Title 13 — EDUCATION

13-10-2.1

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 school district employee who is employed by more than one school district 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 school distr…

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 a South Dakota school district on July 1, 2000, who remains continuously employed by the same South Dakota school district for consecutive school years is not required to submit to a criminal background check as provided in §

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…

Source: SL 2016, ch 83 , § 25, eff. July 1, 2020.

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…

13-10-4 Retirement pension agreement with employees--Premiums. 13-10-5

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, …

Repealed by SL 1975, ch 128 , § 377 13-10-6

Jan. 1, 2017. 13-10-7

13-10-8 Discontinuance of retirement system by board. 13-10-9 Liability insurance for protection of employees. 13-10-10 13-10-10 , 13-10-11. Repealed by SL 1995, ch 87 , § 29 13-10-12 Criminal background investigation--Prospective employees, technical college instructors, and stu…

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 , §…

Source: SL 2000, ch 76 , § 4; SL 2003, ch 272 , § 63.

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. 13-11-5, 13-11-6. Repealed by SL 1995, ch 94…

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…

However, for wind energy tax revenue apportioned to a school district from a wind farm producing power for the first time after June 30, 2016, one hundred percent must be retained by the school district to which the tax revenue is apportioned for the first five years of producing…

Source: SL 2018, ch 70 , § 3.

For the purposes of this chapter, the term, industrial, includes only those activities generally recognized as industrial by zoning authorities within the state, including any factory or any business engaged primarily in the manufacturing or assembly of goods, the processing of r…

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 …

13-13-1.9

13-13-2 Payments to school districts of permanent school fund income. 13-13-3 Withholding of permanent school fund income from districts in default on obligation to school fund. 13-13-4 Sources of county general school fund. 13-13-5 Report and distribution of county general schoo…

13-13-10.2 Assessed value of property in tax increment financing district created before July 1, 2018--Districts created for industrial or economic development purposes. 13-13-10.3

For purposes of this chapter, the assessed value of any real property in a tax increment financing district created for industrial, economic development, or affordable housing purposes is the tax increment base as defined in §

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 …

Mar. 17, 2011. 13-13-10.4 Enrolled student defined. 13-13-10.5 Student enrolled on partial basis--Effect on fall enrollment. 13-13-10.6 Repealed by SL 2012, ch 87 , §§ 6, 7. 13-13-10.8 Assessed value of property in tax increment financing district created after June 30, 2018. 13-…

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…

For the purposes of § 13-13-10.9 , affordable housing is only those tax increment financing districts where: (1) The original selling price of any house in the district will be at or below the first-time homebuyer purchase price limit being used by the South Dakota Housing Develo…