S.D. Codified Laws § 13-53B-1 — SD Code / Title 13 / Chapter 53B / Section 13-53B-1
13-53B-1. 13-53B-1.Agreement covering public higher education institutions authorized--Text
Status: in_force

The Board of Regents may execute a tuition reciprocity agreement on behalf of the State of South Dakota with the state of Minnesota or its authorized representative in substantially the form that follows:

The purpose of the Minnesota-South Dakota Public Higher Education Reciprocity Agreement shall be to provide greater higher educational opportunities and services to the citizens of the states of Minnesota and South Dakota through the provision of access to the public higher education institutions of each state to students of the neighboring state on an equivalent basis as students from the state in which the institution is located and with the specific aims of enhancing accessibility to programs, expanding the range of programs available, and promoting the greater economy of state finances.

As used in this Agreement:

"Academic year" means that period of time commencing with the institution's fall quarter or semester and terminating with the subsequent summer sessions.

"Participant" means a person who has been accepted and enrolled at an eligible institution under the provisions set forth in this Agreement.

"Participating states" means those states which are party to this Agreement, i.e., Minnesota and South Dakota.

"Tuition Differential Factor" means that number calculated annually which is the result of averaging the average weighted difference between the resident and nonresident tuition for all programs at the undergraduate, graduate and professional levels at all eligible institutions in the participating states.

A. This Agreement shall become effective at the commencement of the academic year next succeeding its approval by the appropriate authorities in the participating states and shall continue from year to year unless terminated as hereafter provided.

B. Modification of this Agreement may be proposed at any time and shall become effective upon mutual agreement of both parties and approval by the appropriate state authorities.

C. Either party hereto may terminate this Agreement at any time; provided, however, that such termination shall only work to preclude any further admissions under the terms hereof but shall not prejudice the rights of participants to complete the academic program in which they are enrolled at the date of termination.

The terms and conditions of this Agreement shall, to the extent provided, govern matriculation at all institutions under the jurisdiction of the South Dakota Board of Regents, the University of Minnesota Board of Regents, the Minnesota State University Board, and the Minnesota State Board for Community Colleges, and shall extend to all programs, whether on an undergraduate, graduate, or professional level, except for those programs for which either state has contracted for a guaranteed number of spaces in the other state. It is the intent of this Agreement that there shall be no limitation on the number of students who may participate from either state, except to the extent of program restrictions and the availability of space in the particular program which the student seeks to enter.

Participation in the eligible law and medicine programs under the terms of this Agreement shall be restricted to 5 percent of the spaces available in the first year of each such program; provided, however, that the foregoing limitation shall not preclude participation by students enrolled in such programs beyond the freshman year as of the effective date of this Agreement. Participation in the veterinary medicine program under the terms of this Agreement includes the reservation of at least five positions in each entering class, provided, however, that the foregoing limitation does not preclude participation by students enrolled in such program beyond the freshman year as of the effective date of this change to the original Agreement.

A. All persons who qualify as residents of Minnesota or South Dakota for purposes of public higher education under the laws or rules of the state in which they claim to reside, shall be eligible to apply for admission and attend any of the eligible institutions or programs on the same basis as any resident of the state in which the institution or program is located. It is specifically understood and agreed that all participants under this program shall be treated on an equal basis with state residents, such equality of treatment particularly including, but in no case limited to, admissions and fees.

B. Any resident of a state who otherwise attends an eligible institution in the other state, under conditions which obviate the necessity of paying nonresident charges, shall not be an eligible participant under this program.

C. Participants under the program established by this Agreement shall be required to satisfy those admission and performance requirements and comply with all policies, rules and regulations of the institution in which they are matriculated unless herein otherwise provided.

D. All forms of financial aid provided by any eligible institution shall be available to a participant under the program established by this Agreement, except those aid programs totally supported by state funds or private funds, for which eligibility is legally restricted, and provided the participant otherwise qualifies for the aid.

A. The South Dakota Board of Regents and the Minnesota Higher Education Coordinating Board (MHECB) shall be responsible for the administration of this Agreement and pursuant thereto may adopt rules and procedures and may enter into cooperative agreements.

B. Each board shall determine the eligibility of applicants to become participants based on their state's residency policies. Where a participant's residency status originates in one state and is later terminated but may prospectively be established in the other state, then the participant shall, for the purposes of this Agreement, be treated as a resident of the originating state for one year or until residency is subsequently established in a participating state, whichever shall occur first.

C. Each state shall cooperatively audit the eligible institutions at least annually with the objective of verifying the enrollment and continued attendance of participants.

D. The applicant procedure, determination of eligibility and effective reciprocity tuition schedules shall be specified in the annual administrative memorandum prepared by the administering agencies.

E. Neither state agency will be financially liable for students enrolled under the reciprocity agreement who have not received prior approval and certification by the responsible agency.

A. Annually, each state shall determine the number of participants and the total credit hours for which nonresident tuition has been remitted under this Agreement and shall certify to the other state the results. Certification shall be submitted by the first day of December and shall encompass the previous academic year.

B. The state with the greater total credit hours of participation shall reimburse the other in an amount which shall be determined by multiplying the difference between the states' total credit hours of participation by the Tuition Differential Factor for the year in question.

C. Any payment required under this Agreement shall be to the State of South Dakota tuition and fees fund or the state of Minnesota.

