S.D. Codified Laws § 13-65-6 — SD Code / Title 13 / Chapter 65 / Section 13-65-6
Responsibilities of eligible students and their parents
Status: in_force

The responsibilities of an eligible student and an eligible student's parent in participating in the program include the following:

(1) An eligible student's parent shall select a qualifying school and apply for admission of the eligible student;

(2) An eligible student participating in the program shall remain in attendance throughout the school year, at the qualifying school in which the eligible student is enrolled, unless, excused by the school for illness or other good cause, or the eligible student has transferred to another school;

(3) An eligible student and an eligible student's parent shall comply with the published policies of the qualifying school in which the eligible student is enrolled;

(4) An eligible student's parent shall ensure that the eligible student participating in the program takes the norm-referenced tests or statewide assessments administered by the qualifying school; and

(5) The parent of an eligible student, upon receipt of a scholarship warrant from the scholarship granting organization, shall restrictively endorse the warrant to the qualifying school district for deposit.

Source: SL 2016, ch 102, § 6.
S.D. Codified Laws § 13-6-84 — SD Code / Title 13 / Chapter 6 / Section 13-6-84
Board proposal for boundary change and land exchange
Status: in_force

The school board of a school district may propose to change the boundary of the school district and exchange land with another school district under criteria described in §§ 13-6-84.1 to 13-6-84.3 , inclusive, and 13-6-86 .

Source: SL 1955, ch 41, ch 8, § 20; SL 1959, ch 60, § 2; SDC Supp 1960, § 15.2017; SL 1961, ch 73, § 1; SL 1963, ch 72; SL 1973, ch 85, § 35; SL 1979, ch 112, § 1; SL 2016, ch 82, § 2.
S.D. Codified Laws § 13-55-65 — SD Code / Title 13 / Chapter 55 / Section 13-55-65
Critical Teaching Needs Scholarship Board
Status: in_force

The South Dakota critical teaching needs scholarship program shall be administered by the Critical Teaching Needs Scholarship Board, which is hereby established. The board shall consist of five members appointed by the Governor for a term of five years, except that the initial appointments shall be for periods of one, two, three, four, and five years. A majority of the board shall be present either personally or by teleconference to constitute a quorum. The secretary of education shall routinely collect data from school districts to determine the critical need teaching areas, and the board shall use this data when selecting eligible critical need teaching areas.

The Board of Regents shall provide necessary support services to the board.

Source: SL 2013, ch 91, § 2, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-55-69 — SD Code / Title 13 / Chapter 55 / Section 13-55-69
Grade point average--Written essay or other information
Status: in_force

In addition to the eligibility criteria identified in § 13-55-68 , applicants shall have maintained a minimum cumulative grade point average of 2.8 on a 4.0 scale, and a grade point average of 2.8 for all major course work. The Critical Teaching Needs Scholarship Board may require applicants to submit a written essay or other information by which to judge the academic and personal qualifications of the applicant.

Source: SL 2013, ch 91, § 6, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-37-1.2 — SD Code / Title 13 / Chapter 37 / Section 13-37-1.2
Department as agency responsible for special education--Regulatory and coordinating authority
Status: in_force

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 over any program within any state agency insofar as such programs pertain to the special education of children in need of special education or special education and related services.

Source: SL 1976, ch 120; SL 1988, ch 134, § 6; SL 1990, ch 195, § 1; SL 1996, ch 8, § 28; SL 2003, ch 272, § 63; SL 2010, ch 77, § 12.
S.D. Codified Laws § 13-42-29 — SD Code / Title 13 / Chapter 42 / Section 13-42-29
Administrator not meeting certification standards to submit professional development plan
Status: in_force

Each school administrator whose preparation does not meet certification standards established by the South Dakota Board of Education Standards shall submit to the Department of Education a professional development plan to meet the alternative certification requirements established by the South Dakota Board of Education Standards.

Source: SL 2003, ch 104, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 133, § 3; SL 2004, ch 133, § 6, eff. July 1, 2008; SL 2012, ch 88, § 36; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-55-24 — SD Code / Title 13 / Chapter 55 / Section 13-55-24
Reduced tuition--Teachers, vocational instructors, and school counselors--Records
Status: in_force

A teacher, vocational instructor, or school counselor, who meets the requirements of §§ 13-55-27 and 13-55-27.1 , and all of the requirements for admission, may attend and pursue any undergraduate or graduate course in any institution under the control and management of the Board of Regents upon the payment of fifty percent of tuition and one hundred percent of required fees. If the teacher, vocational instructor, or school counselor enrolls in a distance education course under the control and management of the Board of Regents or other course under the control and management of the Board of Regents that is not subsidized by the general fund, the teacher, instructor, or counselor is entitled to a benefit of fifty percent of the tuition to be paid to the institution by the Board of Regents based on the in-state resident tuition rate.

The Board of Regents shall maintain an annual record of the number of participants and the tuition dollar value of such participation.

Source: SL 1993, ch 150, § 1; SL 2016, ch 99, § 1; SL 2023, ch 60, § 1; SL 2024, ch 64, § 1.
S.D. Codified Laws § 13-6-13.1 — SD Code / Title 13 / Chapter 6 / Section 13-6-13.1
Former school district representation areas for consolidated districts--Establishment--Election of board members
Status: in_force

When the reorganization plan is submitted, the school board or the electors of the district may establish school board representation areas to represent each former school district that consolidated to form the reorganized school district. Each former school district representation area shall be formed by adhering to standards of population deviance as established by judicial precedence. The former school district representation areas shall be established after an election is called and held pursuant to §§ 13-8-3 to 13-8-5 , inclusive, by a majority vote of the electors voting at the election. The former school district representation areas, if established, shall become effective January first of the following year. If former board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. The reorganization plan shall state whether the school board member candidates shall be elected at large or elected by the voters who reside within the representation area.

Any current board members shall serve the balance of their term. At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.

Source: SL 1988, ch 136; SL 2021, ch 73, § 3.
S.D. Codified Laws § 13-51A-35 — SD Code / Title 13 / Chapter 51A / Section 13-51A-35
Power to issue refunding bonds for unmatured obligations
Status: in_force

The board shall have power, and is hereby authorized from time to time, to also issue negotiable refunding bonds hereunder to refund bonds at or prior to their maturity or which by their terms are subject to redemption before maturity, or both, in an amount necessary to refund:

(1) The principal amount of the bonds to be refunded;

(2) The interest to accrue up to and including the maturity date or dates, or to the next succeeding redemption date thereof; and

(3) The applicable redemption premiums, if any.

Source: SL 1971, ch 134, § 4 (C).
S.D. Codified Laws § 13-3-51.2 — SD Code / Title 13 / Chapter 3 / Section 13-3-51.2
Information not subject to survey, analysis, or evaluation without consent
Status: in_force

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 student or the student's family;

(3) Sex behavior or attitudes of the student or the student's family;

(4) Illegal, anti-social, self-incriminating, or demeaning behavior;

(5) Critical appraisals of other individuals with whom respondents have close family relationships;

(6) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(7) Religious practices, affiliations, or beliefs of the student or student's parent;

(8) Personal or family gun ownership; or

(9) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);

The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.

Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. § 1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.

Source: SL 2014, ch 76, § 3.
S.D. Codified Laws § 13-11-8 — SD Code / Title 13 / Chapter 11 / Section 13-11-8
Encumbrance of budget unexpended from prior fiscal year--Resolution--Detailed listing
Status: in_force

The school board may by resolution at its first meeting in July encumber that portion of the unexpended budget from the prior fiscal year for which legal obligations were incurred but were not paid. The resolution shall state the budget account and amount encumbered. The business manager shall keep a detailed listing by payee and amount supporting such amount shown in the resolution.

Source: SL 1976, ch 111.
S.D. Codified Laws § 13-48-43 — SD Code / Title 13 / Chapter 48 / Section 13-48-43
Physical location in this state defined
Status: in_force

For the purposes of this chapter, physical location in this state, means the ongoing occupation of a physical location in South Dakota for instructional purposes or the maintenance of an administrative office to facilitate instruction. The following activities do not constitute the use of a physical location in this state: delivering of distance education courses online, through correspondence or broadcast; advertising; recruiting; contractual arrangements to acquire goods or services, including educational or examination proctoring services, with institutions or businesses physically located in South Dakota; courses delivered on military installations by an accredited institution limited to active and reserve military personnel, dependents of military personnel, and civilian employees of the military installation; field trips; operation of a server or other electronic service device; short courses (twenty classroom hours or less, or the equivalent thereof); courses for which fewer than twenty-five percent of class requirements take place in a setting where the instructor and students physically meet together; and experiential learning opportunities, such as a clinical, practicum, residency, or internship, if the offering institution has already obtained all the necessary professional and licensure approvals necessary to conduct the learning opportunity in the state, and that only ten students from each institution are physically present simultaneously at a single field site.

Source: SL 2014, ch 96, § 2.
S.D. Codified Laws § 13-64-15 — SD Code / Title 13 / Chapter 64 / Section 13-64-15
Immunity from liability
Status: in_force

No law enforcement officer or county sheriff, nor the Law Enforcement Officers Standards Commission, Division of Criminal Investigation, Office of Attorney General, the State of South Dakota, nor any agents, employees, or members thereof, is liable for any injury caused by, related to, or resulting from:

(1) The implementation of the school sentinel program established by this chapter;

(2) The adoption, promulgation, administration, or implementation of educational and training standards for school sentinels;

(3) The training provided by the Law Enforcement Officers Standards Commission, the Division of Criminal Investigation, the Office of Attorney General, or the state;

(4) The approvals required by the county sheriff under this chapter; or

(5) The performance, administration, or implementation of any services or programs that assist a school district in carrying out its duties under this chapter.

Source: SL 2013, ch 93, § 17.
S.D. Codified Laws § 13-24-23 — SD Code / Title 13 / Chapter 24 / Section 13-24-23
National motto to be displayed in prominent location of public school
Status: in_force

Beginning in the 2019-2020 school year, the national motto of the United States, "In God We Trust," shall be displayed in each public school. The display shall be located in a prominent location within each public school. The display may take the form of a mounted plaque, student artwork, or any other appropriate form as determined by the school principal. The display shall be easily readable and may be no smaller than twelve inches wide by twelve inches high.

For the purposes of this section, a prominent location is a school entryway, cafeteria, or other common area where students are most likely to see the national motto display.

Source: SL 2019, ch 82, § 1.
S.D. Codified Laws § 13-49-36 — SD Code / Title 13 / Chapter 49 / Section 13-49-36
Federal grants and contracts fund
Status: in_force

There is hereby established in the state treasury the federal grants and contracts fund. The Board of Regents and its institutions may accept and shall deposit into the fund any money received from grants, contracts, or cooperative agreements with federal government agencies. Any money in the fund is continuously appropriated to the Board of Regents and its institutions. The Board of Regents and its institutions may expend money in the fund for expenditures related to federal grants and contracts. Interest earned on money in the fund shall be deposited into the fund. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2 .

Source: SL 2017, ch 82, § 1.
S.D. Codified Laws § 13-17-1 — SD Code / Title 13 / Chapter 17 / Section 13-17-1
School board authorized to compromise judgments
Status: in_force

The school board of any school district is hereby authorized and empowered to make a compromise settlement of the whole or part of any judgment which such school district may have against any judgment debtor in this state.

Source: SL 1939, ch 55, § 1; SL 1955, ch 41, ch 10, § 38; SDC Supp 1960, § 15.2238.
S.D. Codified Laws § 13-51-5 — SD Code / Title 13 / Chapter 51 / Section 13-51-5
Separate institutional funds in treasury for self-liquidating projects
Status: in_force

The state treasurer may establish separate funds for each of the state institutions under the supervision of the Board of Regents for which the Board of Regents has or may hereafter issue self - liquidating revenue bonds to provide funds for the construction of self - liquidating projects.

Source: SL 1963, ch 335.
S.D. Codified Laws § 13-39A-6 — SD Code / Title 13 / Chapter 39A / Section 13-39A-6
President--Meetings
Status: in_force

The board shall elect a president from the board's members. The president's term of office is two years. Meetings may be held at the call of the president, the executive director, or by joint request of a majority of the members if reasonable notice is given.

Source: SL 2017, ch 81, § 6.
S.D. Codified Laws § 13-8-7.1 — SD Code / Title 13 / Chapter 8 / Section 13-8-7.1
School board member representation areas--Establishment--Election of board members
Status: in_force

Any school board may establish school board member representation areas. The electors of any school district may also establish school board representation areas by a majority vote of all electors voting at an election called and held as set forth in §§ 13-8-3 to 13-8-5 , inclusive. The representation areas, if established, shall become effective January first of the following year. Each representation area shall include a population with a variance of not more than five percent and shall be reapportioned at least once every ten years. If board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. Before the school board member representation areas are established, the entity responsible for establishing the school board member representation areas shall state whether the board members will be elected at large or elected by the voters who reside within the representation area or elected by any combination thereof.

All current board members shall serve the balance of their terms. At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.

Source: SL 1988, ch 137; SL 2006, ch 76, § 2; SL 2007, ch 91, § 1.
S.D. Codified Laws § 13-37-49 — SD Code / Title 13 / Chapter 37 / Section 13-37-49
Record of public school child count subject to examination by department
Status: in_force

Any records related to the reporting of the child count of a public school district shall be subject to examination by the Department of Education at all times.

Source: SL 1999, ch 90, § 5; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-53-2 — SD Code / Title 13 / Chapter 53 / Section 13-53-2
Unnecessary duplication of departments and facilities prohibited
Status: in_force

The Board of Regents is expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in multiplication, except where the obvious needs of the special work of the school make such multiplication necessary.

Source: SDC 1939, § 15.0713.
S.D. Codified Laws § 13-1-59 — SD Code / Title 13 / Chapter 1 / Section 13-1-59
Promulgation of rules to accommodate news media coverage of high school activities
Status: in_force

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 journalism at such events, free of charge, subject to reasonable limitations for public safety, available space, and the right of the general public to attend such events.

Source: SL 2013, ch 69, § 3; SL 2021, ch 70, § 3.
S.D. Codified Laws § 13-6-97 — SD Code / Title 13 / Chapter 6 / Section 13-6-97
Required reorganization of school district with low enrollment--Exceptions
Status: in_force

Any school district that has a fall enrollment, as defined in § 13-13-10.1 , of fewer than one hundred and is not a sparse school district, as defined in § 13-13-78 , shall reorganize with one or more school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. After July 1, 2007, if the fall enrollment of any school district that is not a sparse school district falls to one hundred or fewer, that school district shall prepare a plan for reorganization within two years. If a school district is required to prepare a plan for reorganization under this section and fails to prepare a plan, the Board of Education Standards shall prepare a plan for reorganization for that school district. The minimum fall enrollment for any school district that does not operate a high school and that contracts with an adjoining school district in Minnesota to educate its resident high school students is equal to a pro-rated share of one hundred based upon the number of grades offered within the school district. The provisions of this section do not apply to:

(1) A school district that receives no state aid distributed pursuant to chapter 13-13 , and that is located not less than twenty-five miles from the nearest high school in an adjoining school district in the state;

(2) A school district that is part of a consortium of school districts exercising joint governmental powers pursuant to chapter 1-24 , or intergovernmental cooperation in education pursuant to chapter 13-15 for the purposes stated in § 13-8-1 , if the joint powers agreement or intergovernmental cooperation agreement is approved each year before the first day of July by the secretary of education; and

(3) The only school district in the county with an existing attendance center, and whose attendance center is at least twenty miles away from any other attendance center.

The Board of Education Standards may promulgate rules, pursuant to chapter 1-26 , to establish the procedures and criteria for the secretary's approval of any reorganization agreement required under this section. The criteria established by the Board of Education Standards under this section shall take into account any significant cost savings that may be achieved through the reorganization agreement and the educational needs of the students in the districts that are parties to the reorganization agreement.

Source: SL 2007, ch 93, § 2; SL 2011, ch 85, § 1; SL 2013, ch 72, § 1; SL 2015, ch 85, § 1; SL 2015, ch 89, § 3; SL 2017, ch 81, § 57; SL 2018, ch 90, § 1.
S.D. Codified Laws § 13-53-1 — SD Code / Title 13 / Chapter 53 / Section 13-53-1
Departments and courses of study--Textbooks--Admission and graduation requirements
Status: in_force

The Board of Regents may establish the departments and courses of study, in the institutions under its control, as it thinks best, to determine what textbooks shall be used, what requirements for the admission and graduation of students shall be maintained.

Source: SDC 1939, § 15.0713; SL 1986, ch 143; SL 2002, ch 93, § 1.
S.D. Codified Laws § 13-6-48.2 — SD Code / Title 13 / Chapter 6 / Section 13-6-48.2
Correction of county boundary records to show reorganization--Notice to secretary
Status: in_force

The board of county commissioners shall, upon receipt of an order pursuant to § 13-6-48.1 , correct the legal description of the school district, or school districts, as the same may appear in its records, and immediately thereafter shall notify the secretary of the Department of Education that the county records have been corrected in accordance with the order of the secretary of the Department of Education.

Source: SDCL, § 13-6-48 as added by SL 1973, ch 85, § 21; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-55G-3 — SD Code / Title 13 / Chapter 55G / Section 13-55G-3
Reduction of grant
Status: in_force

The memorial education cost equalization grant shall be reduced by the amount of benefits provided under the provisions of P.L. 95-471, as amended to January 1, 1994.

Source: SL 1994, ch 2, § 5.
S.D. Codified Laws § 13-27-11 — SD Code / Title 13 / Chapter 27 / Section 13-27-11
Failure to send child to school as misdemeanor
Status: in_force

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 subsequent offense, a violator of this section is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 15.9915; SL 1955, ch 41, ch 17, § 14; SDC Supp 1960, § 15.9914; SL 1982, ch 86, § 139; SL 1982, ch 142, § 2; SL 2021, ch 76, § 9.
S.D. Codified Laws § 13-7-6 — SD Code / Title 13 / Chapter 7 / Section 13-7-6
Nomination requirements--Deadline--Declaration of candidacy--Petition contents--Circulation period--Verification
Status: in_force

No candidate for elective school board membership may be nominated unless the candidate is a resident voter of the school district and unless the candidate files a nominating petition with the business manager of the school district. The candidate must file the nominating petition before five p.m. local time, on the third Tuesday of:

(1) March, for an election held on the first Tuesday after the first Monday in June; or

(2) August, for an election held on the first Tuesday after the first Monday in November.

The candidate shall sign a formal declaration of candidacy before the circulation of the petition. The petition must be signed by at least twenty voters of the school district or if the school district is divided into school board representation areas, the petition must be signed by at least twenty voters who reside within the school board representation area. If the election is held on the first Tuesday after the first Monday in June, the candidate may not circulate a nominating petition before January first. If the election is held on the first Tuesday after the first Monday of November, the candidate may not circulate a nominating petition before June first.

An individual who signs a petition or the petition circulator shall write the individual's place of residence and date of signing. The petition circulator must verify the petition under oath.

The business manager shall verify by signature that the candidate is a resident voter of the school district and that the nominating petition contains the minimum number of signatures. Upon verification by the business manager, the filing of the nominating petition constitutes nomination and entitles the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition.

