Title 13 — EDUCATION
92 chapters · 1,687 sections in this title.
SDCL § 13-33-20 Distance learning defined
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For purposes of §§ 13-33-20 to 13-33-23 , inclusive, distance learning is the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place. Source: SL 2005, ch 104 , § 1.
SDCL § 13-33-21 Certificate authorizing distance learning provider to provide courses required
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No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the …
SDCL § 13-33-22 Promulgation of rules relating to distance learning certificate
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The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 defining a distance learning provider, and establishing the requirements and criteria that an applying provider must meet in order to be issued a distance learning certificate by the sec…
SDCL § 13-33-23 Promulgation of rules establishing priorities and eligibility for distance learning courses
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The board shall also promulgate rules pursuant to chapter 1-26 establishing priorities and eligibility for distance learning courses. Source: SL 2005, ch 104 , § 4.
SDCL § 13-33-23.1 Distance learning--Children of transferred military personnel--Eligibility
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If the parent or guardian of a child is ordered to transfer to a military installation in this state pursuant to a military order, the child is eligible, upon issuance of the order, to be registered and enrolled with a state-approved distance learning provider by the school distr…
SDCL § 13-33-24 South Dakota virtual school created
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There is created the South Dakota virtual school. The South Dakota virtual school shall be under the control of the Department of Education. The South Dakota virtual school shall provide choice accessibility, flexibility, quality, and equity in curricular offerings for students i…
SDCL § 13-33-25 South Dakota Virtual School Advisory Council established
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The South Dakota Virtual School Advisory Council is established. The council shall advise the Department of Education, the South Dakota Board of Education Standards, education-related organizations, and other education groups on issues related to distance learning. The council sh…
SDCL § 13-33-26 Council membership
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The council shall consist of seven members appointed by the secretary of education with broadly based representation from entities involved in virtual education efforts statewide. Source: SL 2006, ch 83 , § 3.
SDCL § 13-33-27 Council terms--Vacancies
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Members of the council shall be appointed for two-year terms, except that four of the members of the initial council shall be appointed to two-year terms, and three of the members of the initial council shall be appointed for one year. All subsequent appointments shall be for ter…
SDCL § 13-33-28 Promulgation of rules concerning virtual school
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The Department of Education may promulgate rules pursuant to chapter 1-26 to coordinate course offerings by the South Dakota virtual school, to award course credits earned by students taking classes from the South Dakota virtual school, and to establish criteria for school distri…
SDCL § 13-33-29 Granting of credit for distance learning courses not offered by South Dakota Virtual School prohibited--Exceptions
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No school district may grant credit for any course successfully completed through distance learning as defined in § 13-33-20 unless the course is offered through the South Dakota Virtual School. However, a school district may grant credit for a distance learning course offered th…
SDCL § 13-33-3 Adult education, summer school, kindergarten, and nursery schools
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The school board of any school district may maintain as a part of the public schools adult education courses, summer schools, kindergartens, and nurseries under the rules adopted by the South Dakota Board of Education Standards. Source: SDC 1939, §§ 15.2523 (6), 15.3603; SL 1939,…
SDCL § 13-33-30 Accredited schools required to accept transfer credits for courses taken from other accredited schools outside regular school term--Conditions
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Any school accredited by the Department of Education shall accept transfer credits earned by a student for any course taken by the student from another school accredited by the Department of Education outside the regular school term as established pursuant to §
SDCL § 13-33-4 Instruction on United States and state Constitutions required--Years when given
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In all public and nonpublic schools located within the state there shall be given regular courses of instruction in the Constitutions of the United States and the State of South Dakota. Such instruction shall begin not later than the opening of the eighth grade and shall continue…
SDCL § 13-33-6.1 Character development instruction
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Unless the governing body elects, by resolution, effective for not less than one or more than four school terms, to do otherwise, character development instruction shall be given in all public and nonpublic elementary and secondary schools in the state to impress upon the minds o…
SDCL § 13-33-7 Repealed by SL 1977, ch 133 13-33-7.1 13-33-7.1 , 13-33-7.2
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Repealed by SL 1975, ch 128 , § 377 13-33-8
SDCL § 13-33-8 Repealed by SL 1995, ch 87 , § 47 13-33-9 Sectarian doctrine prohibited in public schools
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13-33-10 Released time for religious instruction. 13-33-11 Instruction to promote mastery of English language. 13-33-12 13-33-12 , 13-33-13. Repealed by SL 1995, ch 87 , §§ 48, 49 13-33-14 13-33-14 , 13-33-15. Repealed by SL 1995, ch 94 , §§ 26, 27 13-33-16
SDCL § 13-33-9 Sectarian doctrine prohibited in public schools
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No sectarian doctrine may be taught or inculcated in any of the public schools of the state. Source: SDC 1939, § 15.3103; SL 1955, ch 41 , ch 14, § 3.
