Title 13 — EDUCATION
92 chapters · 1,687 sections in this title.
SDCL § 13-35-2.1 Charges for meals--Certain students exempt
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If a student is eligible for reduced-price meals through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 2026) , or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026), the board of a school district may not impose a charge upon the student f…
SDCL § 13-35-2.2 Charges for meals--Certain students exempt--District reimbursement
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On or before June thirtieth of each year, the department shall, based on information forwarded by each school district, calculate the amount to be reimbursed by the department for the cost of meals served to students who may not be charged, pursuant to §
SDCL § 13-35-3 Sales tax exemption
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The school district shall be exempt from paying the retail occupational sales tax in purchasing food and supplies for the school food services programs and meals served from such food shall be exempt from sales tax. Source: SL 1955, ch 41 , ch 11, § 8; SDC Supp 1960, § 15.2108 (4…
SDCL § 13-35-4 Cost accounting system
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A system of cost accounting shall be established by each contracting agency for the school food services programs, in accordance with the accounting system established by the Department of Legislative Audit with the assistance of the Department of Education. Source: SL 1955, ch 4…
SDCL § 13-35-5 Accounting for funds
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School districts shall account for such funds within the authorized fund structure as provided in chapter 13-16 . Source: SL 1955, ch 41 , ch 11, § 8; SDC Supp 1960, § 15.2108 (3); SL 1975, ch 128 , § 225.
SDCL § 13-35-6 Extension of food services program to elderly persons
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Any school district contracting with the Department of Education to establish school food services programs pursuant to this chapter may extend such program for the purpose of serving nutritionally sound meals to eligible elderly persons at a place or places in a manner as determ…
SDCL § 13-35-7 State health inspection requirements
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Any site operated for the preparation of meals for children as part of a school food service program shall have a minimum of two state health inspections every school year. Source: SL 1999, ch 89 , § 1; SL 2008, ch 83 , § 1.
SDCL § 13-36-10 Coaches to complete training program
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The South Dakota High School Activities Association and the South Dakota Department of Education shall develop a training program consistent with §
SDCL § 13-36-11 Removal of athlete exhibiting symptoms of concussion
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An athlete shall be removed from participation in any athletic activity sanctioned by the South Dakota High School Activities Association at the time the athlete: (1) Exhibits signs, symptoms, or behaviors consistent with a concussion; or (2) Is suspected of sustaining a concussi…
SDCL § 13-36-12 Return of athlete to activity
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No athlete who has been removed from participation in an athletic activity sanctioned by the South Dakota High School Activities Association may return to athletic activities until the athlete: (1) No longer exhibits signs, symptoms, or behavior consistent with a concussion; and …
SDCL § 13-36-13 Licensed health care provider defined
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For the purposes of § 13-36-12 , a licensed health care provider is a person who is: (1) Registered, certified, licensed, or otherwise recognized in law by the State of South Dakota to provide medical treatment; and (2) Trained and experienced in the evaluation, management, and c…
SDCL § 13-36-14 Cause of action not created
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Sections 13-36-9 to 13-36-13 , inclusive, do not create any liability for, or create any cause of legal action against, a school, a school district, or any officer or employee of a school or school district. Source: SL 2011, ch 97 , § 6; SL 2021, ch 73 , § 12.
