Title 13 — EDUCATION

Each school bus used for the transportation of school children which is owned by a school district, a nonpublic school or alternative education program or privately owned and operated under a contract with a school board or nonpublic school or alternative instruction program shal…

The Division of Highway Patrol may promulgate rules pursuant to chapter 1-26 , to establish specific standards and requirements for approval of school bus inspectors. The Division of Highway Patrol may approve inspectors subject to these rules. Any person that performs a school b…

The following types of students who do not have access to bus service furnished by the school district to which they are assigned to and from school are entitled to a transportation or board and room allowance, provided in this chapter, paid by the district where the student has …

Elementary and secondary pupils who live within the incorporated limits of a first or second class municipality shall receive a transportation allowance only at the discretion of the school board. Source: SDC Supp 1960, § 15.3309 as added by SL 1967, ch 47 ; SL 1992, ch 60 , § 2.

The amount of the transportation allowance is the rate established pursuant to § 3-9-1 per family for distances actually traveled in excess of five miles each way. No mileage may be paid for extra trips to the schoolhouse which the school board does not consider necessary nor for…

Repealed by SL 2012, ch 87 , § 15.

Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school sponsored activities whether on or off school premises. Superintendents and principals may also discipline…

Terms used in §§ 13-32-11 to 13-32-13 , inclusive, mean: (1) "Medication," an inhaled bronchodilator, auto-injectable epinephrine, insulin, or other diabetes medication; (2) "Parent," any person standing in parental relation; (3) "Related equipment and supplies," medical equipmen…

Any student may possess and self-administer prescription medication, and possess and use related equipment and supplies, while on school property or at a school-related event or activity only if: (1) The student has been diagnosed with asthma, anaphylaxis, or diabetes, by a licen…

If any student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action by the school. However, the disciplinary action may not limit or restrict the student's immediate access to the medication. Source: SL 2010, ch 93 , § 3.

The provisions of §§ 13-32-10 to 13-32-12 , inclusive, do not apply to any of the following group living environments: (1) A facility operated by the Department of Corrections; (2) A facility operated by the Department of Human Services or the Department of Social Services; (3) A…

If a school district does not have a bullying policy, the school district shall follow the model bullying policy in § 13-32-19 until such time as the school district adopts its own bullying policy. Nothing in §§ 13-32-14 to 13-32-19 , inclusive, supplants or preempts an existing …

Bullying is a pattern of repeated conduct that causes physical hurt or psychological distress on one or more students that may include threats, intimidation, stalking as defined in chapter 22-19A , physical violence, theft, destruction of property, any threatening use of data or …

Each school district policy developed pursuant to §§ 13-32-14 to 13-32-19 , inclusive, shall contain the following provisions: (1) A statement prohibiting bullying and a definition of bullying that includes the definition listed in § 13-32-15 ; (2) A description of the type of be…

Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the sc…

Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action taken by a school district for conduct determined to meet the definition of bullying in §

The model bullying policy pursuant to §§ 13-32-14 to 13-32-18 , inclusive, is as follows: PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering …

Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise chil…

The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions: (1) A procedure for notifying the parent or guardian of the student, unl…

Terms used in §§ 13-32-21 to 13-32-25 , inclusive, mean: (1) "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room; (2) "Female," an individual who naturally has, had, …

A public school must designate any multi-occupancy changing room, restroom, or sleeping quarters in each facility or space owned or rented by the public school for use exclusively by females or for use exclusively by males. If any student is unable or unwilling to use a multi-occ…

A male may not enter a changing room or restroom designated exclusively for females. A female may not enter a changing room or restroom designated exclusively for males. A public school must take reasonable steps to provide individuals with privacy in changing rooms, restrooms, a…

If a public school sponsors or sanctions any event that requires students to be provided with changing rooms or sleeping quarters, the school must designate all multi-occupancy changing rooms and sleeping quarters as being for use exclusively by females or exclusively by males. A…

Any multi-occupancy changing room or restroom that is located in a public school and normally reserved for use by employees of the district is governed by the provisions of §§ 20-13-58 to 20-13-63 , inclusive. Source: SL 2025, ch 84 , § 4.

No public school administrator or teacher shall refer a student for psychiatric treatment within or outside the school without the prior written consent of such student's parent or guardian. Source: SL 1961, ch 91 .

