Title 13, EDUCATION

Any school governing body, or other agency operating a school aggrieved by an order issued pursuant to § 13-25-7 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety a copy of the demand. The secretary of public safety shall set a…

If any school governing body or other agency operating a school fails to comply with the order provided by § 13-25-7 , and fails to demand a hearing, as is provided in § 13-25-8.1 , after the time for the hearing demand has expired, or the time to comply with the order has passed…

The school fiscal year shall begin July first and end June thirtieth. Each local school board shall set the number of days in a school term, the length of a school day, and the number of school days in a school week. The local school board or governing body shall establish the nu…

The amount of instructional time spent to administer statewide academic assessments required pursuant to § 13-3-55 in any school district in any school year may not exceed two percent of the total number of instructional hours required in a school year pursuant to § 13-26-1 . Sou…

A petition to refer a school board decision 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 the school district for…

The petition shall contain the school board decision regarding the opening day of classes and the date of its passage. Source: SL 1993, ch 133 , § 4.

Voters signing a referendum petition under § 13-26-9 shall comply with the same requirements provided for counties under § 7-18A-11 , and the petition shall be verified in the same manner as provided for counties in § 7-18A-12 . Source: SL 1993, ch 133 , § 5.

The election shall be held with the regular school district election. Source: SL 1993, ch 133 , § 6.

The business manager of the school district shall have the entire referred decision published once a week for two successive weeks immediately preceding the election. The publication shall include a notice stating the date of election. Source: SL 1993, ch 133 , § 7.

The business manager of the school district shall have ballots printed for the vote upon the referred school board decision and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of que…

No referred school board decision regarding the opening day of classes shall become 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 there…

If a school board authorizes year - round school pursuant to § 13-26-2 , the school board's decision to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters pursuant to § 13-26-9 . I…

The school board or governing body shall operate kindergarten through grade twelve in its schools. The school board shall operate grades one through twelve for at least a nine-month regular term in any one school year, and the number of hours in a school term for kindergarten sha…

A school may have teacher - parent conferences during the school year and not more than 16.5 hours may be counted as hours in session. Source: SDC Supp 1960, § 15.3009 as added by SL 1967, ch 44 ; SL 1973, ch 94 ; SL 1975, ch 128 , § 167; SL 1985, ch 129 , § 2; SL 1986, ch 122 , …

Source: SDC 1939, § 15.3003; SL 1955, ch 41 , ch 12, § 9; SDC Supp 1960, § 15.3009; SL 1963, ch 83 ; SL 1979, ch 117 , § 2; SL 1984, ch 118 ; SL 1985, ch 129 , § 1; SL 1986, ch 122 , §§ 1, 2; SL 1990, ch 122 , § 9; SL 1990, ch 124 ; SL 1991, ch 140 ; SL 1991, ch 141 ; SL 1992, ch…

The provisions of §§ 13-26-2 and 13-26-4 shall not apply to adult education schools, summer schools, kindergartens, and nursery schools. Source: SL 1955, ch 41 , ch 12, § 9; SDC Supp 1960, § 15.3009; SL 1963, ch 83 .

A decision by a school board to schedule the opening day of classes before the first Tuesday following the first Monday in September 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 voter…

A parent, guardian, or other custodian of a child, who is not younger than five or older than six by the first day of September, or any child who, by the first day of September, is at least six years old, shall cause the child to regularly attend a public or nonpublic school or r…

A child of compulsory school age who has successfully completed the first eight grades is excused from compulsory school attendance under § 13-27-1 if: (1) The child or the parents of the child are members of a recognized church or religious denomination that objects to the regul…

The Department of Education may promulgate rules, pursuant to chapter 1-26 , to establish high school equivalency testing procedures for children who take the test pursuant to § 13-27-1 . Source: SL 2009, ch 83 , § 5; SL 2017, ch 77 , § 2.

A child may withdraw from attending a school at the age of seventeen if the child has the written consent of a parent, guardian, or other custodian. The school district shall keep the documentation presented pursuant to this section. The school district shall forward a copy of th…

A child who is at least sixteen years old may enroll in a school-based or school-contracted high school equivalency test preparation program or take the high school equivalency test if the child presents any one of the following: (1) The written consent of a parent, guardian, or …

Any person having control of a child of compulsory school age who fails to have the child attend school, as required by the provisions of this title, or provide alternative instruction pursuant to § 13-27-3 , is guilty of a Class 2 misdemeanor for the first offense. For each subs…

The school board of each school district shall annually appoint and provide for the remuneration of one or more truancy officers, to enforce, under the school board's direction, the compulsory attendance laws within the district. In a school district failing to provide a truancy …

Each superintendent, or the president of the school board in districts without a superintendent, is responsible for maintaining an accurate record of the attendance of all individuals of compulsory school age who are enrolled in an accredited school under the supervision of the s…