SDCL § 13-33A-1 School health services--Coordination by registered nurse
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A public school system shall provide school health services coordinated by a registered nurse, whose services may be shared by one or more school systems. The services shall include assessment and implementation of services for students with special needs, administration of medic…
SDCL § 13-33A-10 Training on administration of opioid antagonists
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Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include: (1) Symptoms of an opiate overdose; (2) Protocols and procedures for administering an…
SDCL § 13-33A-11 Immunity from liability for injuries or damage associated with administration of opioid antagonists
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No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any …
SDCL § 13-33A-12 Nasal glucagon--School district and nonpublic schools--Prescription--Distribution
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A licensed health care professional may prescribe nasal glucagon in the name of a school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16 , inclusive. A licensed health care professional may then dispense or distribute nasal glucagon to an employee of…
SDCL § 13-33A-13 Nasal glucagon--Use--Storage--Maintenance
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A school district or nonpublic school may acquire and maintain nasal glucagon pursuant to a prescription issued by a licensed health care provider for use on a student experiencing severe hypoglycemia. Any nasal glucagon acquired in accordance with §§ 13-33A-12 to 13-33A-16 , inc…
SDCL § 13-33A-14 Nasal glucagon--Administration--Requirements
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A school nurse, or another employee of the school district or nonpublic school authorized in accordance with § 13-33A-15 , may administer nasal glucagon acquired in accordance with §§ 13-33A-12 to 13-33A-16 , inclusive, to a student experiencing severe hypoglycemia if: (1) The st…
SDCL § 13-33A-15 Nasal glucagon--Authorized employees--Training--Documentation
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The board of a school district or the governing board of a nonpublic school may authorize an employee to administer nasal glucagon to a student if the employee completes training, provided by a licensed health care provider, that addresses: (1) Recognizing the symptoms of severe …
SDCL § 13-33A-16 Nasal glucagon--Immunity from liability
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The following persons may not be held liable for any death, injury, or damage that results from the administration of, or the failure to administer, nasal glucagon if the action or inaction constitutes ordinary negligence: (1) A school district or nonpublic school, and any of its…
SDCL § 13-33A-2 Promulgation of rules--Board of Education Standards--Board of Nursing--Application of chapter
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By rules promulgated pursuant to chapter 1-26 , the South Dakota Board of Education Standards shall establish the requirements for storage and control of medications at the school site and the policies and procedures for provision of the school health services listed in §
SDCL § 13-33A-3 Liability insurance
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The governing board of a school system shall provide the school system and its employees with liability insurance to cover actions authorized by this chapter. Source: SL 1993, ch 144 , § 3.
SDCL § 13-33A-4 Epinephrine--Acquisition--Exclusion
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Any school may acquire and maintain a stock of epinephrine auto-injectors or nasal spray pursuant to a prescription issued by an authorized health care provider for use in an emergency situation of a severe allergic reaction causing anaphylaxis. The provisions of this section are…
SDCL § 13-33A-5 Epinephrine--Policy for use and storage--Notice
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Each school shall adopt a policy for the use and storage of epinephrine auto-injectors or nasal spray and shall notify the parents or guardians of each student about the policy. Source: SL 2014, ch 89 , § 2; SL 2026, ch 83 , § 2.