Source: SDC 1939, § 15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, § 10; SL 1957, ch 64, § 2; SL 1959, ch 64; SDC Supp 1960, § 15.2310; SL 1968, ch 47, § 1; SL 1975, ch 128, § 33; SL 1979, ch 113, § 2; SL 1981, ch 129, § 1; SL 1985, ch 119, § 2; SL 1995, ch 90, § 2; SL 1996, ch 103, § 1; SL 2004, ch 75, § 7; SL 2007, ch 89, § 2, eff. Feb. 15, 2007; SL 2009, ch 69, § 11; SL 2010, ch 74, § 24; SL 2015, ch 77, § 16 rejected Nov. 8, 2016; SL 2025, ch 40, § 14, eff. Jan. 1, 2026; SL 2026, ch 35, § 7.
S.D. Codified Laws § 13-55A-11 — SD Code / Title 13 / Chapter 55A / Section 13-55A-11
Executive director to administer program
Status: in_force

The executive director shall administer this program and shall:

(1) Adopt rules and regulations, pursuant to chapter 1-26 , to define tuition and mandatory fees, to define residents for the purposes of this chapter, and to determine the amount of grant funds available to students at each eligible institution. The executive director may provide for proration of funds if the available funds are insufficient to pay all approved grants;

(2) Approve and award South Dakota need-based grants; and

(3) Establish and maintain records required by good accounting practices.

Source: SL 1974, ch 141, § 7; SL 1981, ch 159, § 8; SL 1982, ch 156, § 2; SL 2010, ch 104, § 7; SL 2013, ch 92, § 7, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-64-5 — SD Code / Title 13 / Chapter 64 / Section 13-64-5
Permit to carry concealed weapon required
Status: in_force

No provision of § 13-32-7 or any other provisions of state statute is effective to restrict or limit the provisions of this chapter. However, nothing in this chapter authorizes any person to carry a concealed weapon without a valid permit.

Source: SL 2013, ch 93, § 5.
S.D. Codified Laws § 13-7-10.3 — SD Code / Title 13 / Chapter 7 / Section 13-7-10.3
Election dates--Combined election expenses and responsibilities--Candidate and ballot language certified--Deadline
Status: in_force

Any other provision of this chapter notwithstanding, the board of a school district shall, in even-numbered years, hold the school board election in conjunction with the regular June primary election or the regular November general election. Expenses of a combined election must be shared in a manner agreed upon by the school board and the boards of county commissioners involved. All other governmental responsibilities associated with holding elections under the provisions of title 12 and this chapter must be shared as agreed upon by the board of the school district and the boards of county commissioners involved.

The school election official shall certify to the appropriate county auditors the name of each candidate who has qualified for the ballot and each ballot question to be submitted to the voters, on or before the first Friday after the deadline for filing the nominating petitions.

Source: SL 1996, ch 60, § 4; SL 2004, ch 75, § 9; SL 2007, ch 81, § 13; SL 2025, ch 40, § 18, eff. Jan. 1, 2026; SL 2026, ch 35, § 9.
S.D. Codified Laws § 13-42-17.2 — SD Code / Title 13 / Chapter 42 / Section 13-42-17.2
Costs of contested case proceeding
Status: in_force

After conducting a contested case proceeding that results in the denial, nonrenewal, revocation, or suspension of a certificate, the department or commission may assess all or part of its actual costs for the proceeding against the certificate holder or applicant.

Source: SL 2015, ch 98, § 17.
S.D. Codified Laws § 13-49-37 — SD Code / Title 13 / Chapter 49 / Section 13-49-37
Other grants and contracts fund
Status: in_force

There is hereby established in the state treasury the other grants and contracts fund. The Board of Regents and its institutions may accept and shall deposit into the fund any money received from grants, contracts, or cooperative agreements with entities other than the federal government. Any money in the fund is continuously appropriated to the Board of Regents and its institutions. The Board of Regents and its institutions may expend money in the fund for expenditures related to other grants and contracts. Interest earned on money in the fund shall be deposited into the fund. Unexpended money and any interest that may be credited to the fund shall remain in the fund. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2 .

Source: SL 2017, ch 82, § 2.
S.D. Codified Laws § 13-51-6 — SD Code / Title 13 / Chapter 51 / Section 13-51-6
Identification of funds for self-liquidating projects--Consolidation of funds for institution
Status: in_force

When established pursuant to § 13-51-5 , each separate fund shall bear the name of the institution and shall be further identified by such other descriptive terminology as may be proper and conform to contracts regarding self - liquidating projects executed by the Board of Regents, provided, however, that the funds authorized by § 13-51-5 shall consolidate the funds of each institution.

Source: SL 1963, ch 335.
S.D. Codified Laws § 13-1-46 — SD Code / Title 13 / Chapter 1 / Section 13-1-46
Public schools to permit military and National Guard recruiters access to students
Status: in_force

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 school facilities and students, at reasonable times and at reasonable places, for the purposes of providing information about military careers and benefits.

Source: SL 2002, ch 81, § 2; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-48-40 — SD Code / Title 13 / Chapter 48 / Section 13-48-40
Complaints--Enforcement by attorney general
Status: in_force

The Office of Attorney General, Division of Consumer Protection, shall review and act on any complaint, as the term is defined by § 13-48-34 , concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiring a postsecondary institution to cease its operations in the state. If a complaint relates to a postsecondary institution controlled by the Board of Regents, the attorney general shall refer the matter to the Board of Regents. If a complaint relates to a postsecondary institution with oversight by the South Dakota Board of Technical Education, the attorney general shall refer the matter to the South Dakota Board of Technical Education. In all other cases, the attorney general shall refer the complaint to the institution and provide the institution with no less than thirty days to respond to the matters set forth in the complaint, including an opportunity to demonstrate any actions the institution has taken or plans to take in response to the complaint, and to consider whether the complainant has exhausted all available administrative remedies within the institution's policies and procedures. In administering the requirements of this section, the attorney general may refer a complaint to an institution's accrediting agency for review and investigation, with the accrediting agency providing a report of the agency's investigation to the attorney general for further disposition. In enforcing this chapter, the attorney general has all the enforcement powers, authorities, and remedies provided by chapter 37-24 .

Source: SL 2012, ch 100, § 7; SL 2018, ch 9, § 4.
S.D. Codified Laws § 13-8-19 — SD Code / Title 13 / Chapter 8 / Section 13-8-19
Approval and filing of bonds
Status: in_force

The bonds of the business manager shall be approved by the school board.

The bonds shall be filed with the county auditor.

Source: SDC 1939, § 15.2009; SL 1955, ch 41, ch 9, § 21; SL 1957, ch 66, § 3; SDC Supp 1960, § 15.2321; SL 1973, ch 86, § 10.
S.D. Codified Laws § 13-16-18 — SD Code / Title 13 / Chapter 16 / Section 13-16-18
Deposit and investment of fund accumulations--Crediting of interest--Maturity of bond redemption fund investments--Filing of resolutions
Status: in_force

All accumulations in all school district funds shall be deposited in lawful depositories in checking accounts, savings accounts, or time deposits, or invested, except as hereinafter limited, in:

(1) Bonds, registered warrants, or promissory notes of the school district making the investment, or securities issued and guaranteed by the United States government; or

(2) Investments authorized by § 4-5-6.2 .

The interest accruing on the investment or deposit shall be credited to the respective fund or the general fund. Other than permanent, trust, retirement, building, and depreciation reserve funds, such securities shall mature within eighteen months from the date of purchase or be redeemable at par at the option of the holder within eighteen months from the date of purchase.

Moneys in any bond redemption fund may be invested only in the types of investments listed in subdivision (1). The investments shall be due and payable on or before the date when the bonds for the payment of which the bond redemption fund was created become due and payable, except bonds of the United States redeemable at par.

In carrying out the provisions of this section, all transactions shall be by resolutions of the board, which resolutions shall be regularly filed and recorded with the business manager as a public record.

Source: SDC 1939, § 15.2209; SL 1955, ch 41, ch 10, § 6; SDC Supp 1960, § 15.2206; SL 1976, ch 114; SL 1978, ch 108; SL 1985, ch 126; SL 2011, ch 26, § 2.
S.D. Codified Laws § 13-1-66.1 — SD Code / Title 13 / Chapter 1 / Section 13-1-66.1
Graduation ceremony--Military-enlistment decoration permitted
Status: in_force

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 was issued to the student by the South Dakota National Guard or a branch of the armed forces, for the purposes of being worn at the graduation ceremony.

Source: SL 2025, ch 74, § 1, eff. Mar. 11, 2025; SL 2025, ch 74, § 1, eff. Mar. 11, 2025.
S.D. Codified Laws § 13-49-19 — SD Code / Title 13 / Chapter 49 / Section 13-49-19
Customary management powers conferred on board
Status: in_force

It is the intention of §§ 13-49-15 to 13-49-18 , inclusive, to confer upon the Board of Regents all powers usually exercised by such boards, and which are necessary to the proper legal management of the educational institutions placed under its control, and the property belonging to the same.

Source: SDC 1939, § 15.0711.
S.D. Codified Laws § 13-32-23 — SD Code / Title 13 / Chapter 32 / Section 13-32-23
Multi-occupancy changing rooms, sleeping quarters, and restrooms--Use restricted--Exceptions
Status: in_force

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, and sleeping quarters by designating each as available for use exclusively by female students or for use exclusively by male students.

The prohibitions set forth in this section do not apply to:

(1) The accommodation of an individual protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (January 1, 2025) or the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. (January 1, 2025);

(2) An individual who accompanies a student requiring assistance because of age;

(3) A law enforcement officer, fire official, or employee of the district, acting in an official capacity;

(4) An individual providing emergency medical assistance; or

(5) An individual providing custodial, maintenance, or inspection services, provided the changing room or restroom is unoccupied.

Source: SL 2025, ch 84, § 3.
S.D. Codified Laws § 13-3-96 — SD Code / Title 13 / Chapter 3 / Section 13-3-96
Annual survey of schools
Status: in_force

The Department of Education shall annually conduct a survey of each applicable school to determine compliance with the requirements of §§ 13-3-91 , 13-3-94 , and 13-3-95 .

Source: SL 2017, ch 75, § 4.
S.D. Codified Laws § 13-49-13 — SD Code / Title 13 / Chapter 49 / Section 13-49-13
Government and regulation of institutions--Supervision of buildings and property
Status: in_force

Unless otherwise expressly provided in statute, the Board of Regents shall govern and regulate each institution under its control in such manner as it deems best calculated to promote the purpose for which the institution is maintained, and shall have charge and supervision of all buildings and property connected therewith, and the construction of all buildings for the institution.

Source: SDC 1939, § 15.0708; SL 2007, ch 109, § 12.
S.D. Codified Laws § 13-33A-13 — SD Code / Title 13 / Chapter 33A / Section 13-33A-13
Nasal glucagon--Use--Storage--Maintenance
Status: in_force

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 , inclusive, must be:

(1) Stored in a secure location, accessible by the school nurse or another employee of the school district or nonpublic school authorized in accordance with § 13-33A-15 ; and

(2) Maintained in accordance with the manufacturer's instructions.

Source: SL 2024, ch 57, § 2.
S.D. Codified Laws § 13-49-20.5 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.5
Veterinary student grants
Status: in_force

The Board of Regents shall establish an assistance program for South Dakota resident students who have been admitted to accredited institutions of higher education in a course of veterinary medicine. For all students participating in the program on January 1, 1991, the awards shall be equal to the difference in tuition between the resident and nonresident tuition charged at the institution attended by the eligible students. The Board of Regents may prorate awards provided to students accepted into the program between July 1, 1991, and December 31, 1991, based upon the number of eligible students and the amount of funds available. However, the prorated share to each student may not be greater than the difference in tuition between the resident and nonresident tuition charged at the institution attended by the eligible students. Effective January 1, 1992, students will be accepted into the program on a competitive basis, provided that available funding will permit acceptance of additional award recipients. The executive director of the Board of Regents, in consultation with an advisory committee appointed for the purposes of this section, shall determine the number of new students to be accepted into the program, the criteria for their selection and the amount of awards available to them. No award may be greater than the difference in tuition between the resident and nonresident tuition charged at the institution attended by the participating students. The advisory committee, chaired and appointed by the executive director, shall consist of the dean of the College of Agriculture at South Dakota State University, the head of the Department of Veterinary Science, the state veterinarian, a representative of livestock and dairy producers, the president of the State Veterinary Medicine Association, and one veterinarian who is a member of the State Veterinary Association. New students to be accepted into the program shall be selected by such a committee as the Board of Regents establishes to select candidates for competitive assistance administered under its authority.

The Board of Regents shall promulgate rules pursuant to chapter 1-26 governing the procedure for awarding the resident student awards for the study of veterinary medicine. The grant of this authority and these funds may not be construed as providing scholarship assistance in contravention of § 13-55-1 .

Source: SL 1984, ch 129, § 2; SL 1991, ch 157, § 5; SL 1992, ch 140, § 2A.
S.D. Codified Laws § 13-49-16 — SD Code / Title 13 / Chapter 49 / Section 13-49-16
Contracts let in accordance with public agency procurement law
Status: in_force

Any contract for the erection and repair of any building and the purchase of ordinary supplies shall be let in accordance with chapters 5-18A and 5-18B except in the case of coal needed by the institutions.

Source: SDC 1939, § 15.0710; SL 1975, ch 128, § 330; SL 2011, ch 2, § 129.
S.D. Codified Laws § 13-33-17 — SD Code / Title 13 / Chapter 33 / Section 13-33-17
American sign language recognized--Authorized in high school and colleges--Encouraged in elementary schools
Status: in_force

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 level.

Source: SL 1991, ch 148, §§ 1-3 ; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-13-10.2 — SD Code / Title 13 / Chapter 13 / Section 13-13-10.2
Assessed value of property in tax increment financing district created before July 1, 2018--Districts created for industrial or economic development purposes
Status: in_force

The assessed value as determined in § 13-13-10.1 of any property in a tax increment financing district formed on or before December 31, 1994, and created pursuant to chapter 11-9 is the tax increment base, as defined in § 11-9-19 until the district ceases to exist as provided in § 11-9-46 . The assessed values, as determined in § 13-13-10.1 of any property in a tax increment financing district formed after December 31, 1994, and created pursuant to chapter 11-9 , is the total assessed value of the property determined by the Department of Revenue pursuant to § 11-9-24 , until the district ceases to exist as provided in § 11-9-46 . The provisions of this chapter do not apply to any tax increment financing district created after December 31, 1994, for industrial purposes. For the purposes of this chapter, the term, industrial, includes only those activities generally recognized as industrial by zoning authorities within the state, including any factory or any business engaged primarily in the manufacturing or assembly of goods, the processing of raw materials, and the wholesale distribution of products for resale. The provisions of this chapter do not apply to any tax increment financing district created after December 31, 2003, for economic development purposes. For the purposes of this chapter, the term, economic development, includes any area where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the land contained within the tax increment financing district.

This section applies to any tax increment financing district created before July 1, 2018.

Source: SL 1993, ch 126; SL 1996, ch 69, § 15; SL 2004, ch 126, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2018, ch 70, § 1.
S.D. Codified Laws § 13-3-48 — SD Code / Title 13 / Chapter 3 / Section 13-3-48
Standards revision cycle--Content standards
Status: in_force

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; SL 1955, ch 41, ch 2, § 5 subd 15; SDC Supp 1960, §§ 15.0803 (8), 15.0905 (14); SDCL § 13-1-28; SL 1974, ch 123, § 1; SL 1975, ch 128, § 14; SL 1995, ch 87, § 4; SL 1997, ch 84, § 1; SL 1998, ch 83, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 128, § 3; SL 2012, ch 88, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-33-11 — SD Code / Title 13 / Chapter 33 / Section 13-33-11
Instruction to promote mastery of English language
Status: in_force

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.
S.D. Codified Laws § 13-26-9 — SD Code / Title 13 / Chapter 26 / Section 13-26-9
School board decision on opening day of classes--Petition for referendum
Status: in_force

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 voters in the school district, based upon the total number of registered voters voting at the last preceding general election, for districts with more than five thousand registered voters. Petitions in districts with less than five thousand registered voters must be signed by five percent of the total number of registered voters at the last preceding general election. The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section.

Source: SL 1993, ch 133, § 2; SL 2014, ch 84, § 1.
S.D. Codified Laws § 13-19-9 — SD Code / Title 13 / Chapter 19 / Section 13-19-9
Authorization, issuance, and sale of bonds--No election
Status: in_force

All school district bonds shall be authorized, issued, and sold as provided in chapter 6-8B , except that no election shall be held to issue bonds to fund registered warrants.

Source: SDC 1939, § 15.2201; SL 1945, ch 54, § 1; SL 1947, ch 62; SL 1955, ch 41, ch 10, § 17; SDC Supp 1960, § 15.2217; SL 1963, ch 75, § 2; SL 1984, ch 43, § 103.
S.D. Codified Laws § 13-6-99 — SD Code / Title 13 / Chapter 6 / Section 13-6-99
School district created by reorganization to consist of adjoining territory--Exemption
Status: in_force

Any proposed school district created as a result of reorganization shall consist of adjoining territory. However, any plan for reorganization approved by the secretary of education prior to July 1, 2009, is exempt from this requirement. The secretary of education may waive this requirement for any proposed school district if the secretary deems it appropriate after considering the following factors:

(1) The academic program opportunities that would be available to students in the proposed school district in comparison to the academic program opportunities that would be available to those students under other proposals;

(2) The buildings and equipment that exist in the proposed school district;

(3) The economic viability of the proposed school district;

(4) The natural community areas that exist within the confines of the proposed school district;

(5) Transportation issues relative to the proposed school district;

(6) The variety of activities that would be available to students in the proposed school district;

(7) Student enrollment projections for the proposed school district; and

(8) Property valuations and other taxation issues relative to the proposed school district.

Source: SL 2009, ch 72, § 1.
S.D. Codified Laws § 13-24-17.1 — SD Code / Title 13 / Chapter 24 / Section 13-24-17.1
Display of Ten Commandments permitted--Conditions
Status: in_force

An object or document containing the words of the Ten Commandments may be displayed in any public school classroom, public school building, or at any public school event, along with other objects and documents of cultural, legal, or historical significance that have formed and influenced the legal and governmental systems of the United States and the State of South Dakota. Such display of an object or document containing the words of the Ten Commandments:

(1) Shall be in the same manner and appearance generally as other objects and documents displayed; and

(2) May not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed objects and documents.

Source: SL 2000, ch 79, § 1.
S.D. Codified Laws § 13-53-41.1 — SD Code / Title 13 / Chapter 53 / Section 13-53-41.1
Resident status of graduates of high school operated by Bureau of Indian Affairs
Status: in_force

Notwithstanding the provisions of §§ 13-53-23.1 to 13-53-41 , inclusive, any student who is a graduate of an accredited high school operated by the United States Bureau of Indian Affairs in this state is entitled to resident classification for the purposes of postsecondary education at a state supported institution.

Source: SL 2006, ch 86, § 1.
S.D. Codified Laws § 13-28A-1 — SD Code / Title 13 / Chapter 28A / Section 13-28A-1
Open enrollment or tuition regulation programs--Agreements with neighboring states
Status: in_force

The secretary of the Department of Education may enter into agreements with the appropriate parties from the states bordering South Dakota to establish an open enrollment or tuition regulation program between South Dakota and each neighboring state.