This agreement is entered into by the South Dakota Board of Regents pursuant to the authority granted in SDCL 13-53-6.2 and by the Minnesota Higher Education Coordinating Board pursuant to the authority granted in Minn. Stats. Ch. 136A.08 and shall therefore be liberally construed in accordance with the intent and to accomplish the purposes of those provisions. If any phrase, clause, sentence or provision of this Agreement or any modification hereof or supplement hereto be determined to be contrary to or inconsistent with the authority above cited or the constitution of either state, or the applicability thereof to any agency, person or circumstance is held invalid, the validity of the remainder of this Agreement or of any modification or supplement or its applicability to any agency, person or circumstance shall not thereby be rendered ineffective.

Source: SL 1978, ch 127; SL 1984, ch 133.
S.D. Codified Laws § 13-33-23 — SD Code / Title 13 / Chapter 33 / Section 13-33-23
Promulgation of rules establishing priorities and eligibility for distance learning courses
Status: in_force

The board shall also promulgate rules pursuant to chapter 1-26 establishing priorities and eligibility for distance learning courses.

Source: SL 2005, ch 104, § 4.
S.D. Codified Laws § 13-49-2 — SD Code / Title 13 / Chapter 49 / Section 13-49-2
Qualifications of members of board
Status: in_force

Each regent who is a regular member shall be a person of probity and wisdom and selected from among the best known citizens, who are residents of different portions of the state. No two regents may be residents in the same county and not more than six may be members of the same political party. One regent shall be the student regent as provided in § 13-49-6.1 . A regent's residence is determined by where the regent is registered to vote.

Source: SDC 1939, § 15.0703; SL 1951, ch 45; SL 1955, ch 39; SL 1957, ch 47; SL 1975, ch 128, § 325; SL 1976, ch 126, § 2; SL 1979, ch 125, § 2; SL 1986, ch 138; SL 1988, ch 154, § 1; SL 2007, ch 109, § 2.
S.D. Codified Laws § 13-65-1 — SD Code / Title 13 / Chapter 65 / Section 13-65-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Certified enrollment," the K-12 enrollment data required to be submitted to the Department of Education by an accredited school by October fifteenth of each year and published by the department on the department's website;

(2) "Division," the Division of Insurance in the Department of Labor and Regulation;

(3) "Educational scholarship," a grant to an eligible student to cover all or part of the tuition and fees at a qualifying school. The average value of all scholarships awarded by a scholarship granting organization may not exceed the per student equivalent, as defined in § 13-13-10.1 ;

(4) "Eligible student," any student entering kindergarten through twelfth grade who resides in South Dakota while receiving the educational scholarship and:

(a) Is a member of a household whose total annual income, the year before the student enters the program, did not exceed two hundred percent of the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program. If sufficient funding is available, once a student meets the initial income eligibility requirement, the student remains income eligible for three years or if the student is entering high school, until the student graduates high school regardless of household income. After the initial period of income eligibility, a student remains eligible if the student is a member of a household whose total annual income in the prior year did not exceed two hundred fifty percent of the income standard used to qualify for a free or reduced-price lunch; or

(b) Is in foster care;

(5) "Low-income eligible student," any student who is a member of a household whose total annual income, the year before the student enters the program, did not exceed one hundred percent of the income standard used to qualify for a free or reduced-price lunch under the national free or reduced-price lunch program;

(6) "Parent," any guardian, custodian, or other person with authority to act in place of a parent for the child;

(7) "Program," the partners in education tax credit program established pursuant to this chapter;

(8) "Qualifying school," any nonpublic school that operates within the boundaries of South Dakota or any tribally controlled school on a federally recognized Indian reservation that operates within the boundaries of South Dakota, is accredited by the Department of Education, provides education to elementary or secondary students, and has notified a scholarship granting organization of its intention to participate in the program and comply with the program requirements. This term excludes any school that receives a majority of its revenues from public funds; and

(9) "Scholarship granting organization," a nonprofit organization that complies with the requirements of the program and provides educational scholarships to students.

Source: SL 2016, ch 102, § 1; SL 2018, ch 107, § 1; SL 2018, ch 108, § 1; SL 2021, ch 84, § 1; SL 2022, ch 50, § 1; SL 2024, ch 66, § 1; SL 2026, ch 89, § 1.
S.D. Codified Laws § 13-55-31.3 — SD Code / Title 13 / Chapter 55 / Section 13-55-31.3
Opportunity scholarship eligibility requirements for students who received alternative instruction
Status: in_force

In order to be eligible for a South Dakota opportunity scholarship pursuant to this section, a student who received alternative instruction pursuant to §§ 13-27-3 to 13-27-9 , inclusive, shall:

(1) Be a resident of this state;

(2) Obtain a composite score or superscore of at least twenty-four on the ACT or a comparable score on the SAT as determined by the Board of Regents;

(3) Provide a transcript of completed coursework that is issued by the parent or guardian listed on the notification and which includes:

(a) Four or more units of language arts, including:

(i) One and one-half units of writing;

(ii) One and one-half units of literature, one-half unit of which must be American literature;

(iii) One-half unit of speech or debate; and

(iv) One-half unit of a language arts elective;

(b) Three or more units of social studies, including:

(i) One unit of U.S. history;

(ii) One-half unit of U.S. government;

(iii) One-half unit of geography;

(iv) One-half unit of world history; and

(v) One-half unit of a social studies elective;

(c) Four units of mathematics, including:

(i) One unit of algebra I;

(ii) One unit of geometry;

(iii) One unit of algebra II; and

(iv) One unit of advanced math;

(d) Four units of science, at least three of which must be laboratory science, including:

(i) One unit of biology;

(ii) One unit of any physical science;

(iii) One unit of chemistry or physics; and

(iv) One unit of science electives;

