be on the second Monday of each month unless otherwise designated by the board at the annual meeting. At the annual meeting …

The school board of any school district of this state or any board of education governing elementary or secondary education by a majority vote may become a member of an association with other school boards of South Dakota upon payment of the annual dues to the association by the …

Every school board member in the state shall be entitled to attend the meetings of such association, and every school board, which is a member of such association, may appoint any of its members to attend the annual, district, or regional meeting thereof with one to act as an off…

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 …