Source: SL 2005, ch 102, § 1; SL 2008, ch 81, § 1.
S.D. Codified Laws § 13-39A-24 — SD Code / Title 13 / Chapter 39A / Section 13-39A-24
Lease-purchase agreements between LEAs and health and educational facilities authority or board for capital improvements
Status: in_force

Any LEA may enter into a lease-purchase agreement with the health and educational facilities authority or the board for capital improvements for the design, acquisition, construction, equipping, or improvement of facilities the LEA considers necessary or appropriate. In addition, the board may enter into any lease-purchase agreement for the capital improvements either with an LEA or the health and educational facilities authority.

Any lease-purchase agreement shall include any terms the health and educational facilities authority considers necessary, including without limitation, terms of default, remedies, representations, and covenants of the lessee.

No lease-purchase agreement entered into after July 1, 2017 may be effective until approved by the board. The term, lease-purchase agreement, as used in this chapter includes any sublease.

Source: SL 2017, ch 81, § 24.
S.D. Codified Laws § 13-30-2 — SD Code / Title 13 / Chapter 30 / Section 13-30-2
Transportation allowance to pupils living in first or second class municipality
Status: in_force

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.
S.D. Codified Laws § 13-55-70 — SD Code / Title 13 / Chapter 55 / Section 13-55-70
Amount of critical teaching needs scholarship
Status: in_force

The amount of the scholarship shall be determined by calculating the student's remaining financial need, and may not exceed the tuition and generally applicable fees for thirty credit hours at a South Dakota public postsecondary institution as of July 1, 2014. The scholarship amount paid to a recipient attending a participating nonpublic postsecondary institution shall equal the amount paid to a recipient attending a public postsecondary institution.

During each year of eligibility, one-half of the annual scholarship shall be paid to public postsecondary institutions on behalf of eligible students there enrolled or directly to eligible students enrolled at nonpublic postsecondary institutions at the beginning of the fall semester, and the other half shall be paid at the beginning of the spring semester.

If, in any year, the total funds available to fund the critical teaching needs scholarships are insufficient to permit each eligible recipient to receive the full amount provided in this section, the available moneys shall be prorated and distributed to each recipient in proportion to the entitlement contemplated by this section. The total amount of the scholarship may not exceed the amount stipulated in this section.

Source: SL 2013, ch 91, § 7, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-63-32 — SD Code / Title 13 / Chapter 63 / Section 13-63-32
Immunity from liability
Status: in_force

The council, its members, the state investment officer, and the employees of the Division of Investment personally are immune from any and all liability for actions taken in good faith in the discharge of the council's responsibilities under the program.

Source: SL 2003, ch 112, § 1.
S.D. Codified Laws § 13-33A-14 — SD Code / Title 13 / Chapter 33A / Section 13-33A-14
Nasal glucagon--Administration--Requirements
Status: in_force

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 student's parent or guardian has provided documentation to the school that the student attends, from the student's physician, that the student is diagnosed with diabetes;

(2) The student's parent or guardian has consented to the administration of nasal glucagon by the school nurse or another employee of the school authorized in accordance with § 13-33A-15 ; and

(3) The student's prescribed glucagon is not available onsite or has expired.

Source: SL 2024, ch 57, § 3.
S.D. Codified Laws § 13-6-4 — SD Code / Title 13 / Chapter 6 / Section 13-6-4
Requirements for school district reorganization
Status: in_force

Reorganization of school districts shall meet the requirements set forth in § 13-6-7 and the standards for proposed school districts as adopted by the South Dakota Board of Education Standards.

Source: SL 1955, ch 41, ch 8, § 5; SL 1959, ch 60, § 1; SDC Supp 1960, § 15.2005; SL 1967, ch 38, § 3; SL 1973, ch 85, § 5; SL 2017, ch 81, § 57; SL 2019, ch 81, § 1.
S.D. Codified Laws § 13-23-10 — SD Code / Title 13 / Chapter 23 / Section 13-23-10
Establishment of attendance center outside boundaries of school district--Joint powers agreement
Status: in_force

A school board may establish an attendance center outside the boundaries of its school district that is within the boundaries of another school district only when both school districts have entered into a joint powers agreement pursuant to chapter 1-24 to provide instruction to the students enrolled in the attendance center.

If each school board adopts a resolution to approve the joint powers agreement, the school board for the school district that will operate the attendance center shall submit the joint powers agreement and each school board's resolution of approval to the secretary of education.

Source: SL 2016, ch 87, § 1.
S.D. Codified Laws § 13-15-1.3 — SD Code / Title 13 / Chapter 15 / Section 13-15-1.3
Contracts between districts for joint facilities
Status: in_force

The school board of a school district bordering on one or more districts may enter into an agreement or contract with the officers of the adjacent school district or districts, if the provisions of such agreement or contract have been approved by the secretary of the Department of Education, to provide for the education of the children who reside within the school districts and to provide for the erection, operation, and maintenance of school facilities for the school districts upon terms and conditions as may be mutually agreed upon between the school districts, subject to the limitations as provided by law. Such contract or agreement is subject to the provisions of the tuition law.

Source: SL 1981, ch 137, § 1; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-55-50 — SD Code / Title 13 / Chapter 55 / Section 13-55-50
Application for admission to approved institution--Determination of scholarship eligibility--Distribution of funds
Status: in_force

Any eligible student seeking to obtain a jump start scholarship shall, by September first of the year following the student's graduation from high school, apply for admission to an approved postsecondary education institution. The institution shall determine the student's initial eligibility, and once the student is admitted into the jump start scholarship program, the executive director of the Board of Regents shall make scholarship payments to the institution on behalf of the student. The approved institutions shall submit to the Board of Regents the names of all eligible students by October first for the first semester and by February twenty-fifth for the second semester, and once the eligibility of each student is verified, the executive director of the Board of Regents shall distribute the funds necessary to award the scholarship to each eligible student to the approved institutions for the first semester on October fifteenth or the first working day thereafter, and for the second semester on March fifteenth or the first working day thereafter.

Source: SL 2011, ch 102, § 4.
S.D. Codified Laws § 13-39A-44 — SD Code / Title 13 / Chapter 39A / Section 13-39A-44
Restrictions on lawful weapons prohibited--Exceptions--Weapon storage requirement--Applicability
Status: in_force

The South Dakota Board of Technical Education or an institution under the control of the board may restrict or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or (3) of § 13-39A-43 :

(1) In a clearly designated portion of a building or structure, only if any of the following are present:

(a) More than fifty-five gallons of flammable liquid, as identified in 29 C.F.R. § 1910.106 (January 1, 2025);

(b) Significant quantities of hazardous materials classified as Category 3 or higher by the 704 Hazard Identification System of the National Fire Protection Association;

(c) K-size cylinders containing corrosive, reactive, flammable, toxic, or oxidizer gases classified as Category 2 or higher by the 704 Hazard Identification System of the National Fire Protection Association;

(d) L-size cylinders of acetylene gas; or

(e) Magnetic resonance imaging equipment or nuclear magnetic resonance equipment;

(2) In a room used for manufacturing or scientific research, if the concentration of airborne particles is controlled in order to maintain an environment with minimal pollutants;

(3) In a clearly designated portion of a building or structure to which a facility security clearance applies or for which a federal security clearance is required; or

(4) In a building or structure during a special event, provided metal detectors and armed security personnel are present at every public entrance to restrict the possession of any dangerous weapon.

Whenever an individual is not carrying or in possession of any item referenced in subdivision (1), (2), or (3) of § 13-39A-43 , the individual shall store the item in a locked case or safe.

Nothing in this section may be construed to prohibit, restrict, or limit the lawful carrying of any item referenced in subdivision (1), (2), or (3) of § 13-39A-43 , beyond that which is necessary to maintain safety, security, or cleanliness within the designated area.

Source: SL 2025, ch 86, § 2.
S.D. Codified Laws § 13-55-46 — SD Code / Title 13 / Chapter 55 / Section 13-55-46
Department to promulgate rules, criteria
Status: in_force

The Department of Education may promulgate rules pursuant to §§ 13-55-37 to 13-55-46 , inclusive, and chapter 1-26 to accept applications for a Richard Hagen - Minerva Harvey memorial scholarship, establish criteria to award a Richard Hagen - Minerva Harvey memorial scholarship, and to maintain eligibility for a Richard Hagen - Minerva Harvey memorial scholarship.

Source: SL 2003, ch 109, § 11; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-55E-13 — SD Code / Title 13 / Chapter 55E / Section 13-55E-13
Promulgation of rules
Status: in_force

Rules necessary to administer this chapter shall be promulgated jointly by the executive director and the state treasurer pursuant to chapter 1-26 . Rules adopted pursuant to this section shall include policies and procedures governing the:

(1) Receipt of payments from purchasers on behalf of beneficiaries;

(2) Accounting and reporting to purchasers of payments deposited and invested in accordance with this chapter;

(3) Period of time during which the beneficiary may receive benefits under the contract;

(4) Terms and conditions under which contracts may be terminated or modified, refunds may be granted and direct payment of benefits may be made pursuant to § 13-55E-11 ;

(5) Provisions of contract benefits at institutions of higher education;

(6) Payment to institutions of higher education on behalf of beneficiaries;

(7) Imposition of fees to cover costs incurred for the administration of this chapter not to exceed the limitation imposed under § 13-55E-9 ; and

(8) Other terms, conditions, and provisions determined necessary for advanced payment contracts and benefits provided under contracts.

Source: SL 1994, ch 145, § 13.
S.D. Codified Laws § 13-32-4.6 — SD Code / Title 13 / Chapter 32 / Section 13-32-4.6
Return to school upon fulfillment of conditions--Revocation of early reinstatement
Status: in_force

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 the student early reinstatement and allow the student to return to school.

If a student violates an early reinstatement condition that the student was required to meet after the student's early reinstatement, but before the end of the expulsion period, the superintendent of the school district may revoke the student's early reinstatement. Within five days after revoking an early reinstatement, the superintendent shall provide written notice of the revocation including any early reinstatement condition that was violated by the student to the student's parent or guardian or to the student, if the student is at least eighteen years of age or an emancipated minor.

If a student's early reinstatement is revoked, the student's expulsion shall continue until the end of the original period of expulsion unless the student's expulsion is firearm-related and the original period of expulsion is modified by the superintendent pursuant to § 13-32-4 .

Source: SL 2010, ch 89, § 3.
S.D. Codified Laws § 13-28-30 — SD Code / Title 13 / Chapter 28 / Section 13-28-30
Period of pupil's membership in school--Date of permanent withdrawal
Status: in_force

A pupil is a member of the school from the date the pupil arrives at the school and is placed on the current roll until the pupil permanently leaves the school. The date of permanent withdrawal is the day the pupil last attended the school.

Source: SL 1955, ch 41, ch 13, § 5; SL 1957, ch 73, § 3; SL 1959, ch 72, § 1; SDC Supp 1960, § 15.3305; SL 1963, ch 85; SL 1964, ch 45; SL 1965, ch 54, § 1; SL 1982, ch 144, § 4; SL 1996, ch 110, § 10; SL 1997, ch 98, § 20.
S.D. Codified Laws § 13-55A-1 — SD Code / Title 13 / Chapter 55A / Section 13-55A-1
Finding as to public interest
Status: in_force

The South Dakota Legislature finds that providing need-based financial aid to qualified resident students enrolled in participating postsecondary institutions within the state is in the public interest.

Source: SL 1974, ch 141, § 1; SL 2013, ch 92, § 1, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-43-5 — SD Code / Title 13 / Chapter 43 / Section 13-43-5
Certificate required before contract signed--Exception when academic training being completed
Status: in_force

A teacher may sign a contract only upon exhibition of a valid certificate to teach the courses and grades in the school contemplated under the contract and to qualify the school for accreditation. A person is eligible to sign a contract if the person is completing academic training which would qualify the person for issuance or renewal of a teaching certificate. However, if a certificate is not issued prior to the time for performance of the contract, the contract is thereafter void. Prior to making payment under the contract, the validity of the certificate shall be verified through the Department of Education's public online certification database.

Source: SDC 1939, § 15.3801; SL 1939, ch 49; SL 1955, ch 41, ch 16, § 8; SDC Supp 1960, § 15.3808; SL 1970, ch 96, § 1; SL 1975, ch 128, § 306; SL 1985, ch 129, § 19; SL 1986, ch 122, §§ 1, 19; SL 1989, ch 153, § 7; SL 2010, ch 95, § 1.
S.D. Codified Laws § 13-3-47 — SD Code / Title 13 / Chapter 3 / Section 13-3-47
Classification and accreditation of schools
Status: in_force

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); SL 1955, ch 41, ch 2, § 5; SDC Supp 1960, § 15.0905 (7), (15); SDCL §§ 13-1-26 , 13-1-27; SL 1975, ch 128, § 13; SL 1988, ch 134, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-49-34 — SD Code / Title 13 / Chapter 49 / Section 13-49-34
Resale of computers leased to students upon expiration of lease
Status: in_force

Notwithstanding the provisions of chapter 5-24A , if the Board of Regents assesses a special student fee to students in order to lease personal computers for the use of those students at a university, the Board of Regents may, upon the expiration of the lease, acquire the computers and offer them for resale to students, staff, or alumni through a university bookstore or to any political subdivision of the state or in bulk at fair market value on the resale market.

Source: SL 2007, ch 111, § 1, eff. Mar. 2, 2007; SL 2011, ch 2, § 130.
S.D. Codified Laws § 13-8-38 — SD Code / Title 13 / Chapter 8 / Section 13-8-38
Travel allowance of school board members
Status: in_force

In addition to per diem as provided in § 13-8-37 , all school board members may receive mileage at the rate set pursuant to § 3-9-1 .

Source: SL 1955, ch 41, ch 9, § 30; SDC Supp 1960, § 15.2330; SL 1969, ch 47; SL 1973, ch 86, § 15; SL 1982, ch 135; SL 2024, ch 20, § 10.
S.D. Codified Laws § 13-16-6.3 — SD Code / Title 13 / Chapter 16 / Section 13-16-6.3
Hearing on installment purchase, lease-purchase or capital outlay certificates--Approval or reference to voters
Status: in_force

Any proposed installment purchase contract, lease - purchase, or issue of capital outlay certificates authorized pursuant to § 13-16-6 or 13-16-6.2 which will obligate the school district for future payments on the principal, the total of which will exceed one and one - half percent of the taxable valuation of taxable property within the district, may not be entered into, or certificates issued, unless prior thereto the school board conducts a public hearing thereon after having given notice by publication at least twice in its official newspaper at least ten days before the hearing. Upon the hearing the board may approve the action or may refer the matter to the voters of the district.

Source: SL 1973, ch 91, § 2; SDCL, § 13-16-6.2 ; SL 1978, ch 109, § 3; SL 1989, ch 146, § 5.
S.D. Codified Laws § 13-58-11 — SD Code / Title 13 / Chapter 58 / Section 13-58-11
Agricultural experiment station continued--Control by Board of Regents
Status: in_force

The agricultural experiment station in connection with the South Dakota State University for the purpose of conducting experiments in agriculture, according to the terms of section 1 of an act of Congress, approved March 2, 1887, and entitled "An Act to establish agricultural experiment stations in connection with the colleges established in the several states, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto," heretofore established, shall continue as such and be and remain under the control of the Board of Regents.

Source: SDC 1939, § 15.1205.
S.D. Codified Laws § 13-7-34 — SD Code / Title 13 / Chapter 7 / Section 13-7-34
Joint school-primary elections--Procedure to return school board term to three years
Status: in_force

If a school board has, by resolution, increased the length of terms from three to four years or decreased the length of terms from three to two years for the purpose of holding joint elections pursuant to § 13-7-10.3 , the school board may decrease the length of terms from four years to three or increase the length of terms from two to three years using the same procedure as used when altering the length of terms for the purpose of holding joint elections pursuant to § 13-7-10.3 , provided that each school board member is entitled to complete the term of office to which the member was elected. The school board is empowered to designate the number of vacancies and the number of the years, not to exceed three years, in each vacancy so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled.

Source: SL 2023, ch 55, § 5.
S.D. Codified Laws § 13-7-9.1 — SD Code / Title 13 / Chapter 7 / Section 13-7-9.1
Death or withdrawal of candidate resulting in no contest
Status: in_force

If death or withdrawal of a candidate or candidates at any time prior to forty - eight hours preceding the opening of the polls in any school district election occasions that there is no contest on the ballot, that ballot need not be voted and if it constitutes the only ballot to be voted upon, then the election may be canceled by the officer responsible for its conduct and the unopposed candidate issued certificate of election as though duly elected.

Source: SL 1971, ch 95.
S.D. Codified Laws § 13-33A-15 — SD Code / Title 13 / Chapter 33A / Section 13-33A-15
Nasal glucagon--Authorized employees--Training--Documentation
Status: in_force

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 hypoglycemia;

(2) The procedure for administering nasal glucagon;

(3) Emergency care for an individual experiencing severe hypoglycemia, including care after administering nasal glucagon; and

(4) The storage, maintenance, and disposal of nasal glucagon.

The school district or the nonpublic school must maintain documentation of each employee who completes the training and who is authorized to administer nasal glucagon in accordance with §§ 13-33A-12 to 13-33A-16 , inclusive.

Source: SL 2024, ch 57, § 4.
S.D. Codified Laws § 13-24-5 — SD Code / Title 13 / Chapter 24 / Section 13-24-5
Oil and gas exploration and development leases authorized--Private or public sale
Status: in_force

The school board of any school district in this state is hereby authorized and empowered to lease its grounds, or any part thereof, for oil and gas exploration and development, for a primary term not to exceed ten years and as long thereafter as oil or gas is or can be produced. Such sale may be at private or public sale, and with or without notice, as may be provided in the resolution of the school board authorizing the same.

Source: SL 1941, ch 72, § 1; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.
S.D. Codified Laws § 13-48-35 — SD Code / Title 13 / Chapter 48 / Section 13-48-35
Certificate of authorization required to provide postsecondary education
Status: in_force

No postsecondary institution may provide educational programs at physical locations in this state unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter. Additionally, except for such postsecondary institutions providing educational programs at physical locations in this state on July 1, 2012, no postsecondary institution may publicize the availability in this state of such programs unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter.

Source: SL 2012, ch 100, § 2.
S.D. Codified Laws § 13-49-10 — SD Code / Title 13 / Chapter 49 / Section 13-49-10
Appointment of executive director--Qualifications--Supervision by board
Status: in_force

The Board of Regents shall appoint an executive director, who shall be a full-time employee of the board. The executive director shall have a graduate degree from a recognized college or university and shall by training and experience be familiar with the operations and problems of institutions of higher education. The executive director shall carry out the directives of the Board of Regents and shall be under the board's general jurisdiction and supervision.

Source: SDC 1939, § 15.0705; SL 1945, ch 49; SL 1955, ch 293, § 1; SL 1968, ch 35, § 1; SDCL Supp, § 13-49-10.1 ; SL 1975, ch 128, § 329; SL 1981, ch 150, § 1; SL 2007, ch 109, § 10.
S.D. Codified Laws § 13-55-31 — SD Code / Title 13 / Chapter 55 / Section 13-55-31
Eligibility requirements for opportunity scholarship
Status: in_force

In order to be eligible for a South Dakota opportunity scholarship award, a student shall:

(1) Be a resident of South Dakota at the time of graduation from high school;

(2) Have a composite score or superscore of 24, or higher, on the ACT or an equivalent score as determined by the Board of Regents on the SAT. The student shall take the ACT or SAT before beginning postsecondary education;

(3) Meet the high school course requirements for graduation as provided in § 13-55-31.1 ;

(4) Attend a university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota; and

(5) Enter into the program within five years of graduation from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school. If a student attends full-time a regionally accredited university, college, or technical school located outside South Dakota and within two years following high school graduation or within two years following release from active military service returns to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.