SDCL § 13-36-4 High school interscholastic activities--Delegation of control to association
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The school board of a public school, approved and accredited by the secretary of the Department of Education, may delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association that is voluntary and non…
SDCL § 13-36-5 Annual audit of high school activities association--Payment--Report
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Any association exercising the grant of authority contained in § 13-36-4 to regulate public and nonpublic schools shall be audited annually by the State Department of Legislative Audit and a report of such audit shall be made to the Legislature. The association shall pay for the …
SDCL § 13-36-7 Participation in interscholastic activities--Eligibility
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Any student enrolling in a South Dakota district pursuant to § 13-15-21 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. Each public school district shall allow participation in athletics, fine arts, or a…
SDCL § 13-36-8 Participation of certain nonpublic school students in interscholastic activities at other nonpublic schools
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Any seventh or eighth grade student who attends a nonpublic elementary or middle school that is not affiliated with a nonpublic high school may participate in interscholastic activities at a nonpublic high school, at the discretion of the nonpublic school, if the student meets th…
SDCL § 13-36-9 Concussion guidelines and information sheet
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The South Dakota High School Activities Association, in concert with the Department of Education, shall develop guidelines to inform and educate member schools, coaches, athletes, and the parents or guardians of athletes, of the nature and risk of concussion, including continuing…
SDCL 4-11-18
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Source: SL 1974, ch 135 ; SL 1975, ch 128 , § 228.
Source: SL 1976, ch 122 , § 4; SL 1977, ch 136 , § 1; SL 1980, ch 134 , § 3; SL 1995, ch 101 , § 15; SL 2013, ch 79 , § 10
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13-37-19. Repealed by SL 1977, ch 136 , § 2
SDCL 13-13-73
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The remaining funds shall be allocated by the secretary of the Department of Education for the purposes specified in §
Source: SL 2001, ch 84 , § 3; SL 2003, ch 272 (Ex
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Ord. 03-1), § 63; SL 2013, ch 79 , § 19.
SDCL § 13-37-1 Children in need of special education or special education and related services
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As used in this chapter, "children in need of special education or special education and related services" means any person under the age of twenty-one years who is a resident of the State of South Dakota and who, because of his educational needs as defined by the South Dakota Bo…
SDCL § 13-37-1.1 Rules governing standards for special education
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The South Dakota Board of Education Standards may adopt rules, pursuant to chapter 1-26 , governing standards for educational and noneducational programs, public and nonpublic, serving children in need of special education or special education and related services and children, a…
SDCL § 13-37-1.2 Department as agency responsible for special education--Regulatory and coordinating authority
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The Department of Education is hereby designated as the state agency with responsibility for the education of children in need of special education or special education and related services. In accordance with § 13-37-1.1 , the department has regulatory and coordinating authority…
SDCL § 13-37-1.3 Free education for special education children
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Each school district shall provide all of its resident children in need of special education or special education and related services, as defined in § 13-37-1 , with a free appropriate public education, as defined in rules promulgated pursuant to chapter 1-26 by the South Dakota…
SDCL § 13-37-1.4 Appeal through civil action permitted
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Any party aggrieved by a decision of the Department of Education under this chapter may bring a civil action with respect to a due process complaint notice requesting a due process hearing under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(i)(2) (January 1, 2…
SDCL § 13-37-13 Expenditures for education of children in need in state - owned institutions
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The secretary of the Department of Education or any school district may expend any public funds under the provisions of this chapter for the education of children in need enrolled in any state - owned institution, including transportation as provided in §
SDCL § 13-37-14 Repealed by SL 1996, ch 99 , § 5 13-37-14.1 13-37-14.1 , 13-37-14.2
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Repealed by SL 1995, ch 87 , §§ 55, 56 13-37-15
SDCL § 13-37-15 Repealed by SL 1975, ch 128 , § 377 13-37-16 District tax levy--School district special education fund--Exclusion
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13-37-16.1
SDCL § 13-37-16 District tax levy--School district special education fund--Exclusion
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For taxes payable in 2027, and each year thereafter, the school board shall levy no more than one dollar and forty-four and nine-tenths cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determine…