(e) Two units of either of the following or a combination of the two:

(i) Career and technical education; and

(ii) World languages;

(f) One-half unit of personal finance or economics;

(g) One unit of fine arts;

(h) One-half unit of physical education; and

(i) One-half unit of health or health integration;

(4) Attend a university, college, or technical school that is accredited by the Higher Learning Commission and provides instruction from a campus located in this state; and

(5) Enter into the program:

(a) Within five years after the conclusion of the school year in which the student graduated, while being provided alternative instruction in accordance with §§ 13-27-3 to 13-27-9 , inclusive; or

(b) Within one year after the conclusion of the school year in which the student was discharged from active duty with the armed forces, provided the discharge occurred within five years after the conclusion of the school year in which the student graduated, while being provided alternative instruction in accordance with §§ 13-27-3 to 13-27-9 , inclusive.

If a student attends full-time a regionally accredited university, college, or technical school, located outside this state, and within two years from the end of the school year in which the student graduated, while being provided with alternative instruction in accordance with §§ 13-27-3 to 13-27-9 , inclusive, or within two years after the conclusion of the school year in which the student was discharged from active duty with the armed forces, as set forth in subsection (b) of subdivision (5), 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 eight consecutive fall and spring semesters or until the attainment of a baccalaureate degree, whichever comes first. The Board of Regents may grant exceptions to the continuous enrollment requirement upon a showing of good cause.

Source: SL 2019, ch 96, § 1; SL 2020, ch 66, § 3; SL 2021, ch 76, § 19.
S.D. Codified Laws § 13-55E-7 — SD Code / Title 13 / Chapter 55E / Section 13-55E-7
Nontransferability--Substitution of beneficiary
Status: in_force

An advance payment contract may not be sold or otherwise transferred by the purchaser or beneficiary. Subject to rules promulgated pursuant to chapter 1-26 , the purchaser may substitute another individual for the beneficiary originally named in the contract.

Source: SL 1994, ch 145, § 7.
S.D. Codified Laws § 13-37-1.3 — SD Code / Title 13 / Chapter 37 / Section 13-37-1.3
Free education for special education children
Status: in_force

Each school district shall provide all of its resident children in need of special education or special education and related services, as defined in § 13-37-1 , with a free appropriate public education, as defined in rules promulgated pursuant to chapter 1-26 by the South Dakota Board of Education Standards.

Source: SL 1996, ch 8, § 29; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-28-9 — SD Code / Title 13 / Chapter 28 / Section 13-28-9
School residence for free school privileges--Change of residence--Children of transferred active duty military personnel
Status: in_force

School residence for the purpose of claiming free school privileges means the legal residence of the student's parents or guardian except as provided in § 13-28-10 . If a parent or guardian has more than one residence, the school residence is the residence where the parent or guardian actually lives and makes a home or domicile. In case of dispute, if the student's parent or guardian has claimed a credit pursuant to § 10-13-39 , it is presumed that the dwelling so claimed is the residence of the parent or guardian. The student or the student's parents or guardian may not establish school residence and be exempt from the payment of tuition if the residence of the parents or guardian of the student is acquired solely or principally for obtaining free school privileges. At the time a child is enrolled in a school district, the school residence of the child as determined by that school district within thirty days after the enrollment may not change during the school fiscal year, unless the child ceases to be an enrolled member of a school within the district. If a student's parents or guardians are separated or divorced, the school residence is the school district in which the custodial parent or guardian has residence. If the parents or guardian have joint custody of a student, school residence is that of the parent or guardian with whom the child resides the greater portion of the school year.

Notwithstanding the provisions of any other law, if the parent or guardian of a child is transferred to or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order, the child meets the residency requirement for free school privileges in the school district in which the parent or guardian resides or will reside.

For the purposes of this section, a military installation is a base, camp, post, station, yard, center, or other installation under the jurisdiction of the United States Department of Defense.

Source: SL 1955, ch 41, ch 12, § 3; SL 1959, ch 70; SDC Supp 1960, § 15.3003; SL 1965, ch 52; SL 1972, ch 98; SL 1981, ch 142; SL 1982, ch 143, § 1; SL 1993, ch 213, § 85; SL 1996, ch 116; SL 1996, ch 117; SL 1997, ch 98, § 15; SL 2019, ch 83, § 1.
S.D. Codified Laws § 13-32-4.7 — SD Code / Title 13 / Chapter 32 / Section 13-32-4.7
Due process procedures--Promulgation of early reinstatement rules
Status: in_force

The administrative due process procedures established in ARSD 24:07:04 for the protection of students' rights in an expulsion procedure apply to the early reinstatement process established in §§ 13-32-4.4 to 13-32-4.6 , inclusive, and the South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to establish additional procedures for the early reinstatement process, including the development of early reinstatement conditions by school boards.

Source: SL 2010, ch 89, § 4; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-39A-34 — SD Code / Title 13 / Chapter 39A / Section 13-39A-34
Joint resolution specifying duties and powers of postsecondary technical institute
Status: in_force

The joint resolution passed pursuant to § 13-39A-33 shall specify the duties and powers of a postsecondary technical institute. The resolution may also specify the procedure for selecting members of the governing board, which may include local elections for the members. An institute established pursuant to § 13-39A-33 may be a distinct legal entity separate and apart from the school district or districts which established it.

Source: SL 2017, ch 81, § 34.
S.D. Codified Laws § 13-49-20.10 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.10
Repayment deposited in livestock disease emergency fund
Status: in_force

Any net repayment made pursuant to this chapter shall be deposited to the livestock disease emergency fund.