A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of four academic years (eight consecutive spring and fall terms) or until the attainment of a baccalaureate degree, whichever comes first. However, the executive director of the Board of Regents may grant exceptions to the continuous enrollment requirements for good cause shown.

A student who would have been eligible for the scholarship, but who applies after completing one or more semesters of full-time work at an accredited institution, may be admitted to the program only if the student has complied with the same grade point and credit hour requirements that would apply to program participants. Admission granted under these circumstances may not be retroactive, and eligibility for participation in the program shall be reduced by one semester for each semester of work completed prior to admission to the program.

Source: SL 2003, ch 110, § 2; SL 2006, ch 89, § 1; SL 2008, ch 87, § 1; SL 2008, ch 88, § 1; SL 2010, ch 96, § 2; SL 2020, ch 66, § 1.
S.D. Codified Laws § 13-13-1.3 — SD Code / Title 13 / Chapter 13 / Section 13-13-1.3
Overreported fall enrollment data--Recovery of overpayment--Misdemeanor
Status: in_force

If, in the department's examination of fall enrollment, it is determined that the data was overreported, the department shall recover the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the person responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in § 13-8-44 , with the maximum penalty as defined in § 22-6-2 .

Source: SL 1996, ch 69, § 11; SL 2007, ch 93, § 14.
S.D. Codified Laws § 13-3-92 — SD Code / Title 13 / Chapter 3 / Section 13-3-92
Cardiopulmonary resuscitation training resources
Status: in_force

Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.

Source: SL 2014, ch 79, § 2.
S.D. Codified Laws § 13-13-5 — SD Code / Title 13 / Chapter 13 / Section 13-13-5
Report and distribution of county general school fund to school districts
Status: in_force

The county treasurer shall on or before the fifth day of January and July furnish the county auditor with a statement of all money in the county treasury belonging to the county general school fund and shall pay the money, upon the order of the auditor, to the public school districts having land area within the county in proportion to the average daily membership of children residing in the school districts as certified by the Department of Education.

Source: SDC 1939, § 15.1603; SL 1971, ch 105, § 2; SL 1983, ch 125; SL 2010, ch 77, § 5.
S.D. Codified Laws § 13-11-7 — SD Code / Title 13 / Chapter 11 / Section 13-11-7
Monthly payments to school districts--Interest on late payments--Statements to business manager
Status: in_force

The county auditor shall transfer, by the twentieth day of the month, all money received during the prior month on behalf of each school district to each district. Any county failing to distribute the receipts within the time prescribed is subject to an interest charge of one percent per month based on the receipts for the first thirty days of delinquency or part thereof and thereafter, one percent per month for each month or part thereof. When any funds which have been collected by the county for the district from taxes or from any other source are remitted to the district, the county auditor shall send to the school district business manager a statement showing the exact source and amount of the funds. The statement shall be made in a form and contain information prescribed by the secretary of the Department of Education.

Source: SL 1955, ch 41, ch 10, § 9; SDC Supp 1960, § 15.2209; SL 1975, ch 128, § 78; SL 1976, ch 112; SL 1980, ch 121; SL 1984, ch 114, § 2; SL 1989, ch 140; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-55-6 — SD Code / Title 13 / Chapter 55 / Section 13-55-6
Free education of children of residents who died during service in armed forces
Status: in_force

Any person under the age of twenty-five years, a resident of this state, who is a child of a deceased parent, mother or father, who was a veteran as defined in § 33A-2-1 , who was for at least six months immediately prior to entry into active service a bona fide resident of this state, and who suffered death from any cause while in the service of the armed forces of the United States, is entitled to free tuition and entitled to attend and pursue any course or courses of study in any state educational institution under the control and management of the Board of Regents or any technical college as defined in § 13-39A-1 without the payment of any charges or costs therefor.

Source: SL 1947, ch 186, § 1; SL 1951, ch 216; SDC Supp 1960, § 15.0717-2; SL 1981, ch 158; SL 2004, ch 135, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2017, ch 81, § 62; SL 2020, ch 61, § 49.
S.D. Codified Laws § 13-51A-16 — SD Code / Title 13 / Chapter 51A / Section 13-51A-16
Rights of prior bondholders protected
Status: in_force

If the board provides that any bonds issued under this chapter shall be payable from the income and revenues of any project acquired before July 1, 1971, any such provision for the payment of said bonds from the income and revenues of any such project theretofore acquired shall be subject to, and in all respects in full conformity and compliance with, the rights of the holders of any bonds or obligations payable from the income and revenues of any such project theretofore issued by the board and then outstanding.

Source: SL 1971, ch 134, § 5, subdiv 2.
S.D. Codified Laws § 13-35-6 — SD Code / Title 13 / Chapter 35 / Section 13-35-6
Extension of food services program to elderly persons
Status: in_force

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 determined by the school board.

Source: SL 1973, ch 107, § 1; SL 1975, ch 128, § 226; SL 2010, ch 77, § 11.
S.D. Codified Laws § 13-51A-29 — SD Code / Title 13 / Chapter 51A / Section 13-51A-29
Bonds as legal investments
Status: in_force

The state and all counties, cities, villages, incorporated towns, and other municipal corporations, political subdivisions, and public bodies, and public officers of any thereof, all banks, subject to applicable investment limitations, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all personal representatives, conservators, trustees, and other fiduciaries may legally invest any debt service funds, moneys, or other funds belonging to them or within their control in any bonds issued pursuant to this chapter, it being the purpose of this section to authorize the investment in such bonds of all debt service, insurance, retirement, compensation, pension, and trust funds, whether owned or controlled by private or public persons or officers; provided, however, that nothing contained in this section may be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities for purchase or investment.

Source: SL 1971, ch 134, § 11; SL 1992, ch 60, § 2; SL 1993, ch 213, § 86.
S.D. Codified Laws § 13-51A-13 — SD Code / Title 13 / Chapter 51A / Section 13-51A-13
Power to issue bonds--Purposes--Resolution--Signatures
Status: in_force

The board shall have power, and is hereby authorized from time to time, to issue negotiable bonds:

(1) To acquire any one project, or more than one, or any combination thereof, for each such institution; or

(2) To refund bonds heretofore and hereafter issued as hereinafter provided for; or

(3) For either or both of said purposes. The bonds shall be authorized by resolution of the board. Such resolution may provide that one of the officers of the board shall sign such bonds manually and other officials' signatures may be facsimiles.

Source: SL 1971, ch 134, § 4 (A); SL 1975, ch 47, § 11.
S.D. Codified Laws § 13-8-37 — SD Code / Title 13 / Chapter 8 / Section 13-8-37
Compensation of board members
Status: in_force

Each local school board shall set the amount of per diem that each member of that local school board may receive. However, the amount of per diem set by the local school board may not exceed the per diem authorized for the members of the South Dakota Board of Education Standards, pursuant to § 4-7-10.4 . The per diem may be paid for each meeting actually attended by such member and also for each day a member was actually engaged in the service of the board when authorized by the board.

Source: SDC 1939, §§ 15.2325, 15.2521, 15.2608; SL 1945, ch 56; SL 1955, ch 41, ch 9, § 29; SDC Supp 1960, § 15.2329; SL 1965, ch 51; SL 1969, ch 46; SL 1973, ch 86, § 14; SL 1975, ch 128, § 63; SL 1978, ch 104; SL 2004, ch 124, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-55-42 — SD Code / Title 13 / Chapter 55 / Section 13-55-42
Maintaining eligibility--Criteria--Waiver of criteria--Rescission of award
Status: in_force

In order to maintain eligibility, a student who has been awarded a Richard Hagen-Minerva Harvey memorial scholarship shall:

(1) Maintain a cumulative 2.5 grade point average on a 4.0 grade point scale;

(2) Be continuously enrolled for the fall and spring semesters in a public or nonpublic accredited university, college, or technical college;

(3) Complete the equivalent of at least twelve credit hours of instruction per semester; and

(4) Enroll in a public or nonpublic accredited university, college, or technical college no later than the fall semester after the scholarship has been awarded.

If factors beyond the control of a student who has been awarded a Richard Hagen-Minerva Harvey memorial scholarship prevent the student from meeting the requirements in this section, the board may temporarily waive the requirements of this section as eligibility criteria. The board may rescind a scholarship award if the student does not maintain eligibility as prescribed by this section.

Source: SL 2003, ch 109, §§ 6, 7; SL 2005, ch 108, § 2; SL 2014, ch 97, § 3; SL 2020, ch 61, § 57.
S.D. Codified Laws § 13-7-35 — SD Code / Title 13 / Chapter 7 / Section 13-7-35
Election day transition--Incumbent to continue in office until new member elected--Officer entitled to full term
Status: in_force

If the board of a school district schedules an annual election on the first Tuesday after the first Monday in November, each office holder whose term was to expire earlier in that year shall have the term extended until the office holder or another candidate for the office is duly elected and qualified.

If the board of a school district schedules an annual election on the first Tuesday after the first Monday in June to elect an office that was previously elected in November, the office holder who was elected in November must be entitled to complete the term of office to which the office holder was elected.

Source: SL 2025, ch 40, § 19, eff. Jan. 1, 2026.
S.D. Codified Laws § 13-54-9 — SD Code / Title 13 / Chapter 54 / Section 13-54-9
Board of Regents to conduct extension work
Status: in_force

It shall be the duty of the Board of Regents of Education to organize and conduct agricultural extension work as provided by said act of Congress in connection with other agricultural extension work carried on by the South Dakota State University.

Source: SDC 1939, § 4.0502; SDCL, § 38-3-2.
S.D. Codified Laws § 13-39-21 — SD Code / Title 13 / Chapter 39 / Section 13-39-21
Uniform system for gathering and reporting data
Status: in_force

The director shall prescribe a uniform system for gathering and reporting career and technical education data.

Source: SL 1965, ch 37, § 5 (6); SL 1982, ch 147, § 18; SL 2012, ch 88, § 21.
S.D. Codified Laws § 13-6-75 — SD Code / Title 13 / Chapter 6 / Section 13-6-75
Filling of vacancies on school board created by transfer of territory to another district
Status: in_force

If a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by an election conducted by the school board and held prior to the first Monday in May as provided in § 13-6-64 . If less than a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by appointment by the remaining members of the board until the next regular school board election, and such appointments shall coincide with the time limits provided in § 13-6-64 .

Source: SL 1955, ch 41, ch 8, § 24; SL 1957, ch 62, § 6; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2; SL 1973, ch 85, § 29.
S.D. Codified Laws § 13-64-1 — SD Code / Title 13 / Chapter 64 / Section 13-64-1
School board may implement school sentinel program
Status: in_force

Any school board may create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such manner and according to such protocols as the board may believe to be most likely to secure or enhance the deterrence of physical threat and defense of the school, its students, its staff, and members of the public on the school premises against violent attack. Those so authorized shall be referred to as school sentinels.

Source: SL 2013, ch 93, § 1.
S.D. Codified Laws § 13-11-14 — SD Code / Title 13 / Chapter 11 / Section 13-11-14
Refusal of school district to levy tax to pay judgment creditor--Board of county commissioners to levy tax
Status: in_force

If the school board refuses or fails to levy the tax required by § 13-11-13 , the judgment creditor may apply to the board of county commissioners, who shall levy the tax upon the property of the school district. When collected the money shall be paid by the county auditor to the judgment creditor in the same manner that money is delivered to the treasurer of the school district.

Source: SL 1996, ch 107, § 2.
S.D. Codified Laws § 13-67-3 — SD Code / Title 13 / Chapter 67 / Section 13-67-3
Harm incurred by institution
Status: in_force

If an accredited school, school district, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education suffers any direct or indirect harm as a result of a violation of § 13-67-1 , that school, school district, or institution of higher education has a private cause of action for injunctive, mandamus, and declaratory relief, against the governmental entity, licensing or accrediting organization, or activities association or organization.

Source: SL 2022, ch 51, § 3.
S.D. Codified Laws § 13-55-44 — SD Code / Title 13 / Chapter 55 / Section 13-55-44
Expenditure authority appropriated to department
Status: in_force

There is hereby continuously appropriated to the Department of Education any other fund expenditure authority necessary for the department to accept and expend money the department may receive from any source for the purpose for providing a Richard Hagen - Minerva Harvey memorial scholarship.

Source: SL 2003, ch 109, § 9; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-55-30 — SD Code / Title 13 / Chapter 55 / Section 13-55-30
Opportunity scholarship program established
Status: in_force

There is established the South Dakota opportunity scholarship program to be administered by the Board of Regents. The purpose of the program is to allow South Dakota's most academically accomplished high school graduates to receive an affordable education at any university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota.

Source: SL 2003, ch 110, § 1; SL 2004, ch 136, § 1.
S.D. Codified Laws § 13-10-15 — SD Code / Title 13 / Chapter 10 / Section 13-10-15
Suspension or resignation of employee for criminal conviction--Reporting
Status: in_force

If a school board or governing body of any accredited school suspends an employee or an employee resigns or is terminated as a result of a criminal conviction, the superintendent or chief administrator shall, within ten days of the date of the suspension or the date the employment is severed, report the circumstances and the name of the employee to the Department of Education. Any superintendent or chief administrator who fails to report under this section is subject to sanctions found in § 13-8-48 .

Source: SL 2000, ch 76, § 4; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-1-12.1 — SD Code / Title 13 / Chapter 1 / Section 13-1-12.1
Promulgation of rules on classification and accreditation of schools, preparation of certified personnel, eligibility for state aid, career and technical education, and curriculum requirements
Status: in_force

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 determining the eligibility of school districts to receive state aid to education funding, to adopt policies and rules necessary to establish standards and procedures for career and technical education, and to establish curriculum requirements for a recommended high school program for all public and nonpublic schools within the state. The recommended high school program shall include a rigorous high school curriculum in both academic and career and technical courses. The requirements of the recommended program shall be aligned to the academic content standards developed pursuant to § 13-3-48 and shall, at a minimum, include the content standards tested pursuant to § 13-3-55 .

Nothing in this section authorizes the board to require the use of specifically designated curriculum or methods of instruction.

Source: SL 1995, ch 86, § 10; SL 1996, ch 99, § 3; SL 2004, ch 121, § 1; SL 2009, ch 86, § 2, eff. July 1, 2013; SL 2015, ch 81, § 1; SL 2015, ch 89, § 2; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-32-4.5 — SD Code / Title 13 / Chapter 32 / Section 13-32-4.5
Conditions for early reinstatement
Status: in_force

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 granted and before the end of the period of expulsion. Any early reinstatement conditions established by the school board for an expelled student shall pertain to the reasons why the student was expelled, and the board shall provide notice of any early reinstatement conditions to the student's parent or guardian or to the student, if the student is at least eighteen years of age or is an emancipated minor, at the time the student is expelled.

Source: SL 2010, ch 89, § 2.
S.D. Codified Laws § 13-24-9 — SD Code / Title 13 / Chapter 24 / Section 13-24-9
School board power to erect, acquire, equip and dispose of school and accessory buildings--Dormitories for postsecondary students prohibited
Status: in_force

Any school board shall have power to erect, purchase, lease, rent, sell, equip, and move schoolhouses, dormitories, dwellings for teachers' homes, and other structures, fences, or other enclosure as the board shall deem necessary subject to the limitations as provided by law; provided, however, that no school board may erect or purchase dormitories for use by postsecondary or adult vocational education students attending postsecondary vocational schools.

Source: SDC 1939, § 15.2523 (1); SL 1939, ch 44; SL 1955, ch 41, ch 11, § 5; SDC Supp 1960, § 15.2105; SL 1963, ch 74, § 1; SL 1975, ch 129, § 3.
S.D. Codified Laws § 13-7-6.1 — SD Code / Title 13 / Chapter 7 / Section 13-7-6.1
Option to adopt campaign finance law
Status: in_force

The school district governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27 .

Source: SL 1988, ch 60, § 2; SL 2008, ch 67, § 22.
S.D. Codified Laws § 13-53-39 — SD Code / Title 13 / Chapter 53 / Section 13-53-39
Penalties for fraud or deceit by student in applying for resident status
Status: in_force

A student or prospective student who knowingly provides false information or refuses to provide or conceals information for the purpose of improperly achieving resident student status is subject to the full range of penalties, including expulsion, provided for by the Board of Regents.

Source: SL 1996, ch 130, § 17.
S.D. Codified Laws § 13-19-7 — SD Code / Title 13 / Chapter 19 / Section 13-19-7
Bonding power of school districts--Purposes for which bonds authorized
Status: in_force

All school districts are authorized and empowered to issue negotiable bonds for the following purposes only: to refund any bonded indebtedness which is or is about to become due and payable, or whenever such indebtedness can be refunded at a lower rate of interest; to fund any judgments or outstanding warrants, and to raise money for any purpose for which the school board is authorized to spend school district funds.

Source: SDC 1939, § 15.2201; SL 1945, ch 54, § 1; SL 1945, ch 70; SL 1947, ch 62; SL 1947, ch 78; SL 1955, ch 41, ch 10, § 17; SDC Supp 1960, § 15.2217; SL 1963, ch 75, § 2.
S.D. Codified Laws § 13-52-3 — SD Code / Title 13 / Chapter 52 / Section 13-52-3
Acceptance of federal gifts--Governor's approval required--Buildings to be on real property owned by institution
Status: in_force

In order to effectuate and make more workable the provisions of §§ 13-52-1 and 13-52-2 , authority is hereby granted to the Board of Regents to accept gifts of buildings, or other property, real or personal, and of funds for building purposes, made for the benefit of any institution of higher education under its control or subject to its administration, by the federal government or its agencies; provided, however, that the acceptance of such gift must first be approved by the Governor of this state and provided further, that such gift is in keeping with the purposes and programs of such institution of higher education and such gift or bequest does not impose any present or future legal obligation upon the state or the Board of Regents. In the event such gift is for buildings, the same shall be located upon realty owned by said institution affected.

Source: SL 1957, ch 76; SDC Supp 1960, § 15.0735.
S.D. Codified Laws § 13-62-11 — SD Code / Title 13 / Chapter 62 / Section 13-62-11
Transportation allowance
Status: in_force

Transportation shall be as provided in § 13-37-8.9 .

Source: SDC 1939, § 55.4103; SL 1953, ch 296, § 3; SL 1975, ch 128, § 374.
S.D. Codified Laws § 13-49-18 — SD Code / Title 13 / Chapter 49 / Section 13-49-18
Prosecution of actions by board--Proceeds of judgment
Status: in_force

The board may bring suit in any proper court in its own name to enforce any contract made by it, and any suit relating to the property referred to in §§ 13-49-15 and 13-49-16 , or to the care, custody, control, management, or improvements thereof. The attorney general shall prosecute any such suit upon request of the board.

Any moneys collected upon any judgment obtained under the provisions of this section shall be paid into the treasury for the benefit of the educational institutions and credited to the proper fund.