SDCL § 13-37-16.1 Repealed by SL 1975, ch 128 , § 377 13-37-16.2 Levy equalization
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13-37-16.3 Basis for adjustment to certain levies. 13-37-17
SDCL § 13-37-16.2 Levy equalization
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If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year, the levy specified in subdivision 13-37-35.1 (7) shall be reduced proportionally so that the perc…
SDCL § 13-37-16.3 Basis for adjustment to certain levies
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Any adjustments in the levy specified in subdivision 13-37-35.1 (7) made pursuant to § 13-37-16.2 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjus…
SDCL § 13-37-17 Repealed by SL 1975, ch 128 , § 377 13-37-18 Costs and statistical information included in annual financial report
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13-37-19
SDCL § 13-37-18 Costs and statistical information included in annual financial report
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Special education costs and statistical information shall be included in the annual financial report as provided in §
SDCL § 13-37-19 Repealed by SL 1977, ch 136 , § 2 13-37-20 Payment of claims for direct services
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13-37-20.1
SDCL § 13-37-2 Special education defined--Conformity to approved program where possible
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As used in this chapter, unless the context otherwise requires, "special education" means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall incl…
SDCL § 13-37-2.1 Surrogate parent defined
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As used in this chapter, the term, surrogate parent, means any individual assigned by the district to act in place of the parent of a child in need of special education when the school district cannot identify or locate the parent or the child is a ward of the state. Source: SL 1…
SDCL § 13-37-20 Payment of claims for direct services
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Agencies or individuals providing a service directly to children in need of special education or special education and related services under the provisions of this chapter shall be authorized to recover authorized costs from the school district special education fund on a monthl…
SDCL § 13-37-20.1 Repealed by SL 1975, ch 128 , § 377 13-37-21 13-37-21 , 13-37-22
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Repealed by SL 1976, ch 121 , § 9 13-37-23
SDCL § 13-37-23 Repealed by SL 1975, ch 128 , § 377 13-37-24 13-37-24 to 13-37-24 .2
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Repealed by SL 1995, ch 101 , §§ 16 to 18 13-37-24.3 Repealed 13-37-24.4 13-37-24.4 , 13-37-24.5. Repealed by SL 1993, ch 137 , §§ 1, 2 13-37-24.6
SDCL § 13-37-24.3 Repealed
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Source: SL 1990, ch 133 , § 1; SL 2003, ch 272 , § 63; SL 2010, ch 77 , § 14; SL 2021, ch 73 , § 21. 13-37-24.4, 13-37-24.5. Repealed by SL 1993, ch 137 , §§ 1, 2 13-37-24.6. Repealed by SL 1997, ch 103 , § 1 13-37-25. Repealed by SL 1989, ch 147 , § 1 13-37-26. Repealed by SL 19…
SDCL § 13-37-24.6 SDCL 13-37-24.6
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Repealed by SL 1997, ch 103 , § 1 13-37-25
SDCL § 13-37-25 SDCL 13-37-25
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Repealed by SL 1989, ch 147 , § 1 13-37-26
SDCL § 13-37-26 Repealed by SL 1995, ch 101 , § 19 13-37-27 Surrogate parent acting in place of parent--Immunity--Exceptions
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13-37-28 Definition of autism spectrum disorder. 13-37-28.1 Dyslexia defined. 13-37-29 Blind student defined for purposes of braille literary assessment and educational services. 13-37-30 Braille literary assessment and educational services for blind students. 13-37-31 Competency…
SDCL § 13-37-27 Surrogate parent acting in place of parent--Immunity--Exceptions
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The surrogate parent may act in place of the parent in all matters relating to the identification, evaluation, and educational placement of a child in need; and to the provision of a free appropriate public education to the child in need. The surrogate parent is immune from suit …
SDCL § 13-37-28 Definition of autism spectrum disorder
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For the purposes of this chapter, the Department of Education shall use the definition of autism spectrum disorder contained in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association to define autism spectrum di…
SDCL § 13-37-28.1 Dyslexia defined
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For the purposes of this chapter, dyslexia is a learning disability that is neurological in origin. It is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the …
SDCL § 13-37-29 Blind student defined for purposes of braille literary assessment and educational services
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For the purposes of § 13-37-30 , a blind student is any individual who is eligible for special education services and who has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angu…
SDCL § 13-37-30 Braille literary assessment and educational services for blind students
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In developing an individualized written education program for each blind student the presumption shall be that proficiency in braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each such student shall…