Title 13, EDUCATION

If an emergency maintenance need arises caused by wind, hail, fire, theft, explosion, deterioration resulting in sudden destruction to a vital piece of school equipment, or a traffic accident which would necessitate the closing of school while the school would otherwise be in ses…

A school board is authorized to purchase facilities, equipment, and supplies from another school district without advertising for bids as provided in § 13-20-3 . Source: SL 1955, ch 41 , ch 11, § 9; SL 1959, ch 68 , § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39 ; SL 1975, ch 128 …

The purchase of copyrighted material need not be submitted for bids as provided in § 13-20-3 and chapter 5-18A if only one company publishes the copyrighted material to be purchased. Source: SL 1959, ch 68 , § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39 ; SL 1975, ch 128 , § 134;…

If supplies or equipment are to be purchased, a school board advertising pursuant to § 13-20-3 may require a reasonable deposit guaranteeing the execution of contract and the furnishing of a performance bond by the successful bidder in accordance with chapters 5-18A and 5-21 . Th…

If school facilities are to be built or remodeled or improvements are to be made to school sites, the school board advertising pursuant to § 13-20-3 shall require a reasonable deposit guaranteeing the execution of the contract and the furnishing of a performance bond by the succe…

In case of the remodeling or erection of any facility, or addition thereto, the school board of the district shall be authorized to employ a competent person on behalf of the district to superintend such construction or remodeling and it shall be the duty of the contractor to con…

Any school district library may discard over - duplicated, outdated, inappropriate, or worn library materials; provided, that such materials shall be marked clearly with the words: "Discarded, __________ School District Library" wherever the property label of such library appears…

All instruments of conveyance of real property made by any school district prior to January 1, 1992, are, notwithstanding any omission, irregularities, or defects in the proceedings and resolutions had and taken by the school district to sell and convey real property, hereby vali…

Any school district which has conducted proceedings for the sale of real property entitling a purchaser to a conveyance is authorized as a successor district in reorganization to execute the conveyances to the purchaser or purchasers, vesting in the purchasers all title that the …

The school board shall have the power to establish and discontinue attendance centers by resolution of the board. An action to close an operating school shall be taken by December first prior to the closure. However, if an emergency exists, the board may close the school after no…

A school board may establish an attendance center outside the boundaries of its school district that is within the boundaries of another school district only when both school districts have entered into a joint powers agreement pursuant to chapter 1-24 to provide instruction to t…

The operation of an attendance center under the authority of §§ 13-23-10 to 13-23-12 , inclusive, does not affect the operation or authority of any other type of organization to provide an education such as a cooperative educational learning unit or a virtual school. Source: SL 2…

A joint powers agreement to operate an attendance center not owned by the school district within the boundaries of another school district is not required for any attendance center that was established before January 1, 2016. Source: SL 2016, ch 87 , § 3.

The voters of the school district shall have the power to direct the school board to either establish or discontinue an attendance center by holding a special election as provided in § 13-23-3 , but the voters are limited in their power as the school board is limited by law in pr…

The school board may submit the question of discontinuing an attendance center for the next school fiscal year to a vote of the people upon resolution of the board, and shall submit such question to a vote of the people upon the filing of a petition on or before January fifteenth…

The school board of a school district shall have authority to purchase or lease land for school purposes, subject to the rules for the use of such land as adopted by the South Dakota Board of Education Standards. Source: SL 1945, ch 67 ; SL 1955, ch 41 , ch 11, § 1; SDC Supp 1960…

Any school board shall have authority to lease equipment, teacherages, buildings, or other real estate and personal property for a period of not to exceed thirty years. The proposed aggregate lease payments provided for under a lease agreement shall be subject to the statutory bi…

Any school board shall have the power and duty to properly equip, provide for the proper maintenance and preservation, and keep in necessary repair all of said buildings and any playgrounds and athletic fields the district might acquire. Source: SL 1955, ch 41 , ch 11, § 5; SDC S…

It shall be the duty of every school board and the governing body of nonpublic schools to provide for the health conditions of the school by furnishing each school with sanitary facilities and a supply of water suitable for drinking, and to maintain sanitary conditions, and to in…

All school boards are authorized and required to erect and maintain upon each public school building or upon the grounds surrounding the same, a good and sufficient flagstaff or pole, together with all necessary appliances, and to provide a United States flag of not less than thr…

An object or document containing the words of the Ten Commandments may be displayed in any public school classroom, public school building, or at any public school event, along with other objects and documents of cultural, legal, or historical significance that have formed and in…

The right to post the United States flag shall not be limited or infringed upon in any public school classroom, public school building, at any public school event, or on any public school uniform. Each school district shall provide students the opportunity to salute the United St…

In the purchase of any land lawfully authorized, as provided in § 13-24-1 , in case the school board is unable to agree with the owners of such land on the purchase price thereof, the board is authorized to damage, acquire, and condemn such private property for the public purpose…

The school board may grant the use of school facilities, computers, motor vehicles, or land belonging to the school district for any purposes which it considers advisable as a community service for such compensation as it determines. The use may also include a contract with a ven…

Any school board may charge a fee to students or others for parking their motor vehicles in or on parking facilities provided by the school district. Source: SL 1987, ch 139 , §§ 1, 2; SL 1995, ch 96 .