The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduc…

The school board of every school district may adopt an attendance policy in accordance with procedural due process rules established by the South Dakota Board of Education Standards pursuant to §

In addition to administrative and school board disciplinary action, any violation of § 13-32-7 shall be reported to local law enforcement authorities. The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expul…

If any student is under suspension or expulsion in a school district, the student may not enroll in any school district until the suspension or expulsion has expired. The superintendent or school administrator of any school district may prohibit a student from enrolling in that s…

If a student is expelled from school as provided in § 13-32-4 , the school board may grant the student an early reinstatement allowing the student to return to school before the end of the period of expulsion. Source: SL 2010, ch 89 , § 1.

Any early reinstatement granted by a school board pursuant to § 13-32-4.4 may include one or more specific conditions established by the school board that the expelled student must meet, either prior to the granting of the early reinstatement or after the early reinstatement is g…

If the superintendent of a school district determines that an expelled student has met the early reinstatement conditions established pursuant to § 13-32-4.5 that the student is required to meet before the student may be granted early reinstatement, the superintendent may grant t…

The administrative due process procedures established in ARSD 24:07:04 for the protection of students' rights in an expulsion procedure apply to the early reinstatement process established in §§ 13-32-4.4 to 13-32-4.6 , inclusive, and the South Dakota Board of Education Standards…

Any student, who cuts, defaces, or otherwise injures any schoolhouse, equipment, or outbuilding thereof, is liable to suspension or expulsion. Source: SDC 1939, § 15.3009; SL 1955, ch 41 , ch 12, § 19; SDC Supp 1960, § 15.3019; SL 1975, ch 128 , § 210.

A person, whether pupil or not, who intentionally disturbs a public or nonpublic school when in session or who intentionally interferes with or interrupts the proper order or management of a public or nonpublic school by acts of violence, boisterous conduct, or threatening langua…

Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitati…

Any school board may establish a school safety patrol to supervise students in the directing of other students crossing public streets on their way to and from school. The board of each school district may purchase health, accident, and liability insurance to cover all adult and …

Any person adjudicated, convicted, the subject of an informal adjustment or court-approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency for possession, use, or distribution of controlled drugs or substances or ma…

No local school board may impose a lesser consequence than those established in § 13-32-9 , but a local school district may adopt a policy, by local school board action, with more strict consequences to meet the needs of the district. Source: SL 2014, ch 88 , § 2.

If a suspension is reduced pursuant to § 13-32-9 , a suspension for a first offense shall make the student ineligible for a minimum of two South Dakota High School Activities Association sanctioned events. If two sanctioned events for which the student is ineligible do not take p…

However, a student entering the ninth grade in the 2006-2007, 2007-2008, 2008-2009, or 2009-2010 school years may be excused from taking courses of instruction necessary to complete the recommended high school program if the student's parent or guardian and a school counselor or …

If the student fails to provide the advance notice, the school may refuse to accept the credits. Each school district shall establish a policy for accepting transfer credits pursuant to this section. If upon review of the coursework for which transfer credit is sought, a school d…

All the public schools in the state shall provide instruction in substantial conformity to the accreditation standards adopted by the South Dakota Board of Education Standards. Source: SDC 1939, § 15.3101; SL 1955, ch 41 , ch 14, § 1; SL 1974, ch 123 , § 2; SL 1975, ch 128 , § 21…

A child may, on application of his parent or guardian, be excused from school for one hour per week for the purpose of taking and receiving religious instruction conducted by some church or association of churches. The school board shall decide at what hour pupils may be excused.…

Instruction in any school shall be such that it promotes a mastery of the English language in oral and written communications. Source: SDC 1939, §§ 15.9913, 15.9914; SL 1955, ch 41 , ch 17, § 13; SDC Supp 1960, § 15.9913; SL 1971, ch 120 ; SL 1975, ch 128 , § 220. 13-33-12, 13-33…

13-33-17 American sign language recognized--Authorized in high school and colleges--Encouraged in elementary schools. 13-33-18

American sign language is hereby recognized as a language. Any high school may offer American sign language as a for-credit elective pursuant to rules adopted by the South Dakota Board of Education Standards. The teaching of American sign language is encouraged at the elementary …

13-33-20 Distance learning defined. 13-33-21 Certificate authorizing distance learning provider to provide courses required. 13-33-22 Promulgation of rules relating to distance learning certificate. 13-33-23 Promulgation of rules establishing priorities and eligibility for distan…

For students entering the ninth grade in the 2006-2007 school year and thereafter, a school district shall require that each student enrolls in courses of instruction necessary to complete the recommended high school program established by the South Dakota Board of Education Stan…

13-33-4 Instruction on United States and state Constitutions required--Years when given. 13-33-5 13-33-5 , 13-33-6. Repealed by SL 1995, ch 87 , §§ 45, 46 13-33-6.1 Character development instruction. 13-33-7