Source: SDC 1939, § 15.0711; SL 2007, ch 109, § 16.
S.D. Codified Laws § 13-39A-8 — SD Code / Title 13 / Chapter 39A / Section 13-39A-8
Member compensation and expenses
Status: in_force

Each member of the board shall be paid per diem compensation and allowable expenses for the member's service on the board pursuant to § 4-7-10.4 .

Source: SL 2017, ch 81, § 8.
S.D. Codified Laws § 13-32-17 — SD Code / Title 13 / Chapter 32 / Section 13-32-17
Action for damages from bullying--Immunity for reporting
Status: in_force

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 school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident. Moreover, the provisions of §§ 13-32-14 to 13-32-19 , inclusive, do not create a cause of action against any school district, school district employee, school volunteer, student, or parent unless there has been substantial noncompliance with the school district's policy resulting in injury to a protected person.

Source: SL 2012, ch 96, § 4.
S.D. Codified Laws § 13-6-3.2 — SD Code / Title 13 / Chapter 6 / Section 13-6-3.2
Record of proceedings kept by county commissioners--Plats transmitted to secretary
Status: in_force

It shall be the duty of the board of county commissioners to preserve and maintain a complete record of all proceedings at the county level relating to the establishment, division, consolidation, or any change of boundaries of school districts, and promptly transmit to the secretary of the Department of Education a correct plat showing any changes in the boundaries of any school district in accordance with the instructions of the secretary of the Department of Education.

Source: SDCL, § 13-6-3 as enacted by SL 1973, ch 85, § 4; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-39-29 — SD Code / Title 13 / Chapter 39 / Section 13-39-29
Property acquired, held, used and transferred by secretary--Legislative approval required for real property
Status: in_force

The secretary of education, through the director, may receive, acquire, have charge of, and operate all properties for the purposes authorized in this chapter. The secretary may acquire by gift, subject to the provisions of § 5-24-12 , or purchase real and personal property for the use of career and technical education and may dispose of or transfer the same whenever the purposes of this chapter are benefited. The secretary may not purchase, lease, sell, encumber, or alienate any real property without the consent and prior approval of the Legislature.

Source: SL 1965, ch 37, § 8; SL 1982, ch 147, § 26; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 24.
S.D. Codified Laws § 13-7-6.2 — SD Code / Title 13 / Chapter 7 / Section 13-7-6.2
Candidate's nominating petition in newly created school district
Status: in_force

If the nominating petition is from a candidate for a vacancy on a new school board within a newly created school district entity pursuant to § 13-6-62 , the nominating petition shall be circulated no more than sixty days prior to the date of the election and filed no later than thirty days prior to the date of the election.

Source: SL 2010, ch 74, § 25.
S.D. Codified Laws § 13-13-79 — SD Code / Title 13 / Chapter 13 / Section 13-13-79
Sparse school districts--Fund distribution
Status: in_force

At the same time that state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41 , inclusive, the secretary of the Department of Education must distribute funds to sparse school districts by multiplying the result of the calculation in either subdivision 13-13-78 (2) or subdivision 13-13-78 (3) by seventy-five percent of the per student equivalent as defined in § 13-13-10.1 , provided that no sparse school district receives a sparsity benefit exceeding one hundred thirty-seven thousand dollars in any fiscal year.

Source: SL 2006, ch 75, § 7; SL 2007, ch 95, § 2, eff. Mar. 1, 2007; SL 2007, ch 93, § 12; SL 2009, ch 78, § 1; SL 2011, ch 92, § 1; SL 2012, ch 93, § 1; SL 2015, ch 89, § 17; SL 2016, ch 83, § 10; SL 2025, ch 77, § 1.
S.D. Codified Laws § 13-32-8 — SD Code / Title 13 / Chapter 32 / Section 13-32-8
School safety patrols--Insurance coverage
Status: in_force

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 student safety patrol members in the operation of such safety patrol.

Source: SL 1976, ch 119.
S.D. Codified Laws § 13-8-50.1 — SD Code / Title 13 / Chapter 8 / Section 13-8-50.1
Fees deposited into school district's public enterprise fund
Status: in_force

Any fees paid to a school district under the provisions of §§ 13-8-50 and 13-28-5 shall be deposited into the school district's public enterprise fund enumerated in § 13-16-2 .

Source: SL 2012, ch 91, § 3, eff. Mar. 1, 2012.
S.D. Codified Laws § 13-51-19 — SD Code / Title 13 / Chapter 51 / Section 13-51-19
Restrictions in deed
Status: in_force

Any deed transferring title pursuant to § 13-51-16 shall contain the restrictions necessary to effectuate the requirements of §§ 5-2-12 , 13-51-17 , and 13-51-18 .

Source: SL 2016, ch 97, § 4.
S.D. Codified Laws § 13-27-9 — SD Code / Title 13 / Chapter 27 / Section 13-27-9
Record of certificates of excuse--Copies to secretary and place of instruction
Status: in_force

A permanent record of all certificates of excuse, pursuant to §§ 13-27-6 and 13-27-6 .1, shall be kept in some safe place as determined by the school board.

Copies of any certificate of excuse shall be forwarded to the secretary of the Department of Education. Copies of any certificates of excuse shall also be forwarded to the place where the child is instructed. The copies shall be forwarded within thirty days of issuance.

Source: SDC 1939, § 15.3202; SL 1955, ch 41, ch 15, § 2; SL 1971, ch 116, § 5; SL 1975, ch 128, § 173; SL 1983, ch 131, § 4; SL 1991, ch 20, §§ 17, 18; SL 1995, ch 97, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 98, § 2; SL 2021, ch 76, § 8.
S.D. Codified Laws § 13-26-1 — SD Code / Title 13 / Chapter 26 / Section 13-26-1
School fiscal year--Local board to set length of school term, day and week--Number of hours in school term
Status: in_force

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 number of hours in the school term for kindergarten programs, which may not be less than four hundred thirty-seven and one-half hours. The number of hours in the school term for grades one through five may not be less than eight hundred seventy-five hours, exclusive of intermissions. The number of hours in the school term for grades six through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermissions. An intermission is the time when students are at recess or lunch and for grades six through twelve, the passing time between classes.

The minimum number of hours required in this section may be waived by the secretary if the Governor or the President of the United States declares a state of emergency and the affected school is located within the area to which the state of emergency is applicable. The Department of Education shall monitor emergency-related school closures and provide updates to the schools.

During a declared state of emergency, the school district shall forward to the Department of Education, at the time and in the manner requested by the department, a record of the continuous instruction provided to the students. The department shall consider the nature and scope of the instruction provided to determine whether it will count towards the minimum number of hours required in a school term.

Source: SDC 1939, § 15.3002; SL 1949, ch 58; SL 1955, ch 41, ch 12, § 8; SDC Supp 1960, § 15.3008; SL 1978, ch 110, § 1; SL 1979, ch 117, § 1; SL 2000, ch 80, § 1; SL 2006, ch 80, § 2, eff. July 1, 2010; SL 2014, ch 83, § 1; SL 2015, ch 91, § 1; SL 2020, ch 56, § 1, eff. Mar. 31, 2020; SL 2021, ch 75, § 1.
S.D. Codified Laws § 13-64-13 — SD Code / Title 13 / Chapter 64 / Section 13-64-13
Ballots on referendum
Status: in_force

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 questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state's attorney. All questions to be voted upon at the same election may be submitted upon the same ballot.

Source: SL 2013, ch 93, § 15.
S.D. Codified Laws § 13-49-38 — SD Code / Title 13 / Chapter 49 / Section 13-49-38
Precision agriculture fund created
Status: in_force

There is hereby created the precision agriculture fund. Money in the fund may be used for the construction and renovation of the precision agriculture classroom and laboratory building and Berg Agriculture Hall; bond redemption; and the annual maintenance, operations, and repair of the buildings. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Board of Regents.

Source: SL 2018, ch 123, § 8, eff. Mar. 22, 2018.
S.D. Codified Laws § 13-37-47 — SD Code / Title 13 / Chapter 37 / Section 13-37-47
Promulgation of rules
Status: in_force

The secretary of the Department of Education may promulgate rules to implement the provisions of §§ 13-37-35.1 to 13-37-47 , inclusive.

Source: SL 1995, ch 101, § 24; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-27-15 — SD Code / Title 13 / Chapter 27 / Section 13-27-15
Attendance records maintained by superintendent or president of board--Reports required
Status: in_force

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 superintendent or president. The superintendent or president shall, at regular intervals, report to the truancy officer the name of any enrolled individual who:

(1) Is of compulsory school age;

(2) Is not excused from school;

(3) Has not:

(a) Withdrawn from school, pursuant to § 13-27-1.3 ; or

(b) Successfully completed a high school equivalency test, pursuant to § 13-27-1.4 ; and

(4) Does not attend or irregularly attends an accredited school.

The superintendent or president shall include reasons for the absences in the report.

Source: SDC 1939, § 15.3203; SL 1955, ch 41, ch 15, § 3; SL 1971, ch 116, § 8; SL 1975, ch 128, § 175; SL 1982, ch 142, § 5; SL 2021, ch 76, § 10; SL 2025, ch 80, § 4.
S.D. Codified Laws § 13-47-6 — SD Code / Title 13 / Chapter 47 / Section 13-47-6
Expenses of board members
Status: in_force

Members of the board shall be compensated for their services at meetings of the board and shall be reimbursed for mileage, lodging, and meals on the same basis as other state employees; provided, however, that no such compensation shall be paid to any member of the board who is otherwise a regular employee of the state. Claims for expenses authorized under this chapter are to be paid out of funds appropriated therefor, on warrants drawn by the state auditor upon duly itemized vouchers approved by the board.

Source: SL 1965, ch 67, § 6; SL 1967, ch 54.
S.D. Codified Laws § 13-65-4.1 — SD Code / Title 13 / Chapter 65 / Section 13-65-4.1
Participation agreement--Requirements
Status: in_force

A qualifying school electing to accept scholarships from a scholarship granting organization may only enter into a participation agreement with one scholarship granting organization each school year. A participation agreement for the next school year must be completed each year by November fifteenth.

To be eligible for a premium tax credit for contributions to a scholarship granting program pursuant to this chapter, the scholarship granting organization must have entered into a participation agreement with at least twenty percent of the qualifying schools in the state.

Source: SL 2024, ch 66, § 3.
S.D. Codified Laws § 13-28-23 — SD Code / Title 13 / Chapter 28 / Section 13-28-23
School board to pay tuition for assigned students
Status: in_force

If a student has been assigned by the school board of the district where the student has a school residence or has been assigned as provided by statute, the school board shall pay the student's tuition. The school boards shall take action on any request regarding the establishment of the tuition rate or the payment of tuition within forty - five days after receiving the request. The school board may negotiate the rate of tuition with a school board or any other payer. A school board's decision with respect to the student assignment may be appealed to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education. The board shall take into consideration when negotiating the rate of tuition the average cost of educating a student in the district including transportation if required.

Source: SDC 1939, §§ 15.3301; SL 1945, ch 61; SL 1947, ch 73, § 1; SL 1953, ch 63, § 1; SL 1955, ch 41, ch 13, § 4; SDC Supp 1960, § 15.3304; SL 1975, ch 128, § 195; SL 1982, ch 143, § 14; SL 1996, ch 110, § 6; SL 1997, ch 88, § 4; SL 1997, ch 98, § 18; SL 1998, ch 93, § 2; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-63-13 — SD Code / Title 13 / Chapter 63 / Section 13-63-13
Transferring funds to another account--Conditions
Status: in_force

On the direction of an account owner, all or a portion of an account may be transferred to another account of which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account, if the transferee account was created by this chapter or under a qualified state tuition program maintained by another state in accordance with section 529 of the Internal Revenue Code, or to an Achieving a Better Life Experience account in accordance with section 529A of the Internal Revenue Code.

Source: SL 2001, ch 97, § 13; SL 2022, ch 49, § 6.
S.D. Codified Laws § 13-27-16 — SD Code / Title 13 / Chapter 27 / Section 13-27-16
School board truancy warning--Report to truancy officer
Status: in_force

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 the child must enter school and attend regularly or comply with § 13-27-3 .

The board must report the parents or persons in control of the child to the truancy officer for the district if the warning is not heeded. All school board members, superintendents, and teachers shall cooperate in the enforcement of the school attendance laws.

Source: SDC 1939, § 15.3203; SL 1955, ch 41, ch 15, § 3; SL 1975, ch 128, § 176; SL 1982, ch 142, § 6; SL 2021, ch 76, § 11; SL 2025, ch 80, § 7.
S.D. Codified Laws § 13-21-9 — SD Code / Title 13 / Chapter 21 / Section 13-21-9
Conveyance of property by successor district
Status: in_force

Any school district which has conducted proceedings for the sale of real property entitling a purchaser to a conveyance is authorized as a successor district in reorganization to execute the conveyances to the purchaser or purchasers, vesting in the purchasers all title that the predecessor school district may have conveyed.

Source: SL 1971, ch 113, § 2; SL 1975, ch 128, § 145.
S.D. Codified Laws § 13-39-59 — SD Code / Title 13 / Chapter 39 / Section 13-39-59
District becoming participant in established center--Procedure
Status: in_force

After a multidistrict center is established, additional school districts may become participants in the multidistrict center and are governed by the provisions of §§ 13-39-41 to 13-39-64 , inclusive, upon following the process pursued by the school districts originally forming the multidistrict center including approval by the school district board and the center board according to the procedure set forth in §§ 13-39-60 and 13-39-61 .

Source: SL 1973, ch 123, § 5; SL 1982, ch 147, § 50; SL 1994, ch 130, § 2.
S.D. Codified Laws § 13-53-47 — SD Code / Title 13 / Chapter 53 / Section 13-53-47
Immunizations required for students entering public or private postsecondary educational institutions--Alternatives
Status: in_force

Any student entering a public or private postsecondary education institution in this state for the first time after July 1, 2008, shall, within forty-five days after the start of classes, present to the appropriate institution certification from a licensed physician that the student has received or is in the process of receiving the required two doses of immunization against measles, rubella, and mumps. As an alternative to the requirement for a physician's certification, the student may present:

(1) Certification from a licensed physician stating the physical condition of the student would be such that immunization would endanger the student's life or health;

(2) Certification from a licensed physician stating the student has experienced the natural disease against which the immunization protects;

(3) Confirmation from a laboratory of the presence of adequate immunity; or

(4) A written statement signed by the student that the student is an adherent to a religious doctrine whose teachings are opposed to such immunizations. If the student is under the age of eighteen, the written statement shall be signed by one parent or guardian.

Source: SL 2007, ch 119, § 2.
S.D. Codified Laws § 13-39A-42 — SD Code / Title 13 / Chapter 39A / Section 13-39A-42
State support of four technical colleges
Status: in_force

The state shall support four technical colleges:

(1) Lake Area Technical College in Watertown, Codington County;

(2) Mitchell Technical College in Mitchell, Davison County;

(3) Southeast Technical College in Sioux Falls, Minnehaha County; and

(4) Western Dakota Technical College in Rapid City, Pennington County.

The purpose of Lake Area Technical College, Mitchell Technical College, Southeast Technical College, and Western Dakota Technical College is to deliver postsecondary career and technical education through the delivery of programs that result in the award of an Associate of Applied Science degree or certificate and the direct entry of graduates into skilled occupations.

Source: SL 2017, ch 81, § 55; SL 2020, ch 61, § 27.
S.D. Codified Laws § 13-1-70 — SD Code / Title 13 / Chapter 1 / Section 13-1-70
Use of funding for certain purposes prohibited
Status: in_force

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.
S.D. Codified Laws § 13-37-37 — SD Code / Title 13 / Chapter 37 / Section 13-37-37
Monthly payment of state aid for special education
Status: in_force

Payment from funds provided for state aid for special education in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first through December thirty - first, the total of the six payments shall be one - half of the local need of the current school fiscal year less the local effort for the period July first through December thirty - first. For the period January first through June thirtieth, the total of the six payments shall be one - half of local need of the current school fiscal year less the local effort for the period January first through June thirtieth.

Source: SL 1995, ch 101, § 3.
S.D. Codified Laws § 13-13-87 — SD Code / Title 13 / Chapter 13 / Section 13-13-87
Children residing in residential treatment center or intensive residential treatment center
Status: in_force

The Department of Education shall pay tuition to a school district providing education for children pursuant to § 13-28-11 . The amount shall be calculated as follows:

(1) Multiply the tuition rate set by the Department of Social Services pursuant to § 13-28-39 by the number of days of enrollment for children provided an education pursuant to § 13-28-11 , in the previous fiscal year; and

(2) Subtract moneys received by the school district in the form of general state aid to schools as calculated pursuant to § 13-13-73 attributable to all children referenced in subdivision (1).

No person or entity may be charged additional tuition for any child for whom tuition is paid pursuant to this section.

Source: SL 2013, ch 77, § 3; SL 2014, ch 85, § 2; SL 2016, ch 83, § 12; SL 2017, ch 79, § 2.
S.D. Codified Laws § 13-26-14 — SD Code / Title 13 / Chapter 26 / Section 13-26-14
Publication of referred decision
Status: in_force

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.
S.D. Codified Laws § 13-8-39.2 — SD Code / Title 13 / Chapter 8 / Section 13-8-39.2
Authority to provide day-care for children of enrolled students
Status: in_force

The school board may provide day - care services to the children of enrolled students and may charge a fee therefor.

Source: SL 1989, ch 138, § 1.
S.D. Codified Laws § 13-25-9 — SD Code / Title 13 / Chapter 25 / Section 13-25-9
Authority to close or vacate school
Status: in_force

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, whichever is later, the state fire marshal may immediately close the school or school facility to further use or occupancy, and may vacate and place out of service the school or school building, or facility until such time as the order's requirements are fulfilled.

Source: SL 1959, ch 217, § 5; SDC Supp 1960, § 31.04C05; SL 1975, ch 128, § 165; SL 1991, ch 139, § 8; SL 2004, ch 17, § 22; SL 2021, ch 73, § 8.
S.D. Codified Laws § 13-64-14 — SD Code / Title 13 / Chapter 64 / Section 13-64-14
Majority vote required--Effective date of approved decision
Status: in_force

No referred school board decision regarding the school sentinel program becomes 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 to the school sentinel program.

Source: SL 2013, ch 93, § 16.
S.D. Codified Laws § 13-13-10.9 — SD Code / Title 13 / Chapter 13 / Section 13-13-10.9
Tax increment financing districts created for industrial, economic development, or affordable housing purposes after June 30, 2018
Status: in_force

The provisions of subdivision 10-12-44(1) that require the county auditor to raise additional revenue from real property taxes for the general fund and special education fund of any school district located in a tax increment financing district and the provisions of § 13-13-10.8 , do not apply to any tax increment financing district created for industrial, economic development, or affordable housing purposes, as those terms are defined in § 13-13-10.10 .

For purposes of this chapter, the assessed value of any real property in a tax increment financing district created for industrial, economic development, or affordable housing purposes is the tax increment base as defined in § 11-9-19 .

This section applies to tax increment financing districts created after June 30, 2018.

