Title 13 — EDUCATION

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 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…

The State Fire Marshal shall inspect or cause to be inspected all buildings on a periodic basis of not less than two years for the purpose of fire safety and fire prevention. The inspection shall be made upon the conditions set forth in §§ 13-25-5 and

Representatives of the State Fire Marshal may enter any such building at any reasonable hour to make such inspection. All school boards, school governing bodies, officials, and employees shall afford such representatives free access to every part of the premises, and render all a…

After the completion of such inspection, the person making the same shall reduce the report of his findings to writing, which shall list all violations of fire protection laws discovered by such inspection, and he shall deliver a copy thereof to the school governing body or its r…

If after such inspection of any school, or school facility, as provided by this chapter, the inspector finds the building unsafe by reason of conditions existing therein which are suitable for causing or spreading fire, or engendering panic, or that the building has defects which…

13-25-9 Authority to close or vacate school. 13-25-10 Evacuation drills. 13-25-11 Installation of automatic fire alarm equipment--Time requirements. 13-25-12 Fire alarm provisions--Exemption by state fire marshal. 13-25-13 Rules authorized for implementation of school fire alarm …

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 §

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 §

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 §

Repealed by SL 2000, ch 80 , § 3 13-26-2.2

Repealed by SL 1996, ch 113 , § 4 13-26-2.3

Repealed by SL 1995, ch 94 , § 25 13-26-2.4

Repealed by SL 1996, ch 113 , § 1A 13-26-3

13-26-4.1 In-service training. 13-26-5

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…

13-26-7

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 . 13-26-7. Repealed by SL 1974, ch 128 , § 10 13-26-8. Repealed b…

Repealed by SL 1974, ch 128 , § 10 13-26-8

13-26-10 Petition to refer a school board decision on opening day of classes. 13-26-11 Contents of petition on opening day of classes. 13-26-12 Requirements for voters signing petition. 13-26-13 Time of election. 13-26-14 Publication of referred decision. 13-26-15 Ballots--Printi…

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 §

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 …

13-27-11 Failure to send child to school as misdemeanor. 13-27-12

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…

13-27-13

13-27-14 Truancy officer employed by district--Duties--President of board acting where no officer employed. 13-27-15 Attendance records maintained by superintendent or president of board--Reports required. 13-27-16 School board truancy warning--Report to truancy officer. 13-27-17…

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…

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…