SDCL § 13-33A-6 Epinephrine--Administering
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Any school nurse or other designated school personnel, upon authorization by the governing school body, may: (1) Administer an epinephrine auto-injector or nasal spray to a student in accordance with a prescription specific to the student on file with the school; (2) Administer a…
SDCL § 13-33A-7 Epinephrine--Training
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Prior to administering an epinephrine auto-injector or nasal spray made available by the school, each designated school personnel shall be trained by a licensed health care professional: (1) To recognize the symptoms of a severe allergy or anaphylactic reaction; (2) To know the p…
SDCL § 13-33A-8 Epinephrine--Limited immunity
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No school district, administrator, school board, school nurse, or designated school personnel that possess or make available epinephrine auto-injectors or nasal spray pursuant to §§ 13-33A-4 to 13-33A-8 , inclusive; authorized health care provider that prescribes epinephrine auto…
SDCL § 13-33A-9 Possession and administration of opioid antagonists by school personnel
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The governing board of a school district and the governing board of a nonpublic school may acquire opioid antagonists in accordance with current state law and administrative rule, and make the medication available to personnel who are trained in accordance with §
SDCL § 13-33B-1 Programs for deaf and hard - of - hearing children
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The Department of Education may establish a program and policy to be disseminated to all school districts and other local educational agencies which promote the education of deaf and hard - of - hearing children and which recognizes the following: (1) That deafness involves the m…
SDCL § 13-33B-10 Reporting criteria specific to language and literacy development
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Before August 1, 2020, the department shall establish reporting criteria, using existing data reported in compliance with the federally required state performance plan on students with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing…
SDCL § 13-33B-11 SDCL 13-33B-11
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Implementation and application of §§ 13-33B-4 to
SDCL § 13-33B-2 Consideration of pupil's specific communication needs
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The individualized education program shall consider the specific communication needs of the pupil, including all of the following: (1) The pupil's individual communication mode and language; (2) A sufficient number of age, cognitive, and language peers of similar abilities. Howev…
SDCL § 13-33B-3 Placement of deaf and hard of hearing children
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In considering placement and the least restrictive environment for a deaf or hard-of-hearing student, the individualized education program team shall consider the unique communications needs of the student, in accordance with §
SDCL § 13-33B-4 Definitions
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Terms used in this chapter, mean: (1) "ASL," American sign language; (2) "Department," the Department of Education; (3) "English," spoken English, written English, or English with the use of visual supplements; (4) "IEP," individualized education program as used in § 13-33B-2 ; (…
SDCL § 13-33B-5 Resource for parents to monitor and track deaf and hard-of-hearing children's language acquisition
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The department shall incorporate language developmental milestones set, pursuant to the process specified in § 13-33B-8 , for the purpose of developing a resource for parents to monitor and track deaf and hard-of-hearing children's expressive and receptive language acquisition an…
SDCL § 13-33B-6 The advisory committee shall consist of at least nine but no more than fifteen volunteers, at least four of whom are deaf or hard-of-hearing, and all of whom practice within the fields of education or services for the deaf or hard-of-hearing
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The advisory committee must include: (1) A parent of a child who is deaf or hard-of-hearing, who uses both ASL and English; (2) A parent of a child who is deaf or hard-of-hearing, who uses only spoken English, with or without visual supplements; (3) A parent of a child who is Dea…
SDCL § 13-33B-7 Dissemination of parent resource--Strategies to assist child's success
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The department shall disseminate the parent resource developed pursuant to § 13-33B-5 to parents and guardians of deaf and hard-of-hearing children. If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills the child's IFSP or IE…
SDCL § 13-33B-8 Information to be provided to advisory committee--Language developmental milestones to be included in parent resource
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Before March 1, 2019, the department shall provide the advisory committee established pursuant to § 13-33B-9 with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those lang…
SDCL § 13-33B-9 Advisory committee--Members--Duties
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The administrator of South Dakota Services for the Deaf shall establish an advisory committee to solicit input from experts on the selection of language developmental milestones for children who are deaf or hard-of-hearing that are equivalent to milestones for children who are no…
SDCL § 13-34-23 Loan of textbooks--Textbooks defined
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Each public school board shall loan without charge to all persons ages five through nineteen who are either enrolled in a public school, or a nonpublic school, or who are engaged in a course of instruction pursuant to § 13-27-3 , within the school district under such board's juri…
SDCL § 13-34-24 Persons enrolled in schools operated by government entity other than local school district excepted
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The provisions of §§ 13-34-23 to 13-34-25 , inclusive, do not apply to persons enrolled in schools operated, contracted, or primarily supported by any governmental entity other than the local school district. Source: SL 1987, ch 142 , § 2.
SDCL § 13-34-25 Representation of school board, board member or school district by attorney general
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If any school board, school board member or school district is sued regarding the implementation of § 13-34-23 or 13-34-24 , the attorney general shall represent the school board, school board member or school district at no cost to the school board, school board member or school…
SDCL § 13-35-1 Establishment of programs by districts
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School districts and other agencies eligible under Title 42 United States Code §§ 1751 to 1769, inclusive, and §§ 1771 to 1785, inclusive, the National School Lunch Act and the Child Nutrition Act of 1966, may enter into contractual agreements with the Department of Education for…
SDCL § 13-35-2 Charges for meals
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The board of a school district may impose a charge for any meal provided through the school district's food services program to: (1) Any student other than a student who is eligible for free or reduced-price meals through the National School Lunch Program, 42 U.S.C. § 1751, et se…