Title 13, EDUCATION

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…

Each person over eighteen years of age hired by an accredited school shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The accredited school shall submit completed…

Any accredited school employee who is employed by more than one accredited school is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional accredit…

An accredited school may refuse to employ a person, either directly or by contract, who has been convicted of a crime involving moral turpitude as defined in subdivision 22-1-2 (25). No person may be employed by an accredited school, either directly or by contract, if the person …

Any person employed by an accredited school on July 1, 2000, who remains continuously employed by the same accredited school for consecutive school years is not required to submit to a criminal background check as provided in § 13-10-12 . Source: SL 2000, ch 76 , § 3; SL 2026, ch…

If a school board or governing body of any accredited school suspends an employee or an employee resigns or is terminated as a result of a criminal conviction, the superintendent or chief administrator shall, within ten days of the date of the suspension or the date the employmen…

For purposes of §§ 13-10-12 to 13-10-16 , inclusive, the term, conviction, means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. A duly certified copy of the court record is proof of the conviction and sentence. So…

If a school district employs a school counselor, on either a full-time or part-time basis, or contracts for the services of a school counselor through an educational cooperative or other entity, that school counselor shall be certified in accordance with the standards established…

The school board shall have the power to employ personnel deemed necessary by the board and to define the duties and fix the compensation of each. Source: SDC 1939, § 15.2523 (3); SL 1939, ch 44 ; SL 1949, ch 54 , § 1; SL 1955, ch 41 , ch 16, § 1; SDC Supp 1960, § 15.3801; SL 197…

Any school board may enter into group life and group health insurance contracts, including contracts for dental and vision insurance provided by private carriers, or may self insure, for the protection and benefit of its employees, the immediate families of such employees, and fo…

Subject to the provisions of §§ 3-12C-304 and 3-12C-305 , any school board shall have the power to enter into a retirement pension agreement with its employees for their benefit and to pay any part or all of the necessary premiums therefor. Source: SL 1947, ch 81 , § 1; SL 1955, …

Such retirement pension system may be discontinued at any time by the school board of any district in which it has been established. On such discontinuance all pension payments shall be discontinued. Source: SL 1947, ch 81 , § 4; SL 1955, ch 41 , ch 16, § 19; SDC Supp 1960, § 15.…

Any school board shall have power to carry public liability insurance protecting its employed personnel against liability suits which might be brought against them for acts of negligence while performing their duties as employees of the school district. Source: SL 1953, ch 55 , §…

In implementing the terms of § 13-11-9 , a separate weighted average tax levy of the receiving districts shall be calculated for agricultural property, owner-occupied single-family dwelling property, and for nonagricultural property for each sending school district as follows: (1…

The money raised by the levy provided in § 13-11-9 shall be used to fund any budget expense of the sending district, and the remaining balance shall be paid by the county treasurer on a pro rata basis for each child to the business manager for the adjoining in - state school dist…

The period of July 1, 1996, to December 31, 1996, shall be known as the 1996B school fiscal half - year. Source: SL 1995, ch 94 , § 2.

If a final judgment is obtained against any school district, the school board shall levy a tax upon the taxable property in the school district for the payment of the judgment and the tax shall be collected as other school taxes. The tax may not be greater than one - half percent…

If the school board refuses or fails to levy the tax required by § 13-11-13 , the judgment creditor may apply to the board of county commissioners, who shall levy the tax upon the property of the school district. When collected the money shall be paid by the county auditor to the…

The school board shall prepare a proposed budget for the next fiscal year according to the budgeting standards prescribed by the auditor general for consideration not later than the regular meeting in the month of May. The proposed budget shall be published in the designated offi…

In preparing the school district budget, the school board may include a line item for contingencies. The line item shall be included in the annual budget and shall not exceed five percent of the total school district budget. The school board may by resolution transfer contingency…

The school district shall report the amount budgeted to the county auditor before October first on forms prescribed by the county auditor. The county auditor shall spread a levy in dollars and cents over the taxable property of the school district sufficient to raise the money re…

Subsequent to final adoption of the budget, the school board, upon adoption of a resolution setting forth the source of funds and the intended purpose for their use, may amend the budget to utilize available unobligated resources. Source: SL 1975, ch 131 , § 1; SL 1977, ch 119 , …

The levy as determined by the state superintendent shall be subject to the legal dollars and cents limitations as applied against equalized taxable values. Source: SL 1986, ch 126 , § 5.