Source: SL 2018, ch 70, § 3.
S.D. Codified Laws § 13-6-9.2 — SD Code / Title 13 / Chapter 6 / Section 13-6-9.2
County commissioners as school board for district unable to furnish own board--Power to finance and operate school program
Status: in_force

Whenever the secretary of the Department of Education shall find or be notified by school or county officials that there are insufficient qualified voters residing within a school district who are willing to serve as members of its school board, the secretary of the Department of Education shall notify the board of county commissioners of the county in which the school district is situated in accordance with § 13-5-14 , and the board of county commissioners shall serve as the school board of the district until such time as this situation no longer exists. The board of county commissioners shall be authorized to levy sufficient funds against the taxable property of the district, with regard for the levy limitations applicable to school districts, to finance the necessary educational program and student services either through the operation of an accredited educational program within the district or for the payment of the necessary tuition if pupils must be assigned to another district or districts for educational purposes.

Source: SDCL, § 13-6-8 (2) as added by SL 1973, ch 85, § 7; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-43-59 — SD Code / Title 13 / Chapter 43 / Section 13-43-59
Uncertified administrators subject to code of ethics--Discipline for violation
Status: in_force

Any person employed in an administrative capacity, but who does not hold a valid South Dakota certificate pursuant to chapter 13-42 , is subject to the code of professional ethics as established under § 13-43-45 . The procedures referenced in §§ 13-42-12 and 13-42-14 apply to complaints and hearings regarding an alleged violation of the code of professional ethics by the person. If the Professional Administrators Practices and Standards Commission determines that the person has violated the code of professional ethics, then the commission may impose discipline referenced in § 13-43-48 .

Source: SL 2001, ch 90, § 1; SL 2015, ch 98, § 27.
S.D. Codified Laws § 13-10-12 — SD Code / Title 13 / Chapter 10 / Section 13-10-12
Criminal background investigation--Prospective employees, technical college instructors, and student teachers--Temporary employment pending results
Status: in_force

Each person over eighteen years of age hired by an accredited school shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The accredited school shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing accredited school may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. The employing accredited school may pay any fees charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school is not required to submit to a criminal background investigation as required in this section. In addition, any instructor employed by a technical college is required to submit to a criminal background investigation as required in this section at the time of initial employment.

The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the accredited school. A criminal background investigation, of a student teacher, conducted by an accredited school may be provided to any other accredited school in which the student engages in student teaching. The accredited school conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the accredited school.

Source: SL 2000, ch 76, § 1; SL 2001, ch 74, § 1; SL 2003, ch 95, § 1; SL 2011, ch 87, § 1; SL 2012, ch 92, § 1; SL 2016, ch 84, § 1; SL 2020, ch 61, § 38; SL 2026, ch 79, § 1.
S.D. Codified Laws § 13-63-24 — SD Code / Title 13 / Chapter 63 / Section 13-63-24
Statements to comply with federal or state tax laws
Status: in_force

Statements and information returns relating to accounts shall be prepared and filed to the extent required by federal or state tax law.

Source: SL 2001, ch 97, § 24.
S.D. Codified Laws § 13-55A-10 — SD Code / Title 13 / Chapter 55A / Section 13-55A-10
Refund to state if student discontinues attendance
Status: in_force

If a recipient of a South Dakota need-based grant discontinues attendance before the end of any semester, summer school session, or their equivalents, the entire amount of any refund due that student from the eligible institution on a pro rata basis, up to the amount of any payment made under the South Dakota need-based grants, shall be paid by the eligible institution to the state.

Source: SL 1974, ch 141, § 6; SL 1981, ch 159, § 7; SL 2010, ch 104, § 6; SL 2013, ch 92, § 6, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-24-1 — SD Code / Title 13 / Chapter 24 / Section 13-24-1
School board authority to purchase or lease land for school purposes
Status: in_force

The school board of a school district shall have authority to purchase or lease land for school purposes, subject to the rules for the use of such land as adopted by the South Dakota Board of Education Standards.

Source: SL 1945, ch 67; SL 1955, ch 41, ch 11, § 1; SDC Supp 1960, § 15-2101; SL 1975, ch 128, § 150; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-55E-8 — SD Code / Title 13 / Chapter 55E / Section 13-55E-8
Deposits of payments--State fund
Status: in_force

The executive director shall deposit payments received under this chapter into a fund in the state treasury and shall account for each payment required from a purchaser on behalf of a beneficiary pursuant to the advance payment contract. The fund is a participating fund pursuant to § 4-5-30 .

Source: SL 1994, ch 145, § 8.
S.D. Codified Laws § 13-19-28 — SD Code / Title 13 / Chapter 19 / Section 13-19-28
Terms of financing arrangements
Status: in_force

The terms of the lease - purchase agreement, resolution, certificate, or other arrangement, or any bond, note, or certificate issued to or in connection with a program sponsored by the Health and Educational Facilities Authority for school districts and shall contain such terms as the health and educational facilities authority considers necessary, including without limitation, terms of default, remedies, representations, and covenants of the school district.

Source: SL 1986, ch 124, § 2; SL 1999, ch 84, § 6.
S.D. Codified Laws § 13-18-10 — SD Code / Title 13 / Chapter 18 / Section 13-18-10
Checks for federal tax payments as preferred obligation--Special accounts for federal moneys
Status: in_force

Checks issued for the payment of old age and survivor's insurance (social security) tax, and for internal revenue tax withheld from school district employees and other mandatory payroll deductions shall be paid as a preference obligation of the school district before registered warrants are called and paid. Federal moneys which are commingled with other school district moneys in any fund shall be identified by special accounts in order that these moneys are available for their intended purpose and are not subject to registered warrant status in such fund.

Source: SL 1957, ch 70; SDC Supp 1960, § 15.2213; SL 1975, ch 128, § 114.
S.D. Codified Laws § 13-65-7 — SD Code / Title 13 / Chapter 65 / Section 13-65-7
Promulgation of rules
Status: in_force

The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to chapter 1-26 , establishing annual timelines for the notifications, verifications, and other procedures required of the insurance companies seeking a tax credit pursuant to § 13-65-2 .

Source: SL 2016, ch 102, § 7.
S.D. Codified Laws § 13-37-8.10 — SD Code / Title 13 / Chapter 37 / Section 13-37-8.10
Crediting of state, local, and federal special education funds
Status: in_force

Payments from state and local sources received by a school district for special education, including any state aid to education funds based upon tuition paid for children in need as provided in chapter 13-37 , shall be credited to the special education fund of the school district. Any payment from federal sources received by a school district for special education may be credited to either the special education fund or the capital outlay fund for any equipment purchase for special education approved by the state Department of Education.

Source: SL 1968, ch 51, § 5 (8) as added by SL 1969, ch 58; SL 1974, ch 136, § 6; SL 2010, ch 91, § 1, eff. Feb. 16, 2010; SL 2015, ch 89, § 22.
S.D. Codified Laws § 13-55-5 — SD Code / Title 13 / Chapter 55 / Section 13-55-5
Determination of eligibility for veterans' benefits
Status: in_force

It shall be the duty of the Board of Regents to determine who are entitled to the benefits of § 13-55-2 .

Source: SDC 1939, § 15.0717; SL 1944 (SS), ch 1, § 1; SL 1953, ch 49; SL 1966, ch 37.
S.D. Codified Laws § 13-6-84.4 — SD Code / Title 13 / Chapter 6 / Section 13-6-84.4
Authority to reorganize pursuant to §§13-6-10,13-6-13, and13-6-18unaffected
Status: in_force

Nothing in §§ 13-6-84 , 13-6-84.1 , and 13-6-84.2 affects a school district's authority to reorganize pursuant to §§ 13-6-10 , 13-6-13 , and 13-6-18 .

Source: SL 2016, ch 82, § 10.
S.D. Codified Laws § 13-37-36.3 — SD Code / Title 13 / Chapter 37 / Section 13-37-36.3
Computation of state aid to districts for special education
Status: in_force

The secretary of the Department of Education shall compute state aid for special education for each school district according to the following calculations:

(1) Calculate the local need of a school district;

(2) State aid for special education is:

(a) Local need minus local effort, the difference multiplied by the effort factor; or

(b) Zero if the calculation in (a) is a negative number.

Source: SL 1999, ch 90, § 4; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-6-61 — SD Code / Title 13 / Chapter 6 / Section 13-6-61
Operative date of reorganization--Participation in elections before operative date
Status: in_force

All school district reorganization shall take effect and the new school district shall become operative on the first day of July following the date of the order by the secretary of the Department of Education, except that when such order is issued after the first day of March the new school district shall not become operative until the first day of July of the next subsequent calendar year. The voters of any area to be included within a district as the result of any action taken under this chapter shall be privileged to participate in regular and special elections of said district which occur between the date of such order and such operative date.

Source: SL 1955, ch 41, ch 8, § 5; SL 1959, ch 60, § 1; SDC Supp 1960, § 15.2005 (6), (7); SL 1967, ch 38, § 3; SL 1973, ch 85, § 25; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-3-51.3 — SD Code / Title 13 / Chapter 3 / Section 13-3-51.3
Prohibition against reporting personally identifiable information--Exception
Status: in_force

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 to 20 U.S.C. § 6398 to improve programs for migrant students.

Source: SL 2014, ch 76, § 4.
S.D. Codified Laws § 13-3-61 — SD Code / Title 13 / Chapter 3 / Section 13-3-61
Biennial assessment to comply with federal law--Timing
Status: in_force

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.
S.D. Codified Laws § 13-8-21 — SD Code / Title 13 / Chapter 8 / Section 13-8-21
Action on bond after default--Taxpayer's action
Status: in_force

In case of the breach of any condition of any official bond in any school district, the county auditor or any member of a school board where the default occurs shall cause an action to be commenced and prosecuted thereon in the name of the school district and all money so collected shall be paid into the county treasury, to be applied to the use of the schools of such district. If the auditor either fails or refuses to bring such action upon the breach of a bond, any taxpayer of the district may cause such action to be commenced and the necessary expenses of such action shall be paid, unless otherwise ordered by the court, out of the county treasury from funds apportioned to such district.

Source: SDC 1939, § 15.2012; SL 1955, ch 41, ch 9, § 23; SL 1957, ch 66, § 5; SDC Supp 1960, § 15.2323; SL 1971, ch 104, § 2; SL 1975, ch 128, § 54.
S.D. Codified Laws § 13-15-23 — SD Code / Title 13 / Chapter 15 / Section 13-15-23
Transportation needs for students commuting between South Dakota and Minnesota
Status: in_force

For any student attending a school pursuant to § 13-15-21 , student transportation shall be negotiated between the districts of residence and attendance with consideration to differing transportation needs any payment thereof shall be negotiated. Transportation options may include bus service to and from the district boundary or a designated location, or bus service to and from the student's home.

Source: SL 1992, ch 123, § 3.
S.D. Codified Laws § 13-33A-4 — SD Code / Title 13 / Chapter 33A / Section 13-33A-4
Epinephrine--Acquisition--Exclusion
Status: in_force

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 not subject to the prescription requirements in chapter 36-11 .

Source: SL 2014, ch 89, § 1; SL 2025, ch 154, § 1; SL 2026, ch 83, § 1.
S.D. Codified Laws § 13-39A-26 — SD Code / Title 13 / Chapter 39A / Section 13-39A-26
Security for payments by LEA or board under lease-purchase agreements
Status: in_force

The board may contract with or enter into other agreements with the South Dakota Health and Educational Facilities Authority, any LEA, the state treasurer, or others in order to pledge or otherwise transfer all or any portion of tuition and other student fees subject to deposit in the tuition subaccount in order to secure payments by any LEA or the board under a lease-purchase agreement with the authority. A contract or other agreement may also provide for the release from pledge and lien of any amounts determined to be unnecessary for payment of amounts currently owed under any lease-purchase agreement. Any pledge of tuition and other student fees are valid and binding from the time the pledge is made. The amount of tuition and other fees pledged and thereafter received shall immediately be subject to the lien of pledge without any physical delivery thereof or further act. The lien of the pledge is valid and binding against the LEA and any other person having any claim of any kind in tort, contract, or otherwise against the LEA, the board, the authority, the state treasurer, or any other person, irrespective of whether the person has notice of the claim. Neither the contract nor any other agreement or instrument creating a pledge needs to be recorded.

Source: SL 2017, ch 81, § 26.
S.D. Codified Laws § 13-43-6.2 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.2
Written notice of intention to recommend nonrenewal--Opportunity for hearing--Time limitations
Status: in_force

If nonrenewal of a teacher is contemplated under § 13-43-6.1 , the superintendent or chief executive officer shall give written notice of an intention to recommend nonrenewal to the teacher and the school board; a written statement of the reasons for the recommendation; access to the employment records of the teacher; the opportunity to the teacher for a hearing before the school board to present reasons in person or in writing why the nonrenewal should not occur; and the opportunity to be represented. The teacher shall request the hearing as provided in § 13-43-6.9 . The school board shall conduct the hearing not sooner than fourteen days, nor later than forty-five days, after receipt of the teacher's request for hearing. The parties may waive the time limitations provided for in this section.

Source: SL 1995, ch 87, § 75B; SL 1999, ch 93, § 1; SL 2005, ch 107, § 2.
S.D. Codified Laws § 13-28-7.1 — SD Code / Title 13 / Chapter 28 / Section 13-28-7.1
Immunizations required for admission to school or early childhood program--Exceptions--Rules
Status: in_force

Any child entering school or an early childhood program in this state, shall, prior to admission, be required to present to the appropriate school authorities certification from a licensed physician that the child has received or is in the process of receiving adequate immunization against poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps, tetanus, meningitis, and varicella, according to recommendations provided by the Department of Health. The Department of Health may modify or delete any of the required immunizations. As an alternative to the requirement for a physician's certification, the child may present:

(1) Certification from a licensed physician stating the physical condition of the child would be such that immunization would endanger the child's life or health; or

(2) A written statement signed by one parent or guardian that the child is an adherent to a religious doctrine whose teachings are opposed to such immunization.

The Department of Health may promulgate reasonable rules, pursuant to chapter 1-26 , to require compliance and documentation of adequate immunization, to define appropriate certification, and to specify standard procedure.

Source: SL 1971, ch 141; SL 1972, ch 97; SL 1978, ch 114; SL 1992, ch 129; SL 2000, ch 83, § 1; SL 2005, ch 101, § 1; SL 2016, ch 90, § 1.
S.D. Codified Laws § 13-63-12 — SD Code / Title 13 / Chapter 63 / Section 13-63-12
Changing designated beneficiary
Status: in_force

An account owner may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary or to any other individual in accordance with this section or with procedures established by the council by rules promulgated pursuant to chapter 1-26 .

To change the designated beneficiary, the owner shall certify to the financial institution the name, address, social security number, and relationship of the new designated beneficiary to the previously named designated beneficiary. The change is effective upon the financial institution's receipt of the certification.

Source: SL 2001, ch 97, § 12; SL 2022, ch 49, § 5.
S.D. Codified Laws § 13-27-29 — SD Code / Title 13 / Chapter 27 / Section 13-27-29
Placement of child who has attended unaccredited school or alternative program--Appeal
Status: in_force

If a child of compulsory school age has been attending an unaccredited school in another state or country or has been receiving alternative instruction pursuant to § 13-27-3 enrolls in a public school in this state, the child shall be placed at the child's demonstrated level of proficiency as established by one or more standardized tests. However, a child's placement may be in one grade level higher than warranted by the child's chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement, the child may be advanced according to the child's demonstrated performance. If a child of secondary school age has been attending an unaccredited school in another state or country or has been receiving alternative instruction pursuant to § 13-27-3 enrolls in a public school in this state, the child shall be placed in English and math at the level of achievement demonstrated by one or two standardized tests, and in all other subjects on a review of transcripts according to the policy formally adopted by the school board. The child's placement may be in one grade level higher than warranted by the child's chronological age assuming entry into the first grade at age six and annual grade advancement thereafter. After initial placement the child may be advanced according to his demonstrated performance.

Any parent or guardian who is dissatisfied with the placement of his child may appeal it to the secretary of the Department of Education.

Source: SL 1983, ch 131, § 3; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272, § 63; SL 2021, ch 76, § 15.
S.D. Codified Laws § 13-53-22 — SD Code / Title 13 / Chapter 53 / Section 13-53-22
Institutions named as insured in policies
Status: in_force

Policies of insurance purchased by the State Board of Regents pursuant to the authority granted in § 13-53-21 shall in each instance name as insured the state institution which uses or at which is located the particular property covered by such insurance.

Source: SL 1970, ch 129, § 2.
S.D. Codified Laws § 13-39A-29 — SD Code / Title 13 / Chapter 39A / Section 13-39A-29
Technical college equipment fund
Status: in_force

There is established a technical college equipment fund. Any money in the technical college equipment fund is continuously appropriated to the board for distribution as provided in this section. The board shall distribute the money to the technical colleges to purchase equipment. Any equipment purchase shall be based upon priorities established by each technical college, approved by each technical college's governing body, and approved by the board.

Source: SL 2017, ch 81, § 29; SL 2020, ch 61, § 18.
S.D. Codified Laws § 13-20-3 — SD Code / Title 13 / Chapter 20 / Section 13-20-3
Contracts let in accordance with public agency procurement law
Status: in_force

Except for purchases made pursuant to chapter 13-34 , if any school facilities are to be built or remodeled, or improvements are to be made to school sites, or if supplies or equipment are to be purchased, the school board shall let contracts in accordance with chapters 5-18A and 5-18B and in accordance with plans and specifications furnished by the board.

Source: SDC 1939, § 15.2106; SL 1955, ch 41, ch 11, § 9; SL 1959, ch 68, § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39; SL 1972, ch 34, § 4; SL 1975, ch 128, § 131; SL 2011, ch 2, § 124.
S.D. Codified Laws § 13-37-50 — SD Code / Title 13 / Chapter 37 / Section 13-37-50
Overreporting child count data--Recovery of twice amount of state aid--Intentional overreporting as misdemeanor
Status: in_force

If, in the department's examination of the child count, it is determined that the data was overreported, the department shall recover from the district's special education fund twice the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the individual responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in § 13-8-44 , with the maximum penalty as defined in § 22-6-2 .

Source: SL 1999, ch 90, § 6.
S.D. Codified Laws § 13-5-33 — SD Code / Title 13 / Chapter 5 / Section 13-5-33
Cooperative educational service units--Compliance with school district requirements and budget procedures
Status: in_force

Cooperative service units created pursuant to this chapter shall comply with school district requirements regarding bookkeeping, record maintenance, board meetings, publication of minutes, health and safety requirements, bid laws. Cooperative service units shall comply with budget procedures, except no tax levy may be transmitted to the county commissioners.

Source: SL 1986, ch 123; SL 1995, ch 87, § 13.
S.D. Codified Laws § 13-3-94 — SD Code / Title 13 / Chapter 3 / Section 13-3-94
Programs that may be used for cardiopulmonary resuscitation instruction
Status: in_force

To provide the instruction required in § 13-3-91 , the school board or governing body shall use either of the following:

(1) An instructional program developed by the American Heart Association or the American Red Cross; or

(2) An instructional program that is nationally recognized and based on the most current American Heart Association guidelines for CPR and emergency cardiovascular care.

The psychomotor skills necessary to perform hands-only CPR and awareness in the use of an AED shall be incorporated into the instruction.

For the purposes of this section, the term, psychomotor skills, means the use of hands-on practicing to support cognitive learning.