Source: SL 1991, ch 157, § 9.
S.D. Codified Laws § 13-51-18 — SD Code / Title 13 / Chapter 51 / Section 13-51-18
Reversion of property to Board of Regents
Status: in_force

Should any real property transferred pursuant to § 13-51-16 cease to be used for two consecutive years for the purpose stated in § 13-51-17 , the title to such real property and any related personal improvements located on the property shall revert to the Board of Regents for the use and benefit of South Dakota State University.

Source: SL 2016, ch 97, § 3.
S.D. Codified Laws § 13-53-55 — SD Code / Title 13 / Chapter 53 / Section 13-53-55
State resources prohibited--Obscene live conduct
Status: in_force

The Board of Regents and any institution under its control may not:

(1) Authorize the use of any state-owned facility or property to develop, implement, facilitate, host, or promote any obscene live conduct; or

(2) Expend any public moneys in support of obscene live conduct.

For purposes of this section, the term "obscene live conduct" has the meaning given in § 22-24-27 .

Source: SL 2024, ch 62, § 1.
S.D. Codified Laws § 13-39-42 — SD Code / Title 13 / Chapter 39 / Section 13-39-42
State board examination of plan for multidistrict, career and technical academy--Approval or disapproval
Status: in_force

When the state board receives a proposed plan to establish a multidistrict, career and technical academy, the board shall examine the plan and may conduct hearings to receive evidence pertaining to the proposed multidistrict, career and technical academy. The state board may approve or disapprove the proposed plan.

Source: SL 1973, ch 123, § 4; SL 1975, ch 128, § 259; SL 1982, ch 147, § 38; SL 2009, ch 88, § 3.
S.D. Codified Laws § 13-8-55 — SD Code / Title 13 / Chapter 8 / Section 13-8-55
Membership in associations to enhance state education quality permitted
Status: in_force

Any school administrator of any school district of this state may become a member of an association with school administrators of other school districts of this state, the purpose of which is to enhance the quality of education in the school districts in South Dakota.

Source: SL 2003, ch 94, § 1.
S.D. Codified Laws § 13-56-4 — SD Code / Title 13 / Chapter 56 / Section 13-56-4
Power of minor to contract for student loan
Status: in_force

Any person otherwise qualified for a loan under the provisions of this chapter, shall not be disqualified by reason of his being a minor but shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of full age with respect to the planning for, receiving, and repaying such loan.

Source: SL 1966, ch 210, § 7; SL 1972, ch 154, § 4.
S.D. Codified Laws § 13-17-2 — SD Code / Title 13 / Chapter 17 / Section 13-17-2
Resolution of board authorizing compromise--Contents
Status: in_force

Before any such settlement is made, the same must be authorized by a resolution duly made and passed by such school board and entered of record in the minutes of such board, setting forth the total amount of such judgment, the name of the judgment debtor, and whether or not such compromise settlement is for the whole, or a part of such judgment, the amount of money to be received in such settlement, and that such compromise settlement is, in the opinion of such school board, for the best interests of such school district.

Source: SL 1939, ch 55, § 2; SL 1955, ch 41, ch 10, § 39; SDC Supp 1960, § 15.2239.
S.D. Codified Laws § 13-8-10.1 — SD Code / Title 13 / Chapter 8 / Section 13-8-10.1
Associations of school boards--Majority vote for membership--Annual dues
Status: in_force

The school board of any school district of this state or any board of education governing elementary or secondary education by a majority vote may become a member of an association with other school boards of South Dakota upon payment of the annual dues to the association by the district. All school board members of that district or other body become members of such association for the period covered by the payment of the dues.

Source: SL 1949, ch 68, § 2; SL 1955, ch 41, ch 7, § 9; SDC Supp 1960, § 15.1909; SDCL, § 13-9-2; SL 1969, ch 42, § 1; SL 1976, ch 110, § 1.
S.D. Codified Laws § 13-55-12 — SD Code / Title 13 / Chapter 55 / Section 13-55-12
Visual impairment exemption not applicable to repeat work
Status: in_force

The exemption from charges provided by § 13-55-11 shall not apply where a course is repeated on account of unsatisfactory work unless caused by illness or some other cause for which such student is not responsible.

Source: SL 1939, ch 52, § 1; SL 1957, ch 48; SDC Supp 1960, § 15.07 17-1 .
S.D. Codified Laws § 13-37-2 — SD Code / Title 13 / Chapter 37 / Section 13-37-2
Special education defined--Conformity to approved program where possible
Status: in_force

As used in this chapter, unless the context otherwise requires, "special education" means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall include school instruction conforming as nearly as possible to the school program as defined in accreditation rules under duly qualified special education teachers to the extent that the child in need of special education or special education and related services is capable of profiting.

Source: SL 1955, ch 41, ch 12, § 4; SDC Supp 1960, § 15.3004 (2); SL 1964, ch 44; SL 1966, ch 43; SL 1968, ch 51, § 1 (1); SL 1969, ch 58; SL 1975, ch 128, § 231; SL 1976, ch 121, § 2.
S.D. Codified Laws § 13-64-4 — SD Code / Title 13 / Chapter 64 / Section 13-64-4
School employee right to refuse to carry firearms
Status: in_force

No school board, in implementing the provisions of § 13-64-1 , may arm any individual teacher or other school employee without the latter's free, willing, and voluntary consent. No individual teacher or other school employee may be censured, criticized, or discriminated against for unwillingness or refusal to carry firearms pursuant to this chapter.

