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South Dakota Statutes, Title 13

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South Dakota/Statutes

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Title 13, EDUCATION

92 chapters · 1,362 sections in this title.

All chapters in Title 131,362 Ch 55, SCHOLARSHIPS AND FREE TUITION AT STA…70 Ch 53, ADMINISTRATION OF STATE INSTITUTIONS63 Ch 6, SCHOOL DISTRICT REORGANIZATION56 Ch 13, GENERAL STATE AID TO SCHOOLS54 Ch 37, SPECIAL ASSISTANCE AND RELATED SERVICES51 Ch 49, STATE BOARD OF REGENTS50 Ch 39A, SOUTH DAKOTA BOARD OF TECHNICAL EDUC…46 Ch 28, SCHOOL ATTENDANCE PRIVILEGES AND TUITION44 Ch 51A, BOARD OF REGENTS REVENUE BONDS44 Ch 43, EMPLOYMENT OF TEACHERS43 Ch 16, SCHOOL DISTRICT FUNDS AND ACCOUNTS42 Ch 3, DUTIES OF SECRETARY OF EDUCATION39 Ch 42, CERTIFICATION AND EVALUATION OF TEAC…36 Ch 8, SCHOOL BOARDS AND SCHOOL DISTRICT OF…35

1,362 sections·Filtered byTitle 13✕

SDCL § 13-3-66 Achievement standards established
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Four levels of academic achievement shall be defined, including a proficient level, and shall be known as South Dakota's achievement standards. The four levels shall be used to categorize public schools and public school districts based on the comparison of their achievement leve…
SDCL § 13-3-67 Interventions--Ranking
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The state accountability system shall include interventions for schools in the form of sanctions, rewards, and recognition. The interventions shall be based on the school's ranking on the state's achievement standards and additional indicators. Source: SL 2003, ch 90 , § 6; SL 20…
SDCL § 13-3-68 Department of Education to implement and administer state accountability system
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The state accountability system will be implemented and administered by the Department of Education. Source: SL 2003, ch 90 , § 7; SL 2003, ch 272 , § 63.
SDCL § 13-3-69 Promulgation of rules to establish state accountability system
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The South Dakota Board of Education Standards may promulgate administrative rules pursuant to chapter 1-26 to establish the state accountability system based on achievement and other indicators including: (1) A definition of academic progress; (2) The method of calculating yearly…

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SDCL § 13-3-84 Partially enrolled student required to take academic achievement test

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If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-28-51 , and the student's enrollment is equal to or greater than fifty percent, that student is required to take any academic achievement test administered by the school district pursuant to § 13…

SDCL § 13-3-89 Public hearings prior to adoption of content standards--Quorum

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The Board of Education Standards, prior to adopting content standards pursuant to § 13-3-48 , shall conduct, over a period of no less than six months, at least four public hearings. The purpose of the hearings is to give members of the public the opportunity to provide input to t…

SDCL § 13-3-90 Notice of intent to receive public comment and testimony--Notice of hearings

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In addition to complying with the requirements of chapter 1-25 , the Board of Education Standards shall, at least thirty days prior to each public hearing, publish notice of the intent to receive public comment and testimony concerning the adoption and implementation of content s…

SDCL § 13-3-91 Cardiopulmonary resuscitation skills to be included in school curriculum

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The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use …

SDCL § 13-3-92 Cardiopulmonary resuscitation training resources

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Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction. Source: SL 2…

SDCL § 13-3-93 Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature

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The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what…

SDCL § 13-3-94 Programs that may be used for cardiopulmonary resuscitation instruction

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To provide the instruction required in § 13-3-91 , the school board or governing body shall use either of the following: (1) An instructional program developed by the American Heart Association or the American Red Cross; or (2) An instructional program that is nationally recogniz…

SDCL § 13-3-95 CPR and AED instructors

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A certified teacher is not required to be an authorized CPR or AED instructor to facilitate, provide, or oversee the instruction required in § 13-3-94 . However, any CPR course that results in the students earning a CPR course completion card shall be taught by an authorized CPR …

SDCL § 13-3-96 Annual survey of schools

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The Department of Education shall annually conduct a survey of each applicable school to determine compliance with the requirements of §§ 13-3-91 , 13-3-94 , and 13-3-95 . Source: SL 2017, ch 75 , § 4.

