Title 13 — EDUCATION
92 chapters · 1,687 sections in this title.
SDCL § 13-64-14 Majority vote required--Effective date of approved decision
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No referred school board decision regarding the school sentinel program becomes operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating to the sc…
SDCL § 13-64-15 Immunity from liability
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No law enforcement officer or county sheriff, nor the Law Enforcement Officers Standards Commission, Division of Criminal Investigation, Office of Attorney General, the State of South Dakota, nor any agents, employees, or members thereof, is liable for any injury caused by, relat…
SDCL § 13-64-16 Sovereign immunity not waived
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Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees. Source: SL 2013, ch 93 , § 18.
SDCL § 13-64-2 Approval of law enforcement official required
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Before any school board may implement any school sentinel program pursuant to § 13-64-1 , or effect any material changes in the personnel or protocols of the school sentinel program, the school board shall obtain the approval of the law enforcement official who has jurisdiction o…
SDCL § 13-64-3 School sentinel training course
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Any person who acts as a school sentinel, pursuant to § 13-64-1 , shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16). Source: SL 2013, ch 93 , § 3.
SDCL § 13-64-4 School employee right to refuse to carry firearms
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No school board, in implementing the provisions of § 13-64-1 , may arm any individual teacher or other school employee without the latter's free, willing, and voluntary consent. No individual teacher or other school employee may be censured, criticized, or discriminated against f…
SDCL § 13-64-5 Permit to carry concealed weapon required
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No provision of § 13-32-7 or any other provisions of state statute is effective to restrict or limit the provisions of this chapter. However, nothing in this chapter authorizes any person to carry a concealed weapon without a valid permit. Source: SL 2013, ch 93 , § 5.
SDCL § 13-64-6 Cause of action against school board
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The failure or refusal of any school board to implement a school sentinel program does not constitute a cause of action against the board, the school district, or any of its employees. Source: SL 2013, ch 93 , § 6.
SDCL § 13-64-7 Referendum petition on school board decision
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A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the to…
SDCL § 13-64-8 Time for filing petition
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A petition to refer a school board decision pursuant to § 13-64-7 may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of t…
SDCL § 13-64-9 Contents of petition
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The petition shall contain the school board decision regarding the school sentinel program and the date of its passage. Source: SL 2013, ch 93 , § 11.
SDCL 7-18A-12
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Source: SL 2013, ch 93 , § 12.
SDCL 10-44-9
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Source: SL 2016, ch 102 , § 2; SL 2019, ch 97 , § 2.
SDCL § 13-65-1 Definitions
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Terms, as used in this chapter, mean: (1) "Certified enrollment," the K-12 enrollment data required to be submitted to the Department of Education by an accredited school by October fifteenth of each year and published by the department on the department's website; (2) "Division,…
SDCL § 13-65-10 Financial review or audit
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The auditor general may conduct either a financial review or audit of the scholarship granting organization if it possesses evidence of fraud. Source: SL 2016, ch 102 , § 10.
SDCL § 13-65-11 Applicability of chapter
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For the 2024-2025 school year and 2025 fiscal year tax credits, each scholarship granting organization shall: (1) File the report required by § 13-65-4 by July 1, 2024; and (2) Complete all participation agreements required by § 13-65-4.1 by July 1, 2024. The division shall autho…
SDCL § 13-65-12 Regulatory authority over nonpublic schools not expanded
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The program established pursuant to this chapter does not expand the regulatory authority of the state or the state's officers to impose additional regulation of nonpublic schools beyond those necessary to enforce the requirements of this chapter. Source: SL 2016, ch 102 , § 12.
SDCL § 13-65-2 Partners in education tax credit program established
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The partners in education tax credit program is hereby established. Through the program, any company that is liable to pay the insurance company premium and annuity tax, pursuant to § 10-44-2 , may claim credit for contributions made to the scholarship granting organization. The …
SDCL § 13-65-3 Limit on tax credits
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Notwithstanding the provisions of § 13-65-2 , the total amount of tax credits claimed on annual premium tax returns pursuant to this chapter may not exceed five million dollars in fiscal year 2025 and each year thereafter. Source: SL 2016, ch 102 , § 3; SL 2022, ch 50 , § 2; SL 2…
SDCL § 13-65-3.1 Tax credits reducing quarterly payments
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Any company may claim a premium tax credit as provided in § 13-65-2 to reduce quarterly payments required by §
SDCL § 13-65-3.2 Tax credits--Maximum allowable
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The division shall authorize the maximum allowable allocation of tax credits for each scholarship granting organization pursuant to § 13-65-3.3 for each calendar year, by January first of each calendar year. Source: SL 2024, ch 66 , § 5.