Source: SL 2013, ch 93, § 4.
S.D. Codified Laws § 13-43-45 — SD Code / Title 13 / Chapter 43 / Section 13-43-45
Adoption of rules and code of professional ethics--Recommendations to boards
Status: in_force

The Professional Administrators Practices and Standards Commission may adopt rules in accordance with the provisions of chapter 1-26 , to carry out the provisions of §§ 13-43-38 to 13-43-49 , inclusive.

The commission shall adopt a code of professional ethics for the administrator's profession in this state.

The commission may make any recommendation to the South Dakota Board of Education Standards or to school boards which will promote an improvement in the administrator's profession.

Source: SL 1985, ch 139, § 10; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-32-4.3 — SD Code / Title 13 / Chapter 32 / Section 13-32-4.3
Effect of student's suspension or expulsion on enrollment
Status: in_force

If any student is under suspension or expulsion in a school district, the student may not enroll in any school district until the suspension or expulsion has expired. The superintendent or school administrator of any school district may prohibit a student from enrolling in that school district if the student is under suspension or expulsion in a school in another state or in a nonpublic school in this state. Upon receiving a request for a student's permanent school records from the receiving district, the sending school shall provide the receiving district with written notice of any suspension or expulsion.

Source: SL 1996, ch 120, § 2; SL 2000, ch 50, § 4.
S.D. Codified Laws § 13-47-9 — SD Code / Title 13 / Chapter 47 / Section 13-47-9
Gifts and contributions for educational telecommunications
Status: in_force

The board shall have the power and duty to receive gifts and contributions from public and private sources in providing educational telecommunications facilities and programs.

Source: SL 1965, ch 67, § 5 (3).
S.D. Codified Laws § 13-55G-5 — SD Code / Title 13 / Chapter 55G / Section 13-55G-5
Promulgation of rules for implementing grant procedure
Status: in_force

The Department of Education in cooperation with the South Dakota Tribal College Association may promulgate rules, pursuant to chapter 1-26 , to implement §§ 13-55G-1 to 13-55G-4 , inclusive.

Source: SL 1994, ch 2, § 8; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-42-28 — SD Code / Title 13 / Chapter 42 / Section 13-42-28
Board to establish alternative certification program
Status: in_force

The Board of Education Standards shall promulgate rules pursuant to chapter 1-26 establishing an alternative certification program for any person seeking employment as a school administrator who does not currently meet the certification requirements for the position sought. The alternative certification program shall permit satisfaction of certification requirements by passing a certification examination for school administrators selected by the Board of Education Standards. The Board of Education Standards shall establish eligibility requirements for sitting for the certification examination for school administrators and shall identify the passing scores required on such examination.

Source: SL 2003, ch 104, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 133, §§ 1, 6; SL 2004, ch 133, § 7, eff. July 1, 2008; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-3-66 — SD Code / Title 13 / Chapter 3 / Section 13-3-66
Achievement standards established
Status: in_force

Four levels of academic achievement shall be defined, including a proficient level, and shall be known as South Dakota's achievement standards. The four levels shall be used to categorize public schools and public school districts based on the comparison of their achievement levels in mathematics and reading to the state's annual objectives.

Source: SL 2003, ch 90, § 5.
S.D. Codified Laws § 13-64-16 — SD Code / Title 13 / Chapter 64 / Section 13-64-16
Sovereign immunity not waived
Status: in_force

Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees.

Source: SL 2013, ch 93, § 18.
S.D. Codified Laws § 13-37-30 — SD Code / Title 13 / Chapter 37 / Section 13-37-30
Braille literary assessment and educational services for blind students
Status: in_force

In developing an individualized written education program for each blind student the presumption shall be that proficiency in braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each such student shall include a braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this section if, in the course of developing the student's individualized education program, all members of the team concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the student's educational needs. The provision of other appropriate services does not preclude braille use or instruction.

Source: SL 1991, ch 152, § 2.
S.D. Codified Laws § 13-55-64 — SD Code / Title 13 / Chapter 55 / Section 13-55-64
Critical teaching needs scholarship program--Purpose
Status: in_force

There is hereby created the South Dakota critical teaching needs scholarship program. The purpose of the program is to encourage South Dakota's high school graduates to obtain their postsecondary education in South Dakota for teaching, to remain in the state upon completion of their education, and to contribute to the state and its citizens by working in a critical need teaching area.

Source: SL 2013, ch 91, § 1, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-51A-36 — SD Code / Title 13 / Chapter 51A / Section 13-51A-36
Exchange or sale of refunding bonds--Use of proceeds
Status: in_force

Refunding bonds issued pursuant to § 13-51A-35 may be exchanged for not less than an equal principal amount of bonds to be refunded or may be sold at not less than par, or may be exchanged in part and sold in part. All proceeds received at the sale thereof (excepting the accrued interest received) shall be used:

(1) If the bonds to be refunded are then due, for the payment thereof;

(2) If the bonds to be refunded are voluntarily surrendered with the consent of the holder or holders thereof, for the payment thereof;

(3) If the bonds to be refunded are then subject to prior redemption by their terms, for the redemption thereof;

(4) If the bonds to be refunded are not then subject to payment or redemption, to purchase direct obligations of the United States of America so long as such obligations will mature at such time or times, with interest thereon or the proceeds received therefrom, to provide funds adequate to pay when due or called for redemption prior to maturity the bonds to be refunded, together with the interest accrued thereon and any redemption premium due thereon, and such proceeds or obligations of the United States of America shall, with all other funds legally available for such purpose, be deposited in escrow with a banking corporation, or national banking association, located in and doing business in the State of South Dakota, with power to accept and execute trusts, or any successor thereto, which is also a member of the Federal Deposit Insurance Corporation and of the Federal Reserve System, to be held in an irrevocable trust solely for and until the payment and redemption of the bonds so to be refunded, and any balance remaining in said escrow after the payment and retirement of the bonds to be refunded shall be returned to said board to be used and held for use as revenues pledged for the payment of said refunding bonds; or

(5) For any combination thereof.