Source: SL 2017, ch 75, § 2.
S.D. Codified Laws § 13-6-18.1 — SD Code / Title 13 / Chapter 6 / Section 13-6-18.1
Boundary changes--When allowed
Status: in_force

If a plan of reorganization is approved pursuant to § 13-6-18 , a boundary change pursuant to § 13-6-84.2 may be allowed by a school board only if:

(1) The plan has been rejected by the voters;

(2) The school boards of each district which voted and approved the reorganization plan concur by majority vote and the minor boundary change is recognized in the plan; or

(3) The plan is operative pursuant to § 13-6-61 .

Source: SL 1990, ch 111, § 1; SL 1991, ch 143, § 3; SL 2016, ch 82, § 1.
S.D. Codified Laws § 13-54-5 — SD Code / Title 13 / Chapter 54 / Section 13-54-5
Reports of state university on agricultural extension work
Status: in_force

It shall be the duty of the president of South Dakota State University to make such reports of all the extension work done under §§ 13-54-1 to 13-54-4 , inclusive, as shall be required by the Board of Regents and the act of Congress referred to in § 13-54-1 .

Source: SDC 1939, § 15.1207.
S.D. Codified Laws § 13-47-17 — SD Code / Title 13 / Chapter 47 / Section 13-47-17
Facilities not used for subversive purposes or to influence legislation
Status: in_force

The board shall have the power and duty to make certain that the facilities authorized by this chapter are not used for any purpose which is contrary to the Constitution of the United States or the State of South Dakota, or for broadcasting propaganda, or attempting to influence legislation.

Source: SL 1965, ch 67, § 5 (10).
S.D. Codified Laws § 13-63-19 — SD Code / Title 13 / Chapter 63 / Section 13-63-19
Council to select financial institution in event of transfer of accounts--Exception
Status: in_force

If the council terminates the authority of a financial institution to hold accounts and accounts must be moved from that financial institution to another financial institution, the council shall select the financial institution and type of investment to which the balance of the account is moved unless the Internal Revenue Service provides guidance stating that allowing the account owner to select among several financial institutions that are then program managers and depositories would not cause the program to cease to be a qualified state tuition plan.

Source: SL 2001, ch 97, § 19.
S.D. Codified Laws § 13-27-2 — SD Code / Title 13 / Chapter 27 / Section 13-27-2
Child excused from school
Status: in_force

A school board of any school district may excuse a child from public school attendance for the reasons set forth in §§ 13-27-6 and 13-27-6 .1.

Source: SDC 1939, § 15.3202; SL 1955, ch 41, ch 15, § 2; SL 1971, ch 116, § 1; SL 1981, ch 141, § 1; SL 1995, ch 97, § 1; SL 2011, ch 94, § 1; SL 2017, ch 78, § 1; SL 2021, ch 76, § 2.
S.D. Codified Laws § 13-19-8 — SD Code / Title 13 / Chapter 19 / Section 13-19-8
Constitutional debt limit to be observed
Status: in_force

No school district shall issue bonds in an amount which with the outstanding indebtedness of the district shall exceed the constitutional debt limitation for school districts.

Source: SDC 1939, § 15.2207; SL 1955, ch 41, ch 10, § 18; SDC Supp 1960, § 15.2218; SL 1968, ch 43, § 1.
S.D. Codified Laws § 13-60-5 — SD Code / Title 13 / Chapter 60 / Section 13-60-5
Purpose of mining experiment station
Status: in_force

Such station shall be maintained for the purpose of carrying on experiments in the treatment of ores and other mineral products of this state with the object of determining the most suitable and economical method of extracting values or making the products marketable.

Source: SDC 1939, § 15.1402.
S.D. Codified Laws § 13-33B-11 — SD Code / Title 13 / Chapter 33B / Section 13-33B-11
Implementation and application of §§13-33B-4to13-33B-10
Status: in_force

The implementation of §§ 13-33B-4 to 13-33B-10, inclusive, shall be consistent with federal law regarding the education of children with disabilities and the privacy of student information. Sections 13-33B-4 to 13-33B-9 , inclusive, only apply to children from birth to five years of age.

Source: SL 2018, ch 100, § 8; SL 2020, ch 58, § 2.
S.D. Codified Laws § 13-37-8.6 — SD Code / Title 13 / Chapter 37 / Section 13-37-8.6
Costs of special education services--Sources--Provisions--Financial losses
Status: in_force

The costs for special education and related services, as defined in rules promulgated by the South Dakota Board of Education Standards pursuant to chapter 1-26 , may be covered and available from accident and health insurers, nonprofit medical and surgical plans, health maintenance organizations, fraternal benefit societies, or federally reimbursed program sources. If a school district chooses to access these funds through the use of parent's insurance proceeds, the following provisions apply:

(1) Expenses for special education and related services may not be borne by the parent;

(2) The filing of claims may not delay the education of a child;

(3) The school district is responsible for payment of a deductible amount and for any advance payment required until the time a claim is paid;

(4) Parental consent shall be obtained to file an insurance claim;

(5) The school district shall inform parents of any potential financial losses that they could incur; and

(6) If parents would incur a financial loss, the use of parent's insurance proceeds must be voluntary.

For purposes of this section only, financial losses include a decrease in available lifetime coverage or any other benefit under an insurance policy, an increase in premiums under an insurance policy, or an out-of-pocket expense such as the payment of a deductible amount incurred in filing a claim.

Source: SDC Supp 1960, § 15.3004 (6), (14) as added by SL 1966, ch 43; SDCL §§ 13-37-9 , 13-37-22; SL 1968, ch 51, §§ 5 (5), 8; SL 1968, ch 51, § 5 (4) as amended by SL 1969, ch 58; SL 1975, ch 128, § 235; SL 1976, ch 121, § 3; SL 1988, ch 146; SL 1995, ch 101, § 13; SL 1996, ch 123; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-42-72 — SD Code / Title 13 / Chapter 42 / Section 13-42-72
Immunity from liability regarding suicide awareness and prevention training
Status: in_force

There is no cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of § 13-42-71 or resulting from any training, or lack of training, required by § 13-42-71 unless the loss or damage was caused by willful or wanton misconduct. The training, or lack of training, required by the provisions of § 13-42-71 may not be construed to impose any specific duty of care.

Source: SL 2016, ch 94, § 2.
S.D. Codified Laws § 13-37-1.1 — SD Code / Title 13 / Chapter 37 / Section 13-37-1.1
Rules governing standards for special education
Status: in_force

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, ages birth through two, with developmental delays and severe disabilities; appeal procedures for disputes involving the placement or program of such children; and administration, funding and personnel associated with special education or special education and related services.

Source: SL 1955, ch 41, ch 2, § 5; SDC Supp 1960, § 15.0905 (13); SDCL § 13-1-30; SL 1975, ch 128, § 230; SL 1988, ch 134, § 5; SL 1989, ch 150, § 3; SL 1990, ch 195, § 1; SL 1996, ch 99, § 4; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-54-13 — SD Code / Title 13 / Chapter 54 / Section 13-54-13
Expenditures by county extension board--Warrants
Status: in_force

The county extension board is hereby authorized to expend the moneys appropriated by the board of county commissioners for cooperative extension work in cooperation with the state director of extension as may be necessary to effectively carry on county extension work with funds that are made available. Such expenditures shall be made on vouchers approved by the president of the county extension board, or a designated member of said board, on warrants issued by the county auditor in the same manner as regular county warrants.

Source: SDC 1939, § 4.0504; SL 1965, ch 2; SDCL, § 38-3-6.
S.D. Codified Laws § 13-55-47 — SD Code / Title 13 / Chapter 55 / Section 13-55-47
Jump start scholarship program established
Status: in_force

There is hereby established the jump start scholarship program to be administered by the Board of Regents. The purpose of the program is to allow a student who graduates from a public high school in three years or less to receive a scholarship funded with a portion of the money saved by the state in state aid to education funding pursuant to chapter 13-13 as a result of the student's early graduation if the student enrolls at any college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.

Source: SL 2011, ch 102, § 1.
S.D. Codified Laws § 13-43-6.3 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.3
Nonrenewal of teacher's contract
Status: in_force

Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a school board may or may not renew the teacher's contract. The superintendent or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal.

After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, §§ 13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher's contract. On or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract.

Acceptance by the teacher of an offer from the district to enter into a new contract with the teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the manner specified constitutes the termination of the existing contract between the teacher and the district at the end of its term.

Source: SL 1995, ch 87, § 75C; SL 1996, ch 128, § 2; SL 1998, ch 100, § 1; SL 1999, ch 94, § 1; SL 2005, ch 107, § 6.
S.D. Codified Laws § 13-13-19 — SD Code / Title 13 / Chapter 13 / Section 13-13-19
Eligibility of newly reorganized district
Status: in_force

A newly reorganized school district which has become a new entity as of July first of the school fiscal year in which state aid to education payments are distributed will be considered eligible for general support payments regardless of the requirements for eligibility as set forth in §§ 13-13-14 to 13-13-18 , inclusive, if it is in compliance with such requirements for the school fiscal year in which it becomes a new school district entity.

Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 10; SL 2015, ch 89, § 10.
S.D. Codified Laws § 13-18-17 — SD Code / Title 13 / Chapter 18 / Section 13-18-17
Incidental account
Status: in_force

A school district may establish an incidental account in an amount determined by the board by setting aside on an imprest basis money from the general fund. Such incidental account shall be kept and used by the officer designated by the board for advanced payment or for claims requiring immediate payment, not to exceed an amount established by the board. A detailed account of the expenditures from the incidental account shall be presented at regular intervals not to exceed one month with verified vouchers, itemized and supported by receipted bills or other information as general evidence of payment, which shall be subject to audit. All expenditures from this account shall be listed with other bills in the regular school board proceedings.

Source: SL 1981, ch 138, § 2.
S.D. Codified Laws § 13-27-7 — SD Code / Title 13 / Chapter 27 / Section 13-27-7
Notification of alternative instruction
Status: in_force

Each notification of alternative instruction pursuant to § 13-27-3 shall be on a standard form that declares that the child will be provided with alternative instruction per § 13-27-3 . The completed form must contain the child's name, birthdate, resident district, and open enrolled district if applicable, signature of the parent, guardian, or other person having control of the child and information for the return of the form. The Department of Education or the local district shall provide the parent, guardian, or other person having control of the child with a signed or stamped copy of the notification as proof of notification. The notification shall be kept confidential. The form shall be provided by the secretary of the Department of Education but may not require more details than set forth by this section.

The notification shall be filed within thirty days from the first time the child begins an alternative instruction program while the child is of school age as defined in § 13-27-1 and is not required thereafter unless one or more of the following transitions occur:

(1) A child enrolls in a public or nonpublic school; or

(2) A child moves to a different school district.

The parent, guardian, or other person having control of the child shall provide notification of any transitions by submitting the standard notification form to the Department of Education or the local district within thirty days of the transition.

Source: SDC 1939, § 15.3202; SL 1955, ch 41, ch 15, § 2; SL 1971, ch 116, § 3; SL 1981, ch 141, § 3; SL 1983, ch 131, § 1; SL 1991, ch 20, §§ 17, 18; SL 1992, ch 128, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 98, § 1; SL 2017, ch 78, § 3; SL 2021, ch 76, § 6.
S.D. Codified Laws § 13-56-3 — SD Code / Title 13 / Chapter 56 / Section 13-56-3
Acceptance of federal and other funds--Administration of federal program
Status: in_force

In accordance with chapter 4-8B and § 5-24-12 , the secretary of the Department of Education may negotiate and accept federal and other funds appropriated and otherwise made available to implement and administer the provisions of the federally insured student loan program for higher education.

Source: SL 1966, ch 210, § 4; SL 1978, ch 130, § 3; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-39-9 — SD Code / Title 13 / Chapter 39 / Section 13-39-9
Schools subject to general supervision by director
Status: in_force

The director has general control and supervision over all career and technical education in all public secondary schools and all other career and technical education functions assigned to the director by the secretary of education.

Source: SL 1965, ch 37, § 3; SL 1982, ch 147, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 17; SL 2017, ch 81, § 42.
S.D. Codified Laws § 13-43-43 — SD Code / Title 13 / Chapter 43 / Section 13-43-43
Appointment of executive secretary--Employees
Status: in_force

The Professional Administrators Practices and Standards Commission may appoint an executive secretary and employ persons to provide such service as the commission may require.

Source: SL 1985, ch 139, § 8.
S.D. Codified Laws § 13-55-41.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-41.1
Number of scholarships
Status: in_force

The board shall determine the number of scholarships to award each year pursuant to the requirements of §§ 13-55-39 to 13-55-42 , inclusive.

Source: SL 2014, ch 97, § 4.
S.D. Codified Laws § 13-55-23 — SD Code / Title 13 / Chapter 55 / Section 13-55-23
Application of legislative exemptions
Status: in_force

Except as otherwise provided by law, legislatively mandated exemptions, whether whole or partial, from the obligation to pay tuition or other required fees apply only to classes, courses and instructional programs directly supported by moneys appropriated from the general fund.

Source: SL 1993, ch 45, § 4; SL 1993, ch 150, § 5; SL 1993, ch 151; SL 2008, ch 86, § 2.
S.D. Codified Laws § 13-10-4 — SD Code / Title 13 / Chapter 10 / Section 13-10-4
Retirement pension agreement with employees--Premiums
Status: in_force

Subject to the provisions of §§ 3-12C-304 and 3-12C-305 , any school board shall have the power to enter into a retirement pension agreement with its employees for their benefit and to pay any part or all of the necessary premiums therefor.

Source: SL 1947, ch 81, § 1; SL 1955, ch 41, ch 16, § 15; SDC Supp 1960, § 15.3815; SL 2019, ch 22, § 1.
S.D. Codified Laws § 13-42-3 — SD Code / Title 13 / Chapter 42 / Section 13-42-3
Certification of educational professionals--Promulgation of Rules
Status: in_force

The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26 , to establish the requirements and criteria that an applicant shall meet in order to be issued a certificate by the secretary as a teacher, administrator, or other educational professional authorizing the holder of the certificate to accept a position in any elementary or secondary school in the grades and fields specified by the certificate. The rules shall specify the duration and the method of renewal, the amount of the fee for issuing the certificate, the application procedures and documentation requirements for certificates, the endorsements to certificates, the requirements for certification, the procedures for denial or nonrenewal of a certificate and disciplinary proceedings and assessment of costs, the procedures for requesting an inactive status and reinstatement, the procedures and costs for reinstatement of an invalid certificate, the definition of inactive certificate status, the procedures for processing applications and issuing certificates for military spouses, the procedures for granting reciprocity for any teacher who is certified to teach in another state and has completed an accredited teacher education program, and other procedures necessary for the administration of certification.

In addition to teacher certificate renewal based on academic coursework, the rules for teacher certificate renewal shall include guidelines and criteria by which an applicant may receive credit toward renewal based on private or public sector experience that was not obtained through academic coursework if the experience is related to the applicant's teaching field. Any change to a rule promulgated pursuant to this section that increases the educational requirements an applicant shall meet to qualify for a certificate shall be preceded by at least two years' notice before the effective date of the change. The two-year notice requirement does not apply to an increase in the application fee, which must comply with §§ 1-26-4.8 and 1-26-6.9 .

Source: SDC 1939, § 15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, §§ 2, 4; SDC Supp 1960, §§ 15.3802, 15.3804; SDCL § 13-42-5; SL 1973, ch 93, § 2; SL 1975, ch 128, § 295; SL 1985, ch 137; SL 1989, ch 153, § 7; SL 1994, ch 131; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2013, ch 170, § 9; SL 2015, ch 98, § 3; SL 2016, ch 80, § 4; SL 2017, ch 81, § 57; SL 2020, ch 62, § 1.
S.D. Codified Laws § 13-47-1.1 — SD Code / Title 13 / Chapter 47 / Section 13-47-1.1
Board and facilities as educational telecommunications section
Status: in_force

The board and all its facilities and functions comprise the Educational Telecommunications Office of the Bureau of Information and Technology.

Source: SL 1973, ch 2, § 259; SL 1994, ch 412, (Ex. Ord. 94-4), § 22; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 13-13-20.4 — SD Code / Title 13 / Chapter 13 / Section 13-13-20.4
Actual assessed value for property given reduced value
Status: in_force

For any structure given a reduced value pursuant to § 10-6-137 , the portion of actual assessed value of the property used when calculating state aid to education must be twenty percent in the first year, forty percent in the second year, sixty percent in the third year, eighty percent in the fourth year, and one hundred percent each year thereafter.

For any structure or property given a reduced value pursuant to § 10-6-137.1 or 10-6-144 , the portion of actual assessed value of the property used when calculating state aid to education must be:

(1) Twenty-five percent in the first or second year;

(2) Fifty percent in the third or fourth year;

(3) Seventy-five percent in the fifth or sixth year; and

(4) One hundred percent in the seventh year and each year thereafter.

The actual assessed value of any property given exempt status, pursuant to § 10-4-39 , must be used when calculating state aid to education.

Source: SL 1991, ch 130; SL 1993, ch 81, § 13D; SL 1993, ch 82, § 5; SL 1993, ch 85, § 5; SL 1994, ch 79, § 5; SL 1996, ch 69, § 16A; SL 2006, ch 37, § 3; SL 2020, ch 39, § 11; SL 2021, ch 44, § 44; SL 2022, ch 29, § 7.
S.D. Codified Laws § 13-37-59 — SD Code / Title 13 / Chapter 37 / Section 13-37-59
District with early intervening services ineligible for other funds
Status: in_force

A school district that provides early intervening services pursuant to § 13-37-55 is not eligible for funding from the money set aside pursuant to § 13-37-40 within a period of three years following the expenditure of such funds.

Source: SL 2013, ch 79, § 5.
S.D. Codified Laws § 13-59-1 — SD Code / Title 13 / Chapter 59 / Section 13-59-1
Names, locations, and purposes of schools--Degrees authorized by Board of Regents
Status: in_force

The primary purpose of Northern State University, at Aberdeen in Brown County, and Black Hills State University, at Spearfish in Lawrence County, is the preparation of elementary and secondary teachers, and a secondary purpose is to offer preprofessional, one - year and two - year terminal and junior college programs. Four - year degrees other than in education and graduate work may be authorized by the Board of Regents.

Source: SDC 1939, §§ 15.1301 to 15.1303; SL 1939, ch 39, § 1; SL 1941, ch 59; SL 1947, ch 58; SL 1947, ch 59; SL 1964, ch 36, §§ 1, 2; SDCL, §§ 13-59-2 , 13-59-3 ; SL 1969, ch 41; SL 1975, ch 128, § 359; SL 1984, ch 142, § 1; SL 1989, ch 170, § 1.
S.D. Codified Laws § 13-16-13 — SD Code / Title 13 / Chapter 16 / Section 13-16-13
Tax proceeds paid into bond redemption fund--Purposes for which used
Status: in_force

When the tax levied under § 13-16-11 shall be collected the business manager shall enter the same into the bond redemption fund and the same shall not be used for any other purpose and shall be applied to the payment of bonds when due and for the payment of interest thereon.