SDCL § 13-65-3.3 Tax credits--Calculation of maximum allowable
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The division shall calculate the maximum allowable contributions eligible for a premium tax credit for each scholarship granting organization for each fiscal year by: (1) Dividing the total certified enrollment of all qualifying schools in a participation agreement with the schol…
SDCL § 13-65-4 Requirements for scholarship granting organizations
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Each scholarship granting organization shall: (1) Annually notify the division of its intent to provide educational scholarships to eligible students attending qualifying schools; (2) Demonstrate to the division that it has been granted exemption from the federal income tax pursu…
SDCL § 13-65-4.1 Participation agreement--Requirements
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A qualifying school electing to accept scholarships from a scholarship granting organization may only enter into a participation agreement with one scholarship granting organization each school year. A participation agreement for the next school year must be completed each year b…
SDCL § 13-65-5 Annual financial information reports
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The scholarship granting organization shall demonstrate financial accountability by annually submitting to the auditor general a financial information report that complies with uniform financial accounting standards and is the result of an audit conducted by a certified public ac…
SDCL § 13-65-6 Responsibilities of eligible students and their parents
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The responsibilities of an eligible student and an eligible student's parent in participating in the program include the following: (1) An eligible student's parent shall select a qualifying school and apply for admission of the eligible student; (2) An eligible student participa…
SDCL § 13-65-7 Promulgation of rules
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The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to chapter 1-26 , establishing annual timelines for the notifications, verifications, and other procedures required of the insurance companies seeking a tax credit pursuant to §
SDCL § 13-65-8 Receipts for contributions--Reporting of each contribution
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The division shall provide a standardized format for a receipt to be issued by the scholarship granting organization to a company to indicate the value of a contribution received. The division shall require a company to provide a copy of this receipt when claiming the tax credit …
SDCL § 13-65-9 Annual report of contributions
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The division shall provide a standardized format for the scholarship granting organization to report the information in subdivision 13-65-4(10). Any information provided relating to the identity of a taxpayer that provides an eligible contribution pursuant to this chapter shall r…
SDCL § 13-66-1 Jobs for South Dakota's Graduates program--Establishment
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The Jobs for South Dakota's Graduates program is hereby established within the Department of Education. The program is a public-private partnership to prevent students who have serious barriers to high school graduation from dropping out. Source: SL 2020, ch 67 , § 1.
SDCL § 13-66-2 Conduct of program
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To carry out the program established in § 13-66-1 , the Department of Education, consistent with the policies of the nationally recognized Jobs for America's Graduates, Incorporated, shall: (1) Establish performance standards for the program; (2) Provide ongoing enhancement and i…
SDCL § 13-66-3 Special donation fund--Contributions--Use and disbursements
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There is hereby created within the state treasury the special donations fund, into which any grant, devise, bequest, donation, or gift, other than real property, made or offered for the benefit of the Jobs for South Dakota's Graduates Program shall be deposited. All moneys in the…
SDCL § 13-67-1 Athletic teams and sports--Designation by sex--Participation
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Any interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an activities association or organization, or an institution of higher education under the control of either…
SDCL § 13-67-2 Complaint--Investigation--Harm incurred by athlete
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If a student suffers direct or indirect harm as a result of a violation of § 13-67-1 , that student has a private cause of action for injunctive, mandamus, and declaratory relief, against the accredited school, school district, activities association or organization, or instituti…
SDCL § 13-67-3 Harm incurred by institution
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If an accredited school, school district, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education suffers any direct or indirect harm as a result of a violation of § 13-67-1 , that school, school district, or institu…
SDCL § 13-67-4 Limitation of actions--Attorney fees
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No governmental entity, accredited school, school district, or institution of higher education may be liable to any student for its compliance with §
SDCL § 13-67-5 Lawsuit--Public defense--Costs assumed by state
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For any lawsuit brought or any complaint filed against an accredited school, a school district, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education, or an employee, board, or a member thereof, as a result of c…