Any unobligated surplus fund in the treasury of the school district at the end of the fiscal year may be appropriated to the payment of a judgment. Source: SL 1955, ch 41 , ch 10, § 37; SDC Supp 1960, § 15.2237; SL 1975, ch 128 , § 77.

The county auditor shall transfer, by the twentieth day of the month, all money received during the prior month on behalf of each school district to each district. Any county failing to distribute the receipts within the time prescribed is subject to an interest charge of one per…

The school board may by resolution at its first meeting in July encumber that portion of the unexpended budget from the prior fiscal year for which legal obligations were incurred but were not paid. The resolution shall state the budget account and amount encumbered. The business…

For any school district that is sending its students to an adjoining school district pursuant to § 13-15-1.3 , the county auditor shall spread a levy over the taxable property of the sending school district sufficient to raise the sending school district's tax levy per one thousa…

The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3 , shall apportion the school funds as follows: the commissioner shall ascertain from the division of education the total number of resident pupils in average daily membe…

The individual school district average daily membership as calculated by the Department of Education for distribution of school and public lands funds may not include pupils for whom the school district receives tuition, shall include pupils for whom the district pays tuition, an…

Any records related to the reporting of fall enrollment of a public school district shall be subject to examination by the Department of Education at all times. Source: SL 1996, ch 69 , § 10; SL 2003, ch 272 , § 63; SL 2007, ch 93 , § 13.

If, in the department's examination of fall enrollment, it is determined that the data was overreported, the department shall recover the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment …

The education funding terms and procedures referenced in this chapter are defined as follows: (1) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are…

For the purposes of § 13-13-10.9 , the terms, industrial, and, economic development, include only those areas where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the real…

The assessed value as determined in § 13-13-10.1 of any property in a tax increment financing district formed on or before December 31, 1994, and created pursuant to chapter 11-9 is the tax increment base, as defined in § 11-9-19 until the district ceases to exist as provided in …

For the purposes of § 13-13-10.1 , a student is enrolled if: (1) The student is less than twenty-one years of age on the first day of July or meets the requirements of § 13-28-5 and 13-28-6 ; (2) The student has not completed an approved program or graduated from high school; (3)…

For purposes of state aid to education, a student enrolled pursuant to § 13-28-41 or 13-28-51 shall be counted in a school's fall enrollment as defined in § 13-13-10.1 in a proportion equal to the share of the student's enrollment in the school. Source: SL 2007, ch 101 , § 2; SL …

For purposes of this chapter, the assessed value of any real property in a tax increment financing district created pursuant to chapter 11-9 is the total assessed value of the real property as determined by the Department of Revenue pursuant to § 11-9-24 , until the tax increment…

The provisions of subdivision 10-12-44(1) that require the county auditor to raise additional revenue from real property taxes for the general fund and special education fund of any school district located in a tax increment financing district and the provisions of § 13-13-10.8 ,…

It is the purpose of §§ 13-13-10.1 to 13-13-41 , inclusive, to establish a procedure for the distribution of state funds to local school districts. The following subdivisions are hereby declared to be the policy of this state: (1) Education is a state and local function; (2) No o…

For the purposes of distributing state aid to special education under the provisions of § 13-37-36.1 , funds received from the federal government under Title VIII of the Elementary and Secondary Education Act funds add on for children with disabilities shall be deposited into the…

The eligibility of a school district to share in state aid to education funds shall be determined as provided by §§ 13-13-14 to 13-13-19 , inclusive. Source: SL 1959, ch 67 ; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76 ; SL 1963, ch 77 ; SL 1969, ch 44 , § 4; SL 2015, ch 89 , § …

In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated one or more attendance centers during the previous school fiscal year for the entire school term as provided by law. Source: SL 1959, ch 67 ; SDC Supp…

In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated only accredited public schools, as defined by the South Dakota Board of Education Standards, during the previous school fiscal year. Source: SDC Supp …

A newly reorganized school district which has become a new entity as of July first of the school fiscal year in which state aid to education payments are distributed will be considered eligible for general support payments regardless of the requirements for eligibility as set for…

An itemized statement of the apportionment when made as provided in § 13-13-1 shall be delivered by the commissioner of school and public lands to the state auditor, who shall thereupon draw his warrant on the state treasury for the amounts designated on the statement so furnishe…

For any structure given a reduced value pursuant to § 10-6-137 , the portion of actual assessed value of the property used when calculating state aid to education must be twenty percent in the first year, forty percent in the second year, sixty percent in the third year, eighty p…