Source: SL 1971, ch 134, § 4 (C).
S.D. Codified Laws § 13-39A-43 — SD Code / Title 13 / Chapter 39A / Section 13-39A-43
Restrictions on lawful weapons prohibited
Status: in_force

Except as otherwise provided in § 13-39A-44 , neither the South Dakota Board of Technical Education nor any institution under the control of the board may restrict or limit the lawful carrying, possession, storage, or transportation of:

(1) A concealed pistol, as defined in § 22-1-2 , and compatible ammunition, by any individual holding an enhanced permit, a restricted enhanced permit, or a reciprocal permit in accordance with chapter 23-7 , within the boundaries of the institution, or while in any building or structure owned or leased by the board or the institution;

(2) A stun gun, as defined in § 22-1-2 , by any individual within the boundaries of the institution, or while in any building or structure owned or leased by the board or the institution; or

(3) Mace, pepper spray, or other chemical irritant by any individual within the boundaries of the institution, or while in any building or structure owned or leased by the board or the institution.

Source: SL 2025, ch 86, § 1.
S.D. Codified Laws § 13-7-11 — SD Code / Title 13 / Chapter 7 / Section 13-7-11
Voting precincts and polling places
Status: in_force

The number and place of voting precincts shall be determined by the school board.

Source: SDC 1939, § 15.2513; SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1975, ch 128, § 38.
S.D. Codified Laws § 13-55-31.2 — SD Code / Title 13 / Chapter 55 / Section 13-55-31.2
Alternative testing requirements for opportunity scholarship eligibility
Status: in_force

Any student who does not meet the high school course requirements as provided in subdivision 13-55-31(3) is eligible for the opportunity scholarship program if:

(1) The student takes theACT and earns a composite score or superscore of twenty-eight or higher and achieves ACT college readiness benchmark scores equaling or exceeding eighteen for English, twenty-one for reading, twenty-two for math, and twenty-four for science; or

(2) The student takes the SAT and earns a verbal-mathematics score of twelve hundred fifty or higher, while also attaining sufficiently high markers in reading, writing, mathematics, and science as not to require remediation in any of those areas.

Source: SL 2010, ch 103, § 1, eff. July 1, 2013; SL 2020, ch 66, § 2.
S.D. Codified Laws § 13-26-4 — SD Code / Title 13 / Chapter 26 / Section 13-26-4
Teacher-parent conferences counted as hours in session
Status: in_force

A school may have teacher - parent conferences during the school year and not more than 16.5 hours may be counted as hours in session.

Source: SDC Supp 1960, § 15.3009 as added by SL 1967, ch 44; SL 1973, ch 94; SL 1975, ch 128, § 167; SL 1985, ch 129, § 2; SL 1986, ch 122, §§ 1, 4; SL 2003, ch 99, § 1.
S.D. Codified Laws § 13-26-13 — SD Code / Title 13 / Chapter 26 / Section 13-26-13
Time of election
Status: in_force

The election shall be held with the regular school district election.

Source: SL 1993, ch 133, § 6.
S.D. Codified Laws § 13-55-67 — SD Code / Title 13 / Chapter 55 / Section 13-55-67
Eligible postsecondary institutions
Status: in_force

All accredited South Dakota public and nonpublic postsecondary institutions which offer a baccalaureate degree in elementary or secondary education are eligible to participate in the scholarship program. Each institution may choose whether to participate in the program and may limit the number of scholarship recipients the institution will accept in each academic year.

Source: SL 2013, ch 91, § 4, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-39A-2 — SD Code / Title 13 / Chapter 39A / Section 13-39A-2
South Dakota Board of Technical Education--Creation
Status: in_force

There is hereby created the South Dakota Board of Technical Education. The oversight of the technical college system is vested in the board. The board shall consist of nine members. Four members shall be selected by the Governor from persons recommended by each of the technical colleges. Each of the four technical colleges shall submit to the Governor a list of not fewer than four persons, from which the Governor shall select one person. Each list shall be submitted no fewer than thirty days before the appointment is to be made. The Governor may reject the entire list and require a technical college to submit a new list. The Governor shall appoint the remaining board members to represent different geographic regions of the state and to reflect the industries that rely upon the technical colleges to provide a skilled workforce. All members shall be appointed with the advice and consent of the Senate.

Source: SL 2017, ch 81, § 2; SL 2020, ch 61, § 2.
S.D. Codified Laws § 13-7-12 — SD Code / Title 13 / Chapter 7 / Section 13-7-12
Precinct superintendents and precinct deputies of school elections--Compensation
Status: in_force

Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the school board. Members of school boards may serve on election boards.

Each precinct superintendent and precinct deputy other than members of school boards shall receive compensation as shall be fixed by the school board and paid from the district treasury.

Source: SDC 1939, §§ 15.2309, 15.2513; SL 1945, ch 55, § 1; SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1975, ch 128, § 39; SL 1999, ch 69, § 54.
S.D. Codified Laws § 13-18-15 — SD Code / Title 13 / Chapter 18 / Section 13-18-15
Payment of check or warrant despite cancellation provisions
Status: in_force

Notwithstanding any provision for cancellation of checks or warrants, the school board shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof within a period of six years from date of issue thereof and may direct payment of checks or warrants more than six years from date of issue thereof.