Source: SL 1955, ch 41, ch 10, § 4; SDC Supp 1960, § 15.2204; SL 1963, ch 75, § 1; SL 1965, ch 47; SL 1975, ch 128, § 104.
S.D. Codified Laws § 13-35-4 — SD Code / Title 13 / Chapter 35 / Section 13-35-4
Cost accounting system
Status: in_force

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 41, ch 11, § 8; SDC Supp 1960, § 15.2108 (2); SL 1971, ch 121, § 2; SL 1975, ch 128, § 224; SL 2010, ch 77, § 10.
S.D. Codified Laws § 13-27-19 — SD Code / Title 13 / Chapter 27 / Section 13-27-19
Truancy officers--Power--Authority to apprehend--Supervisory control by secretary
Status: in_force

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 excused;

(2) Has withdrawn from school, pursuant to § 13-27-1.3 ; or

(3) Has successfully completed a high school equivalency test, pursuant to § 13-27-1.4 .

A truancy officer shall place the child in the custody of the individual having charge of the place where the child is enrolled and required by law to attend.

In the administration of the officer's duties, each truancy officer is subject to the general supervisory control of the secretary of the Department of Education.

Source: SDC 1939, § 15.3205; SL 1955, ch 41, ch 15, § 5; SL 1971, ch 116, § 11; SL 1982, ch 142, § 8; SL 2003, ch 272, § 63; SL 2021, ch 76, § 13; SL 2025, ch 80, § 6.
S.D. Codified Laws § 13-64-10 — SD Code / Title 13 / Chapter 64 / Section 13-64-10
Requirements for petition
Status: in_force

Voters signing a referendum petition under § 13-64-7 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 § 7-18A-12 .

Source: SL 2013, ch 93, § 12.
S.D. Codified Laws § 13-28A-14 — SD Code / Title 13 / Chapter 28A / Section 13-28A-14
Entitlements where tuition rate and per student equivalent differ
Status: in_force

If the rate of tuition specified in a tuition regulation program agreement established pursuant to § 13-28A-1 is greater than the per student equivalent as defined in § 13-13-10.1 , any South Dakota school district that pays tuition to a bordering state school district in accordance with that agreement is entitled to the difference between the rate of tuition and the per student equivalent for each student for whom tuition is paid.

If the rate of tuition specified in a tuition regulation program agreement established pursuant to § 13-28A-1 is less than the per student equivalent, any South Dakota school district that receives tuition from a bordering state school district in accordance with that agreement is entitled to the difference between the per student equivalent and the rate of tuition for each student for whom tuition is received.

The entitlements created in this section shall be paid out of money appropriated in the general appropriations act for state aid to education.

Source: SL 2008, ch 81, § 11; SL 2016, ch 83, § 20.
S.D. Codified Laws § 13-1-58 — SD Code / Title 13 / Chapter 1 / Section 13-1-58
Interference with news media coverage of high school activities prohibited--Exception
Status: in_force

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 engage in journalism at any such activity or event. The school district or school board shall prevent any school under its authority from interfering with the right of news media to engage in journalism at any such activity or event. The provisions of this section do not apply to any state championship interscholastic event.

Source: SL 2013, ch 69, § 2; SL 2021, ch 70, § 2.
S.D. Codified Laws § 13-51A-20 — SD Code / Title 13 / Chapter 51A / Section 13-51A-20
Additional covenants for security of bonds
Status: in_force

In connection with the issuance of any bonds under this chapter, and in order to secure the payment of any such bonds and the interest thereon, the board shall have the power for each such institution to covenant with or for the benefit of the holder or holders of bonds issued under this chapter as to all matters deemed advisable by the board, including:

(1) The purposes, terms, and conditions for the issuance of additional parity or junior lien bonds that may thereafter be issued, and for the payment of the principal, redemption premiums, and interest on such bonds.

(2) The kind and amount of all insurance to be carried, the cost of which shall be charged as an operation and maintenance expense of any project.

(3) The operation, maintenance, and management of any project to assure the maximum use and occupancy thereof; the accounting for, and the auditing of, all income revenue from, and all expenses of, any project; the employment of engineers and consultants; and the keeping of records, reports, and audits of any project.

(4) The obligation of the board to maintain any project in good condition and to operate the same at all times in an economical and efficient manner.

(5) The terms and conditions for creating and maintaining debt service funds, reserve funds, and such other special funds as may be created in the resolution authorizing said bonds, separate and apart from all other funds and accounts of said board and said institution.

(6) The procedure by which the terms of any contract with the holders of the bonds may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which consent may be given.

(7) Providing the procedure for refunding such bonds.

(8) Such other covenants as may be deemed necessary or desirable to assure a successful operation of any project and the prompt payment of the principal of and interest upon the bonds so authorized.

Source: SL 1971, ch 134, § 5, subdiv 4.
S.D. Codified Laws § 13-51A-32 — SD Code / Title 13 / Chapter 51A / Section 13-51A-32
Actions for enforcement of chapter and resolutions
Status: in_force

The provisions of this chapter and of any resolution or other proceeding authorizing the issuance of bonds shall constitute a contract with the holders of such bonds and the provisions thereof shall be enforceable either in law or in equity, by suit, action, mandamus, or other proceeding in any court of competent jurisdiction to enforce and compel the performance of all duties required by this chapter and by any resolution authorizing the issuance of bonds adopted responsive hereto.

Source: SL 1971, ch 134, § 6.
S.D. Codified Laws § 13-18-8 — SD Code / Title 13 / Chapter 18 / Section 13-18-8
Business manager's check register--Form and contents
Status: in_force

The business manager shall keep a check register, which register shall show in a column arranged for that purpose the number, date, and amount of each check issued, the fund upon which the same is drawn, the date of issue, and the name of the payee.

Source: SDC 1939, § 15.2220; SL 1955, ch 41, ch 10, § 12; SDC Supp 1960, § 15.2212; SL 1975, ch 128, § 112.
S.D. Codified Laws § 13-17-3 — SD Code / Title 13 / Chapter 17 / Section 13-17-3
Petition for circuit court approval of judgment compromise--Attached papers
Status: in_force

After the passage and entry of record of such resolution, such school board shall present to the circuit court of the county where such school district is located, a petition setting forth a copy of said resolution, and such other facts as such court may require, together with a verified property statement to be furnished by such judgment debtor, and praying for an order of such court approving and authorizing such compromise settlement.

Source: SL 1939, ch 55, § 3; SL 1955, ch 41, ch 10, § 40; SDC Supp 1960, § 15.2240.
S.D. Codified Laws § 13-39A-40 — SD Code / Title 13 / Chapter 39A / Section 13-39A-40
Confidentiality of student information
Status: in_force

Each technical college shall treat all information disclosed pursuant to § 13-28-50 as confidential and subject to the same restrictions that apply to personally identifiable information involving any student enrolled in a technical college.

Source: SL 2017, ch 81, § 40; SL 2020, ch 61, § 25.
S.D. Codified Laws § 13-43-6.5 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.5
Termination not caused by amount of compensation
Status: in_force

A teacher's employment may not be terminated because of the amount of the teacher's compensation.

Source: SL 1995, ch 87, § 75E.
S.D. Codified Laws § 13-33-24 — SD Code / Title 13 / Chapter 33 / Section 13-33-24
South Dakota virtual school created
Status: in_force

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 in the state.

Source: SL 2006, ch 83, § 1; SL 2008, ch 82, § 1.
S.D. Codified Laws § 13-1-56 — SD Code / Title 13 / Chapter 1 / Section 13-1-56
Electronic mail to parent or guardian
Status: in_force

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 an electronic mail address to which the notifications or correspondence may be sent.

Source: SL 2011, ch 87, § 5.
S.D. Codified Laws § 13-33A-9 — SD Code / Title 13 / Chapter 33A / Section 13-33A-9
Possession and administration of opioid antagonists by school personnel
Status: in_force

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 § 13-33A-10 .

Source: SL 2019, ch 84, § 1, eff. Mar. 11, 2019.
S.D. Codified Laws § 13-53-25 — SD Code / Title 13 / Chapter 53 / Section 13-53-25
Residence in state for sole purpose of attending institution of higher education not counted for residency requirement
Status: in_force

Physical presence in South Dakota for the predominant purpose of attending a college, university, or other institution of higher education does not count in determining the twelve - month period of residence. Absence from South Dakota for such purpose does not deprive a person of resident student status.

Source: SL 1996, ch 130, § 3.
S.D. Codified Laws § 13-53-1.1 — SD Code / Title 13 / Chapter 53 / Section 13-53-1.1
Draft registration compliance as prerequisite to enrollment--Statement of registration compliance
Status: in_force

No male person born after December 31, 1959, may enroll at any state - supported college or university until such person has filed with the institution a statement of registration compliance. In such a statement of registration compliance, the person shall certify, under oath, either that he is registered with the selective service pursuant to the Military Selective Service Act, 50 U.S.C. § 453, as amended and in effect on January 1, 1988, or that, for any reason specified in 50 U.S.C. § 453, he is not required to be registered.

Source: SL 1988, ch 159, § 1.
S.D. Codified Laws § 13-57-3.1 — SD Code / Title 13 / Chapter 57 / Section 13-57-3.1
School of medicine created
Status: in_force

There is hereby created at the University of South Dakota a family practice oriented four - year M.D. degree granting school of medicine which shall be under the control of the Board of Regents.

Source: SL 1974, ch 139, § 1.
S.D. Codified Laws § 13-6-10 — SD Code / Title 13 / Chapter 6 / Section 13-6-10
Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters
Status: in_force

If the school board or the voters of two or more districts or parts of districts express a desire to consolidate their respective districts to create a new entity; or the school board or the voters of an existing district express a desire to divide the district to create one or more new entities; or the school board or the voters of an existing district express a desire to dissolve and be annexed to an existing district, the school board may by resolution, or shall, if presented by a petition signed by fifteen percent of the registered voters residing in the district, based upon the total number of registered voters at the last preceding general election, develop a plan to accomplish the desire expressed in the resolution or contained in the petition. If more than one district is involved, their respective school boards shall act jointly in the preparation of the plan. Within fifteen days after a petition is filed as provided in this section, the school district shall acknowledge the receipt of the petition in writing to the person who filed the petition. Within one hundred eighty days after the petition was filed, the school board shall develop the plan required in this section and shall file the plan as required in § 13-6-17 . The Department of Education may grant two extensions of the filing deadline, not to exceed ninety days each.

The school board shall call conferences and hold hearings to develop the plan. The school board may employ a consultant. If the school boards involved in the creation of a plan initiated by a petitioner cannot agree on a single plan within the time allowed in this section, the Secretary of Education shall submit a plan to the voters of each affected school board within ninety days.

Source: SDCL, § 13-6-10 as enacted by SL 1973, ch 85, § 9; SL 1987, ch 67, § 9; SL 1991, ch 126, § 1; SL 1999, ch 77, § 1; SL 2003, ch 272, § 63; SL 2005, ch 95, § 1.
S.D. Codified Laws § 13-42-70 — SD Code / Title 13 / Chapter 42 / Section 13-42-70
Evaluation records and documents not open to inspection or copying
Status: in_force

Any record or document, regardless of physical form, created by a public school, public school district, or any other school in connection with the evaluation of an individual teacher, principal, or other school employee constitutes personnel information and is not open to inspection or copying pursuant to subdivision 1-27-1.5 (7).

Source: SL 2014, ch 94, § 1.
S.D. Codified Laws § 13-8-43 — SD Code / Title 13 / Chapter 8 / Section 13-8-43
Records of business manager open to public inspection
Status: in_force

All reports, books, records, contracts, and papers in the office of the business manager relating to school business in the district shall be retained in the office of the business manager and at all times open to the inspection of the president of the board, the secretary of the Department of Education and county auditor, and at reasonable hours to any voter or taxpayer.

Source: SDC 1939, § 15.2323; SL 1955, ch 41, ch 9, § 37; SDC Supp 1960, § 15.2337; SL 1971, ch 104, § 6; SL 1973, ch 86, § 16; SL 1975, ch 128, § 64; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-51-8.2 — SD Code / Title 13 / Chapter 51 / Section 13-51-8.2
Power to issue refunding bonds for revenue bonds issued on self-liquidating projects or facilities
Status: in_force

The Board of Regents, with the approval of the Governor and commissioner of the Bureau of Finance and Management, may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds previously issued in connection with "self - liquidating" projects, or for the purpose of combining such projects on an institutional basis.

Source: SL 1969, ch 77, § 2; SL 1975, ch 128, § 337.
S.D. Codified Laws § 13-28A-7 — SD Code / Title 13 / Chapter 28A / Section 13-28A-7
Student from bordering state included in South Dakota receiving school district's fall enrollment for aid purposes
Status: in_force

If South Dakota enters into an open enrollment agreement with a bordering state, for the purposes of state aid to education distributed pursuant to chapter 13-13 , any student open enrolled to a South Dakota district from a bordering state is included in the receiving school district's fall enrollment.

Source: SL 2005, ch 102, § 7; SL 2007, ch 93, § 19; SL 2008, ch 81, § 7.
S.D. Codified Laws § 13-32-11 — SD Code / Title 13 / Chapter 32 / Section 13-32-11
Self-administration of medications--Requirements--Recording of statement
Status: in_force

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 licensed health care provider;

(2) The medication has been prescribed for that student as indicated by the prescription label on the medication, or by a prescriber's school orders;

(3) The student's parent provides to the school:

(a) Written authorization, signed by the parent, for the student to self-administer the prescription medication, and possess and use related equipment and supplies, while on school property or at a school-related event or activity; and

(b) A written statement, signed by the parent, in which the parent releases the school district or nonpublic school and its employees and agents from liability for an injury arising from the student's self-administration of prescription medication, or possession or use of related equipment and supplies, while on school property or at a school-related event or activity, unless in cases of wanton or willful misconduct;

(4) A written statement, signed by the student's physician or other licensed health care provider, is provided to the school that states:

(a) The student has been diagnosed, by a licensed health care provider, with asthma, anaphylaxis, or diabetes, and the student is capable of self-administering and managing the prescription medication;

(b) The name and purpose of the medication;

(c) The prescribed dosage for the medication;

(d) The times at which or circumstances under which the medication may be administered;

(e) The period for which the medication is prescribed; and

(f) The types of related equipment and supplies the student is permitted to possess and use, if applicable.

The physician's or provider's statement must be retained in the student's educational record maintained by the school.

Source: SL 2010, ch 93, § 2; SL 2026, ch 82, § 2.
S.D. Codified Laws § 13-7-3 — SD Code / Title 13 / Chapter 7 / Section 13-7-3
Public offices incompatible with board membership
Status: in_force

No elective county, municipal, or state officer or the holder of any other office, the duties of which are incompatible or inconsistent with the duties of a school board member, shall be eligible for such membership.

Source: SL 1955, ch 41, ch 9, § 9; SDC Supp 1960, § 15.2309; SL 1975, ch 128, § 30.
S.D. Codified Laws § 13-20-1 — SD Code / Title 13 / Chapter 20 / Section 13-20-1
Board approval required for contracts
Status: in_force

No contract shall be binding on any school district except it be approved by the school board acting as such, at an annual, regular, or regularly called special meeting.

Source: SDC 1939, § 15.2025; SL 1955, ch 41, ch 10, § 34; SDC Supp 1960, § 15.2234.
S.D. Codified Laws § 13-53-1.2 — SD Code / Title 13 / Chapter 53 / Section 13-53-1.2
Form for statement of registration compliance--Inclusion in application
Status: in_force

The Board of Regents shall prescribe the form for the statement of registration compliance provided by § 13-53-1.1 and shall insure that the statement of registration compliance be included in applications for all new and transfer students.

Source: SL 1988, ch 159, § 2.
S.D. Codified Laws § 13-63-18 — SD Code / Title 13 / Chapter 63 / Section 13-63-18
No direction of investments--Limited options permitted--Financial institution obligation
Status: in_force

A contributor to, account owner of, or designated beneficiary of, any account may not, directly or indirectly direct the investment of any contributions to an account or the earnings from the account, except to the extent permitted under section 529 of the Internal Revenue Code. A financial institution may not permit a contributor, account owner, or designated beneficiary to act with respect to an account in a manner that constitutes investment direction, except to the extent permitted under section 529(b)(4) of the Internal Revenue Code.

The council, as trustee, may offer participants a choice of several investment options, some of which may require investment counseling prior to participation. Any investment vehicle offered by the council must be in accordance with policies of the council adopted pursuant to this chapter and must be consistent with the investments of a prudent person with similar objectives and must further be separate from, and not commingled with, other investment programs of the council.

Source: SL 2001, ch 97, § 18; SL 2002, ch 94, § 2; SL 2022, ch 49, § 7.
S.D. Codified Laws § 13-43-28.1 — SD Code / Title 13 / Chapter 43 / Section 13-43-28.1
Complaint requesting revocation or suspension of certificate--Procedure--Decision--Appeal
Status: in_force

If the Professional Teachers Practices and Standards Commission determines that proceedings to revoke or suspend the certificate should be instituted, the commission shall file a written complaint, findings of fact and conclusions of law, and the hearing record with the secretary and serve a copy of the complaint and findings and conclusions upon the parties before the commission. The commission's complaint shall specify the nature and character of the charges. The commission may impose discipline pursuant to § 13-43-28 and file a complaint pursuant to this section.

The secretary may base the revocation or suspension decision solely upon review of the commission's hearing record or may require additional evidence by affidavit, document, or testimony upon the secretary's own motion or upon the request of any party before the commission. The commission's determination to institute proceedings seeking revocation or suspension of a certificate pursuant to this section is not a final agency action and may not be appealed to court. The final decision of the secretary may be appealed to circuit court as provided in § 13-42-16 .

Source: SDCL § 13-43-28 as added by SL 1975, ch 140; SL 1988, ch 152; SL 1991, ch 20, §§ 17, 18; SL 1994, ch 132, § 13; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 22.
S.D. Codified Laws § 13-27-1 — SD Code / Title 13 / Chapter 27 / Section 13-27-1
Duty of person controlling child--Kindergarten--Transfer from another state
Status: in_force

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 receive alternative instruction, as set forth in § 13-27-3 , until the child is eighteen years old, has graduated, or is excused or withdraws as provided in this chapter.

Each child shall attend kindergarten prior to age seven. Any child who transfers from another state may proceed in a continuous educational program without interruption if the child has not previously attended kindergarten.

Source: SDC 1939, § 15.3201; SL 1941, ch 65; SL 1955, ch 41, ch 15, § 1; SL 1975, ch 128, § 169; SL 1978, ch 111; SL 1985, ch 129, § 7; SL 1986, ch 122, §§ 1, 9; SL 1990, ch 126, § 1; SL 1991, ch 142, § 2; SL 1996, ch 114, §3; SL 2006, ch 80, § 1; SL 2007, ch 98, § 1; SL 2009, ch 83, § 1; SL 2009, ch 83, § 3, eff. July 1, 2010; SL 2017, ch 77, § 1; SL 2021, ch 76, § 1; SL 2025, ch 80, § 1.
S.D. Codified Laws § 13-15-2 — SD Code / Title 13 / Chapter 15 / Section 13-15-2
Contracts for education of Indian children--Receipt and expenditure of federal grants
Status: in_force

The secretary of education is hereby authorized to enter into contracts with the United States Department of the Interior for the education of Indian children, to receive grants of federal funds for that purpose, and to expend such funds under such rules as the South Dakota Board of Education Standards may establish.

Source: SL 1949, ch 65; SL 1955, ch 41, ch 1, § 5; SDC Supp 1960, § 15.0805; SL 1975, ch 128, § 91; SL 2004, ch 17, § 15; SL 2017, ch 81, § 57.