Title 13, EDUCATION

The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to establish standards for the classification and accreditation of schools within this state, to establish standards for preparation of certified personnel, to set forth procedures for d…

The secretary of education shall accept and distribute in accord with law and in a fair and equitable manner any commodities, moneys, goods, and services which may be made available from the state or federal government or from other sources. The goods and services may include ite…

The secretary of education shall have supervision over school libraries. The South Dakota Board of Education Standards shall adopt such rules as it deems necessary to govern them. The board may not require minimum library expenditures. Source: SDC Supp 1960, § 15.0803 as added by…

The South Dakota Board of Education Standards shall have the power and duty to consider the educational needs of the state and recommend to the Governor and the Legislature such additional legislation or changes in existing legislation as may be deemed desirable. Source: SL 1955,…

The South Dakota Board of Education Standards and the Department of Education shall work jointly with other state government agencies to ensure that children enter the K-12 education system ready to learn. The board and the department shall jointly work to develop standards and p…

It is a policy of the State of South Dakota to permit active duty or reserve duty military recruiters and South Dakota National Guard recruiters reasonable access to students of public school facilities in the State of South Dakota for the purpose of providing information about a…

Any public secondary school accredited by the South Dakota Department of Education, and any public postsecondary school, located in South Dakota, shall permit active duty and reserve duty military recruiters or South Dakota National Guard military recruiters reasonable access to …

All certified educators new to the profession or from out-of-state shall complete a three-credit-hour course in South Dakota Indian studies. The course shall include components specific to: (1) Language and cultural awareness; (2) History; (3) Educational theory and background of…

The Board of Education Standards may promulgate rules pursuant to chapter 1-26 to provide for curriculum and coursework in South Dakota American Indian history and culture. Source: SL 2007, ch 82 , § 5; SL 2017, ch 81 , § 57.

No person may knowingly use a false academic degree or falsely claim to have a valid academic degree for the following purposes: (1) To obtain employment; (2) To obtain a promotion or higher compensation in employment; (3) To obtain admission to postsecondary education; or (4) In…

No person, for the following purposes, may knowingly use any false degree, certificate, diploma, transcript, or other document indicating that the person has completed an organized program of study or completed courses when the person has not completed the organized program of st…

The Department of Education may establish a program to reimburse public school counselors for the fees associated with the application and examination process necessary to earn the credential of National Certified School Counselor from the National Board for Counselor Certificati…

The Board of Education Standards shall promulgate rules, pursuant to chapter 1-26 , establishing the procedures for documenting the necessary certification and for providing the payments required in § 13-1-54 . Source: SL 2009, ch 70 , § 2; SL 2017, ch 81 , § 57.

It is the policy of the State of South Dakota that the parent or guardian of any student enrolled in a public school may opt to receive any notifications or correspondence from that school by electronic mail in lieu of regular mail if the parent or guardian provides to the school…

Terms used in §§ 13-1-58 and 13-1-59 mean: (1) "Association," any association that meets the requirements of § 13-36-4 ; (2) "Journalism," the gathering, preparing, collecting, photographing, recording, streaming, broadcasting, writing, editing, reporting, or publishing of news o…

No school district, school board, association, or media contractor may interfere with the right of news media to attend and engage in journalism concerning any interscholastic high school activity or event. No association or media contractor may charge a fee for news media to eng…

The board of a school district may adopt policies governing reasonable accommodations for news media to conduct journalism at all interscholastic high school activities and events. The policies on reasonable accommodations shall allow news media all necessary access to conduct jo…

If any department, board, or commission of the state administers a licensure or certification examination to any person who completed a degree program at an institution under the control of the Board of Regents, the department, board, or commission must report to the Board of Reg…

If any department, board, or commission of the state administers a licensure or certification examination to any person who completes a degree program or a training program at a public technical college in the state, the department, board, or commission must report to the Board o…

The state or any of its political subdivisions may not prohibit any Native American student from wearing an eagle feather, eagle plume, or an appropriate beaded graduation cap at a school honoring or graduation ceremony. A school administrator may determine if a beaded graduation…

A student who is enrolled in a school district and has enlisted in the South Dakota National Guard or in a branch of the armed forces, as defined in § 36-1-2 , may wear a sash, stole, or other military decoration at a school graduation ceremony, if the sash, stole, or decoration …

For the purposes of §§ 13-1-67 to 13-1-71 , inclusive, the term, divisive concepts, means: (1) That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior; (2) That individuals should be discriminated against or adversely treated because …

The Board of Regents, or the Board of Technical Education, or any institution under their control, may not direct or compel a student to personally affirm, adopt, or adhere to divisive concepts. The Board of Regents, or the Board of Technical Education, or any institution under t…

The Board of Regents, or the Board of Technical Education, or any institution under their control, may not condition enrollment or attendance in a class, training, or orientation on the basis of race or color. Nothing in this section should be construed to prohibit the required c…

The Board of Regents, or the Board of Technical Education, or any institution under their control, may not authorize or expend funding for any purpose prohibited in §§ 13-1-67 to 13-1-71 , inclusive. Source: SL 2022, ch 39 , § 4.