The board of a school district shall warn a noncompliant parent, guardian, or other custodian of a child of compulsory school age who has not been excused, withdrawn pursuant to § 13-27-1.3 , or successfully completed a high school equivalency test pursuant to § 13-27-1.4 , that …

Each truancy officer shall carefully check the attendance and nonattendance of all persons required by law to attend school in the district or districts within his jurisdiction and shall keep an accurate record of those persons not in attendance or whose attendance is irregular. …

It is a Class 2 misdemeanor if: (1) A superintendent or school board president fails to make prompt reports on attendance as required by law; (2) The members of a school board neglect or refuse to provide school facilities for children enrolled in their school district for at lea…

A truancy officer has the powers of a deputy sheriff in the exercise of the officer's duties, and may apprehend without warrant a child of compulsory school age who is absent from the place in which the child is enrolled and required by law to attend, unless the child: (1) Is exc…

A school board of any school district may excuse a child from public school attendance for the reasons set forth in §§ 13-27-6 and 13-27-6 .1. Source: SDC 1939, § 15.3202; SL 1955, ch 41 , ch 15, § 2; SL 1971, ch 116 , § 1; SL 1981, ch 141 , § 1; SL 1995, ch 97 , § 1; SL 2011, ch…

Each truancy officer shall make and file truancy complaints for children who are enrolled in the school district. Any teacher, school officer, or citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsor…

Upon filing of a complaint, the judge of a circuit court shall issue a warrant of arrest to the sheriff of the county directing him to bring the defendant before the court and to summon witnesses required to ascertain the facts in the case. Source: SDC 1939, § 15.3206; SL 1955, c…

If the judge finds the defendant guilty, he shall invoke the penal provisions of § 13-27-11 upon the defendant. Source: SL 1955, ch 41 , ch 15, § 6; SDC Supp 1960, § 15.3206; SL 1982, ch 142 , § 11.

Any parent, guardian, or person in charge of a child, who refuses or neglects to obey any order of a circuit judge made as provided in this chapter, is, in addition to the penal provisions of § 13-27-11 , guilty of contempt of court. Source: SDC 1939, § 55.4204; SL 1975, ch 128 ,…

If a child of compulsory school age has been attending an unaccredited school in another state or country or has been receiving alternative instruction pursuant to § 13-27-3 enrolls in a public school in this state, the child shall be placed at the child's demonstrated level of p…

Upon a filing of a notification with either the Department of Education or the local district from the parent, or guardian, or other person having control of a child, the Department of Education or the local district has been notified that the child is being provided with alterna…

Any person who is required pursuant to § 13-27-1 to cause any child to attend any public or nonpublic school in this state shall, either at the time of enrollment in any school in this state or within thirty days of initial enrollment, provide the public or nonpublic school with …

Any copy of any certified birth certificate provided pursuant to § 13-27-3.1 shall be maintained by the public or nonpublic school and shall be a part of the child's permanent cumulative school record. Source: SL 1988, ch 142 , § 2; SL 2000, ch 81 , § 2; SL 2021, ch 76 , § 5.

The superintendent of any public or nonpublic school or any person who provides alternative instruction in this state who maintains a child's permanent cumulative school record shall within thirty days of enrollment report to the school board of the district the name and address …

Notwithstanding § 34-25-52 , the department of health or the local registrar of vital records shall provide a certified copy of any child's birth certificate at no cost if the person requesting the certificate pursuant to § 13-27-3.1 is eligible to receive temporary assistance fo…

A school board may excuse a child from school attendance, pursuant to § 13-27-2 , because of serious illness in his immediate family, making his presence at home an actual necessity, or his presence in school a menace to the health of other pupils. The school board may require th…

An elementary and secondary student is eligible to be counted for school attendance up to five days in a school term if an excuse from actual school attendance is requested by a parent or guardian for the purpose of attending events of state or nationally recognized youth program…

Each notification of alternative instruction pursuant to § 13-27-3 shall be on a standard form that declares that the child will be provided with alternative instruction per § 13-27-3 . The completed form must contain the child's name, birthdate, resident district, and open enrol…

Any parent or guardian of a student denied a certificate pursuant to §§ 13-27-6 and 13-27-6 .1 who is dissatisfied with the decision of the school board may appeal the matter to the South Dakota Board of Education Standards who shall conduct a hearing pursuant to chapter 1-26 . T…

A permanent record of all certificates of excuse, pursuant to §§ 13-27-6 and 13-27-6 .1, shall be kept in some safe place as determined by the school board. Copies of any certificate of excuse shall be forwarded to the secretary of the Department of Education. Copies of any certi…

As used in this title, a student is enrolled if: (1) The student is less than twenty-one years of age on the first day of July or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8 ; and (2) The student has not completed a…