Representatives of a patriotic society shall be allowed to speak to students during regular school hours at each public school in the state during the first quarter of each academic school year. The patriotic society shall provide the school principal with verbal or written notic…

Beginning in the 2019-2020 school year, the national motto of the United States, "In God We Trust," shall be displayed in each public school. The display shall be located in a prominent location within each public school. The display may take the form of a mounted plaque, student…

For any lawsuit brought or any complaint filed against a school district, an employee of a school district, the board of a school district, or a member thereof as a result of a school district displaying the national motto of the United States in accordance with § 13-24-23 , the …

Whenever land under the jurisdiction of the commissioner of school and public lands has been lawfully selected and authorized for purchase, as herein provided, located on a section line or a regularly established highway at one corner of a legal subdivision not within forty rods …

Any school district and the State of South Dakota, any municipality, organized township, or county within or partly within the boundaries of the school district may transfer, exchange, or convey land and properties belonging to them and under their jurisdiction upon terms and con…

The school board of any school district in this state is hereby authorized and empowered to lease its grounds, or any part thereof, for oil and gas exploration and development, for a primary term not to exceed ten years and as long thereafter as oil or gas is or can be produced. …

Any such oil and gas lease may provide, or said board by subsequent contract may agree, that the lessee and his assigns shall have the right and power to consolidate the land covered by said lease with other adjoining land for the purpose of joint development and operation of the…

All such leases and the occupancy thereunder of the lands leased shall not interfere materially with the purposes for which said lands are used and occupied by the school district. Source: SL 1941, ch 72 , § 2; SL 1955, ch 41 , ch 11, § 4; SDC Supp 1960, § 15.2104.

All moneys arising from such leases or the production of oil or gas thereunder shall become a part of the general funds of such school district. Source: SL 1941, ch 72 , § 3; SL 1955, ch 41 , ch 11, § 4; SDC Supp 1960, § 15.2104.

Any school board shall have power to erect, purchase, lease, rent, sell, equip, and move schoolhouses, dormitories, dwellings for teachers' homes, and other structures, fences, or other enclosure as the board shall deem necessary subject to the limitations as provided by law; pro…

In addition to all other requirements provided by law, every public or nonpublic school, or private institution operating a school shall be subject to the provisions of this chapter and shall be constructed, equipped, operated, and maintained in a safe condition so as to provide …

Each school board shall have evacuation drills in each school under their jurisdiction. There shall be at least two fire exit drills each semester of the school year in schools through grade twelve. During such drills all personnel and all pupils shall completely leave the buildi…

All public school districts shall install state approved fire alarm equipment in all public school attendance centers which shall be connected so that on - site alarms and fire department notification shall automatically be instituted in the event of fire. The alarm systems requi…

If the state fire marshal finds that due to the remote location of the public school attendance center the response time of the local fire department makes saving the attendance center from extensive fire damage unlikely, he may exempt certain remote small public school attendanc…

The State Fire Marshal may adopt rules, pursuant to chapter 1-26 , for the implementation of §§ 13-25-11 to 13-25-13 , inclusive. Source: SL 1986, ch 128 , § 2; SL 1991, ch 139 , § 10; SL 2004, ch 17 , § 24.

If the school board or other governing agency finds it is difficult to comply with the requirements due to financial circumstances, application may be made to the State Fire Marshal for an extension of time in which to comply with this chapter. The request shall be made in writin…

For new construction after July 1, 2016, any rules adopted by the Department of Public Safety shall use as a basis for their development the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards wh…

Nothing in this chapter shall preclude the director from entering into an agreement with a first class municipality to conduct an inspection so long as he is satisfied that the inspection will meet the standards of the division. Source: SL 1991, ch 139 , § 12B.

The state fire marshal may summarily abate any condition that presents a fire hazard as defined in subdivision 34-29B-1(7) and which constitutes an immediate threat to life safety. Source: SL 1994, ch 119 .

The secretary of public safety may promulgate rules in accordance with chapter 1-26 to protect the health and safety of persons from fire and like emergencies in order to facilitate and implement the purposes of this chapter. Source: SL 1959, ch 217 , § 7; SDC Supp 1960, § 31.04C…

The State Fire Marshal may make inspection of all school buildings, auditoriums, gymnasiums, dormitories, shops, or other buildings operated as a part of or in conjunction with school activities of any school, public or nonpublic, whether owned by the school or not. Source: SL 19…