SDCL § 13-3-97 Waivers that affect school accountability

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If United States Department of Education waivers that affect school accountability calculations are in place due to a nationally declared emergency, the secretary of education may waive compliance with §§ 13-3-55 and 13-3-62 to 13-3-65 , inclusive, through December 31, 2024. Sour…

SDCL § 13-3-98 Prenatal human development--Required instruction

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The South Dakota Board of Education Standards shall recommend resources for age-appropriate and research-based instruction in prenatal human growth and development. A school district shall use the resources recommended by the board in providing a health or science curriculum. Sou…

SDCL § 13-3-99 Prenatal human development--Required instruction--Contents

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The instruction in prenatal human growth and development required under § 13-3-98 must include: (1) A high-definition ultrasound video that shows the presence of the brain, heart, and other major organs as they appear at various stages of prenatal development; and (2) A high-qual…

SDCL § 13-5-1 School districts defined--General corporate and proprietary powers

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Any territory organized for the express purpose of operating not less than a thirteen - year school program and governed by an elected school board is defined to be a school district. It may sue and be sued, contract and be contracted with, purchase, hold, and use personal and re…

SDCL § 13-5-14 School districts overlapping county boundaries--County determined by residence of majority

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For the purposes of this title, a school district which overlaps boundaries of a county is considered to be in that county where the majority of the children belonging to the district reside as determined by the fall submission of student enrollment data, and when once establishe…

SDCL § 13-5-15 School districts as corporations--Form of name

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Every school district shall constitute a school corporation under the name of "__________ School District, No. __________ of __________ County, South Dakota." Source: SDC 1939, § 15.2303; SL 1955, ch 41 , ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1963, ch 69 , § 3; SL 1974, ch 125 …

SDCL § 13-5-16 Naming and numbering of school districts

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The first blank in the name of the school district as prescribed by § 13-5-15 shall be filled by the name which the district had previous to the adoption of this chapter. For all school districts newly created the first blank shall be filled by the name of any municipal corporati…

SDCL § 13-5-17 Recording of school district names, numbers and boundaries--Duplicate names prohibited

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Each school district name and number and a description of the district's boundaries shall be recorded in the office of the secretary of the Department of Education. The secretary shall refuse to record as the name of any district a name which has been previously chosen and record…

SDCL § 13-5-17.1 Change of name of school district--Petition--Notice--Hearing--Report of new name to secretary

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A school board may propose to change the name of the school district or the residents of a school district may propose to change the name of a school district by submitting to the school board a petition signed by fifteen percent of the registered voters of the school district. A…

SDCL § 13-5-2 Types of school districts abolished--New boards for former superimposed districts

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All types of school districts existing before July 1, 1976, are hereby abolished. Each independent and superimposed school district with its present boundaries shall hereby become a school district as defined in this chapter. Board members of former independent school districts s…

SDCL § 13-5-29 Vested contract rights not impaired

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None of the provisions of this title shall in any manner be construed to abrogate or impair any vested rights under any preexisting contract. Source: SL 1955, ch 41 , ch 18, § 3; SDC Supp 1960, § 15.4003.

SDCL § 13-5-31 Cooperative educational service units

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A cooperative education service unit is a legal entity. It is the intent of the Legislature to encourage maximum utilization of cooperative efforts among school districts in an effort to maximize educational excellence in this state and to permit cooperative efforts between schoo…

SDCL § 13-5-32 Cooperative educational service units--Powers--Authorization to issue notes

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A cooperative educational service unit may carry out the services stated in the cooperative agreement but may not levy taxes or issue bonds. However, a cooperative educational service unit may issue notes to be sold to the health and educational facilities authority or otherwise …

SDCL § 13-5-32.1 Cooperative educational service units--Purpose--Acquiring, leasing and selling real and personal property--Agreement establishing units

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Cooperative educational service units shall serve the public purpose of providing services to member districts and any other public or private entities deemed appropriate by a majority vote of the cooperative's governing board. Each cooperative educational service unit shall be e…

SDCL § 13-5-33 Cooperative educational service units--Compliance with school district requirements and budget procedures

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Cooperative service units created pursuant to this chapter shall comply with school district requirements regarding bookkeeping, record maintenance, board meetings, publication of minutes, health and safety requirements, bid laws. Cooperative service units shall comply with budge…

SDCL § 13-5-33.1 Limitations on authority of cooperative educational service units to issue notes

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Any cooperative educational service unit shall have the same powers and rights as school boards and school districts under chapter 13-19 except that any notes or other obligations issued by a cooperative educational service unit pursuant to this authorization shall be sold in con…

SDCL § 13-5-33.2 Cooperative education service units to file annual audit and disclosure statements

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Cooperative education service units organized pursuant to this chapter shall file annually with the Department of Education audits of their operation and disclosure statements of all funding sources. Source: SL 1999, ch 80 , § 5; SL 2003, ch 272 , § 63.

SDCL § 13-5-34 Application procedure by school district for waiver from compliance with administrative rules--School reform plan

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School districts may apply for waivers from compliance with state administrative rules which a majority of the local school board agrees limit its ability to make specified reforms and are unnecessary for maintaining the quality of education within the school district. Prior to a…

SDCL § 13-5-35 Formation of new school district--Requirements

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No school district may be formed after July 1, 1998, unless it operates both an elementary and a secondary school within the boundaries of the district. Source: SL 1998, ch 89 , § 1.