Nothing in §§ 13-1-67 to 13-1-71 , inclusive: (1) Prevents an employee or a contractor who provides mandatory orientation or training from responding to questions that are raised by participants in the orientation or training and which pertain to the divisive concepts; (2) Pertai…

A qualifying school that refuses to accept a cash payment from an individual for admission to a school-affiliated event on the day of the event, must grant the individual admission to the event without charge if: (1) The individual demonstrates that the individual has an amount o…

Subject to policies established by the South Dakota Board of Education Standards, the secretary of the Department of Education has general supervision over all accredited elementary and secondary schools in the state, including adult education, kindergarten, preschool, and summer…

The age-appropriate, research-based, instruction in prenatal human growth and development required under § 13-3-98 may not include any book, article, outline, handout, video, or other material produced or provided by an entity that: (1) Performs abortions; (2) Promotes abortion; …

The secretary of the Department of Education shall be responsible for the classification and accreditation of all public and nonpublic schools under the rules established by the South Dakota Board of Education Standards pursuant to chapter 1-26 . Source: SDC 1939, § 15.0904 (2); …

The secretary of the Department of Education shall prepare and submit for approval of the South Dakota Board of Education Standards a standards revision cycle and content standards for kindergarten through grade twelve. Source: SDC 1939, § 15.0903 (3); SL 1955, ch 41 , ch 1, § 3;…

Prior to July 1, 2016, the Board of Education may not, pursuant to § 13-3-48 , adopt any uniform content standards drafted by a multistate consortium which are intended for adoption in two or more states. However, this section does not apply to content standards whose adoption by…

The secretary of the Department of Education shall establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. Any school district or school seeking st…

Terms used in §§ 13-3-51.1 to 13-3-51.6 , inclusive, mean: (1) "Aggregate data," information from education records in which all personally identifiable information has been removed; (2) "Department," the South Dakota Department of Education; (3) "Disclosure," "education records,…

No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning: (1) Political affiliations or beliefs of the student or the student's parent; (2) Mental or psychological problems or aspects of …

The department may not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education. However, this section does not apply to information required to be reported pursuant…

Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collect…

Nothing in §§ 13-3-51 to 13-3-51.6 , inclusive, prohibits the disclosure of aggregate data if otherwise allowed by privacy protection laws. Source: SL 2014, ch 76 , § 6.

Nothing in §§ 13-3-51 to 13-3-51.5 , inclusive, prohibits the disclosure of aggregate data necessary to make an application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act. Source: SL 2014, ch 76 , § 7.

Every public school district shall annually administer the same assessment to all students in grades three to eight, inclusive, and in grade eleven. The assessment shall measure the academic progress of each student. Every public school district shall annually administer to all s…

The parent of a student to whom an assessment is administered pursuant to § 13-3-55 or the eligible student may request to inspect and review the assessment of the student after it is scored and the results are provided to the parent or eligible student. The parent or eligible st…

A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. Further release or use of a student's …

If the superintendent of a school district has sufficient evidence that cheating occurred on a state-required academic achievement test, the superintendent of the school district shall investigate the circumstances. For the purposes of this section, cheating is the unauthorized a…

Following the investigation, the superintendent shall report the results of the investigation to the secretary of the Department of Education. Upon receiving the report, the secretary shall determine whether the alleged cheating occurred and, if so, if it was severe enough to aff…

The Department of Education shall research and analyze the demographics of South Dakota's public education workforce, with an emphasis on the geographic distribution of K-12 teachers, their years of experience, years until retirement, and their areas of educational expertise. The…

Each public school selected to participate in the biennial national assessment of educational progress shall do so pursuant to 20 U.S.C. § 6311(c)(2) as in effect on January 1, 2003. Source: SL 2003, ch 89 , § 1.

A single, statewide state accountability system is established. The system shall hold public schools accountable for the academic achievement of their students and shall ensure that all public schools make yearly progress in continuously and substantially improving the academic a…

The state accountability system shall be based on the South Dakota Content Standards in reading and mathematics approved by the South Dakota Board of Education Standards. The yearly progress of students shall be measured by the state academic assessments as may be prescribed by t…

The state accountability system shall measure whether all students meet or exceed the state's proficient level of academic achievement. Multiple indicators shall be established to indicate continuous and substantial academic improvement of the achievement of all public school stu…

The state accountability system shall determine annually the progress of each public school, including the annual progress of sub-groups of students, using annual assessment data and data from additional academic indicators. Source: SL 2003, ch 90 , § 4; SL 2012, ch 89 , § 4.