SDCL § 13-6-1 Definition of terms

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Terms used in this chapter mean: (1) "Joint district," a school district having territory in two or more adjoining counties. Jurisdiction within a joint district is determined as provided in § 13-5-14 ; (2) "Party," any person or municipality interested in any proceedings under t…

SDCL § 13-6-1.1 Validation of past reorganization proceedings--Disputed proceedings excepted

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All proceedings for the reorganization of school districts prior to July 1, 1992, are hereby declared legal and valid, notwithstanding any irregularity or defect, other than a constitutional defect, in the reorganization or creation of such school districts. However, the validati…

SDCL § 13-6-10 Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters

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If the school board or the voters of two or more districts or parts of districts express a desire to consolidate their respective districts to create a new entity; or the school board or the voters of an existing district express a desire to divide the district to create one or m…

SDCL § 13-6-13 Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy

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The plan shall contain: (1) A map or maps showing the boundaries of the proposed district or districts, the boundaries of the existing districts involved, the location of existing and proposed attendance centers and a description of the facilities, and the proposed school bus rou…

SDCL § 13-6-13.1 Former school district representation areas for consolidated districts--Establishment--Election of board members

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When the reorganization plan is submitted, the school board or the electors of the district may establish school board representation areas to represent each former school district that consolidated to form the reorganized school district. Each former school district representati…

SDCL § 13-6-13.2 Rejection of request to transfer not actionable

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Notwithstanding any other provision of law, a decision by a school board to reject the request to transfer land submitted pursuant to subdivision 13-6-13(12), in total or in part, does not create any cause of action against the school district or school board, or constitute groun…

SDCL § 13-6-17 Plan incorporated in minutes--Distribution of copies--Approved plan binding--Superseding later plan

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The plan shall be made a part of the minutes of the school board of the school district, or districts; one copy shall be filed with the board of county commissioners in each county in which the territory of the proposed district, or districts, is located; and two copies shall be …

SDCL § 13-6-18 Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan

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Upon receipt of a proposed plan, the secretary of the Department of Education shall review the plan and compare its features with the requirements for school district reorganization as provided in § 13-6-4 . The secretary of the Department of Education may call a hearing on the p…

SDCL § 13-6-18.1 Boundary changes--When allowed

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If a plan of reorganization is approved pursuant to § 13-6-18 , a boundary change pursuant to § 13-6-84.2 may be allowed by a school board only if: (1) The plan has been rejected by the voters; (2) The school boards of each district which voted and approved the reorganization pla…

SDCL § 13-6-2 Legislative policy

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It is the policy of the State Legislature: (1) That school districts exist for the purpose of operating a school or schools to provide the people of each local community adequate opportunity to avail themselves of a free public elementary and secondary education program. Each sch…

SDCL § 13-6-3.2 Record of proceedings kept by county commissioners--Plats transmitted to secretary

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It shall be the duty of the board of county commissioners to preserve and maintain a complete record of all proceedings at the county level relating to the establishment, division, consolidation, or any change of boundaries of school districts, and promptly transmit to the secret…

SDCL § 13-6-3.3 Public officials to make available information from public records

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Upon request, state, county, and school district officials shall make available to the members of planning committees and other school boards and the secretary of the Department of Education such information from public records in their possession as is essential to them in the p…

SDCL § 13-6-30 Annexed territory to remain with original school district--Exception

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Notwithstanding the provision of § 13-6-7 , if the territory sought to be annexed by the municipality is part of another school district, such territory shall remain a part of the school district in which the territory is located at the time of annexation unless the boundary of t…

SDCL § 13-6-4 Requirements for school district reorganization

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Reorganization of school districts shall meet the requirements set forth in § 13-6-7 and the standards for proposed school districts as adopted by the South Dakota Board of Education Standards. Source: SL 1955, ch 41 , ch 8, § 5; SL 1959, ch 60 , § 1; SDC Supp 1960, § 15.2005; SL…

SDCL § 13-6-41 Special election called on state approval of plan--Eligibility to vote

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Upon receipt of the approval of the plan from the secretary of the Department of Education, the school board of each school district shall call a special election within each school district and all qualified voters of the district shall be entitled to vote on the proposal. Sourc…

SDCL § 13-6-41.1 Election on dissolution of district restricted to dissolving district--Resolution of annexing district

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Notwithstanding the provisions of § 13-6-41 , in the event the approved plan consists of an existing district attempting to dissolve and be annexed to one or more other districts, the election required by § 13-6-41 shall be called only in the district which expressed the desire t…

SDCL § 13-6-41.2 Date of election

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The election required by § 13-6-41 shall be held within ninety days, subsequent to the date of approval. The date of such election shall be established by the secretary of the Department of Education. Source: SDCL, § 13-6-41 as added by SL 1973, ch 85 , § 17; SL 2003, ch 272 , § …

SDCL § 13-6-41.3 Notice of election--Contents--Costs of election

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The school board shall cause a notice of a special election to be published as provided in § 13-7-8 . Such notice shall clearly state and contain the purpose of the election, a description of the boundaries of the proposed district, or districts, contained in the plan, and the ti…