Source: SL 1976, ch 75, § 6.
S.D. Codified Laws § 13-47-15 — SD Code / Title 13 / Chapter 47 / Section 13-47-15
Establishment of general policy for educational telecommunications
Status: in_force

The board shall have the power and duty, after taking into consideration the needs of the entire state, to establish general policies relating to the nature and character of educational telecommunications broadcasts.

Source: SL 1965, ch 67, § 5 (8).
S.D. Codified Laws § 13-58-11.1 — SD Code / Title 13 / Chapter 58 / Section 13-58-11.1
Agricultural experiment stations--Assent to federal act--Acceptance of grants
Status: in_force

In conformity to an act of Congress approved February 24, 1925, and entitled "An Act to authorize the more complete endowment of Agricultural Experiment Stations, and for other purposes" the assent of the Legislature of the State of South Dakota is hereby given to all the provisions of said act, and the grants of money therein made are accepted by the State of South Dakota upon the terms and conditions named in said act.

Source: SDC 1939, § 4.0505; SDCL, § 38-2-1.
S.D. Codified Laws § 13-43-55.1 — SD Code / Title 13 / Chapter 43 / Section 13-43-55.1
Mentor teacher program created--Promulgation of rules--Participation in program
Status: in_force

There is hereby created a program to provide for the mentoring of teachers new to the profession in South Dakota school districts. The program shall provide a new teacher access to a mentor teacher for a period of two years and participation in a summer workshop program following the first year of employment. The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26 , to establish duties and qualifications for teachers to be designated as mentor teachers. Participation in the program is discretionary with each school district according to a mentor teacher plan adopted by the school board for the school district.

Source: SL 2002, ch 80, § 1; SL 2016, ch 80, § 5; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-51A-33 — SD Code / Title 13 / Chapter 51A / Section 13-51A-33
Power to issue refunding bonds for matured obligations
Status: in_force

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

(1) To refund unpaid matured bonds;

(2) To refund unpaid matured coupons evidencing interest upon its unpaid matured bonds; and

(3) To refund interest at the coupon rate upon its unpaid matured bonds that has accrued since the maturity of those bonds.

Source: SL 1971, ch 134, § 4 (B).
S.D. Codified Laws § 13-16-11 — SD Code / Title 13 / Chapter 16 / Section 13-16-11
Levy of annual tax for school district bonds--Reduction on accumulation of surplus in bond redemption fund
Status: in_force

The county auditor shall have the power and the duty to levy a tax from year to year against the property of the district in accordance with such resolution to meet said bond redemption fund payments when due without further notice or demand from such school district, provided, however, that if a surplus in the bond redemption fund exceeds the principal and interest requirements for one year in addition to such requirements for the current year, the school board may by resolution, determine the amount of such surplus and certify said amount to the county auditor on or before September first and the county auditor shall thereupon be authorized to reduce the required levy for the bond redemption fund to be spread upon the tax list for collection in the following year by the amount so certified.

Source: SDC 1939, § 15.2208; SL 1955, ch 41, ch 10, § 4; SDC Supp 1960, § 15.2204; SL 1963, ch 75, § 1; SL 1965, ch 47.
S.D. Codified Laws § 13-54-6 — SD Code / Title 13 / Chapter 54 / Section 13-54-6
Farmers' institutes provided by Board of Regents
Status: in_force

The Board of Regents is authorized to encourage and provide for farmers' institutes to be conducted by members of the faculty of South Dakota State University, or by anyone else designated by such board.

Source: SDC 1939, § 15.0720.
S.D. Codified Laws § 13-6-3.3 — SD Code / Title 13 / Chapter 6 / Section 13-6-3.3
Public officials to make available information from public records
Status: in_force

Upon request, state, county, and school district officials shall make available to the members of planning committees and other school boards and the secretary of the Department of Education such information from public records in their possession as is essential to them in the performance of their duties as set forth in this chapter.

Source: SL 1955, ch 41, ch 8, § 7; SL 1957, ch 61; SL 1959, ch 61, § 1; SDC Supp 1960, § 15.2007 (6); SDCL, § 13-6-25 ; SL 1973, ch 85, § 15; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-6-77 — SD Code / Title 13 / Chapter 6 / Section 13-6-77
Valuation by county commissioners of school property and debt--Adjustments--Joint county action
Status: in_force

The board of county commissioners of the county having jurisdiction over the school district shall have the power and duty to determine the value and the amount of all school owned property, cash assets, and all bonded and other indebtedness of each existing school district affected by a change in district boundaries resulting from any form of school district reorganization. The board of county commissioners of the county having jurisdiction over the school district entity created or to which territory has been annexed shall, after the change takes effect, order any equitable adjustment as deemed necessary. If the adjustment requires a transfer of school district owned property, assets, or liabilities from a school district under the jurisdiction of one county to a school district under the jurisdiction of another county, the order directing the transfer of such property and the adjustment of such assets and liabilities shall be approved by the board of county commissioners of both counties and signed by their respective chairmen.

Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1973, ch 85, § 30.
S.D. Codified Laws § 13-3-56.2 — SD Code / Title 13 / Chapter 3 / Section 13-3-56.2
Report of investigation--Consequences of a determination of cheating
Status: in_force

Following the investigation, the superintendent shall report the results of the investigation to the secretary of the Department of Education. Upon receiving the report, the secretary shall determine whether the alleged cheating occurred and, if so, if it was severe enough to affect the results of the achievement test. If the secretary finds that the cheating did occur, the affected score sheets may not count and shall be discarded. The secretary shall also determine if the cheating was severe enough to affect the school's adequate yearly progress under the terms of the state accountability system established pursuant to § 13-3-62 . If the cheating was severe enough to affect the school's adequate yearly progress, the secretary may determine that the school does not meet adequate yearly progress for that school year. The decision of the secretary regarding adequate yearly progress may be appealed to the South Dakota Board of Education Standards.

Source: SL 2007, ch 85, § 2; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-39-48 — SD Code / Title 13 / Chapter 39 / Section 13-39-48
Meetings of center board--Annual election of officers
Status: in_force

The director shall call and conduct the initial organizational meeting of a center board. A center board shall meet at least monthly. At each July meeting, the center board shall select officers for the current school year.

Source: SL 1973, ch 123, § 12; SL 1982, ch 147, § 42.
S.D. Codified Laws § 13-28-37 — SD Code / Title 13 / Chapter 28 / Section 13-28-37
High school student postsecondary course enrollment--Dual credit--Eligibility
Status: in_force

Any student in grades nine, ten, eleven, or twelve may apply to an institution of higher education or a technical college as a special student in a course or courses offered at the institution of higher education or technical college. The institution of higher education or technical college shall set admission standards and tuition rates. The student shall obtain the school district's approval of the postsecondary course prior to enrolling. If the student is enrolled in a nonpublic school or a tribal school, the student must obtain approval of the postsecondary course from the nonpublic school or the tribal school prior to enrolling, and if the student is receiving alternative instruction pursuant to § 13-27-3 , the student must obtain approval of the postsecondary course prior to enrolling from the provider of the alternative instruction. If approved, the student must receive full credit toward high school graduation as well as postsecondary credit for each postsecondary course. The school district shall record each course under this section on the student's transcript and shall use each course score to calculate academic standing.

If a failing final course grade is received in a postsecondary course under this section, the student receiving the failure is no longer eligible to enroll for postsecondary courses under this section absent a showing of good cause.

Source: SL 1990, ch 122, § 5; SL 1996, ch 119; SL 2003, ch 100, § 1; SL 2014, ch 86, § 1; SL 2015, ch 92, § 1; SL 2018, ch 96, § 1; SL 2020, ch 61, § 40; SL 2023, ch 57, § 1; SL 2024, ch 55, § 1.
S.D. Codified Laws § 13-37-56 — SD Code / Title 13 / Chapter 37 / Section 13-37-56
Approval for early intervening services
Status: in_force

A school district seeking to use funds pursuant to § 13-37-55 shall apply for approval for the use of such funds from the Department of Education on forms provided by the department.

Source: SL 2013, ch 79, § 2.
S.D. Codified Laws § 13-20-9 — SD Code / Title 13 / Chapter 20 / Section 13-20-9
Employment of superintendent to oversee construction and remodeling contracts--Acceptance and payment deferred until completion
Status: in_force

In case of the remodeling or erection of any facility, or addition thereto, the school board of the district shall be authorized to employ a competent person on behalf of the district to superintend such construction or remodeling and it shall be the duty of the contractor to contract or remodel such facility strictly in conformity to the plans approved therefor, and the requirements of the specifications as to the kind and quality of materials and labor, and it shall be the duty of such building superintendent to require full compliance on the part of such contractor therewith. The school board shall in no case finally accept any new facility or the remodeling of any facility unless or until full compliance on the part of the contractor with the provisions hereof has been made, and it shall not make payment to such contractor of the retained percentages or of the final payment on such contract until the same is accepted.

Source: SDC 1939, § 15.2105; SL 1955, ch 41, ch 11, § 11; SDC Supp 1960, § 15.2111; SL 1975, ch 128, § 136.
S.D. Codified Laws § 13-53-26 — SD Code / Title 13 / Chapter 53 / Section 13-53-26
Twelve months of residency must immediately precede first day of classes
Status: in_force

A person shall be classified as a resident student if the person has continuously resided in South Dakota for at least twelve consecutive months immediately preceding the first scheduled day of classes of the semester or other session in which the individual registers in the regental system; subject to the exception in § 13-53-29 .

Source: SL 1996, ch 130, § 4.
S.D. Codified Laws § 13-42-5.1 — SD Code / Title 13 / Chapter 42 / Section 13-42-5.1
Use of institute funds--Vouchers and warrants
Status: in_force

The state institute fund shall be used for the purpose of writing and publishing bulletins, accreditation rules, and materials essential to the school systems of this state, and to support activities related to school accreditation and teacher training and retention, and as otherwise may be provided by law; and the state institute fund is hereby appropriated for such purposes and shall be paid out upon warrants drawn by the state auditor on duly itemized vouchers approved by the secretary of the Department of Education.

Source: SDC 1939, § 15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, § 4; SDC Supp 1960, § 15.3804; SDCL § 13-44-5; § 13-42-5 , as added by SL 1973, ch 93, § 2; SL 1975, ch 128, § 297; SL 2003, ch 272, § 63; SL 2007, ch 107, § 1; SL 2021, ch 73, § 17.
S.D. Codified Laws § 13-53-36 — SD Code / Title 13 / Chapter 53 / Section 13-53-36
Burden of proof in claim to resident student status
Status: in_force

The Board of Regents shall classify each student as resident or nonresident and may require proof of all relevant facts. The burden of proof is upon the student making a claim to a resident student status.

Source: SL 1996, ch 130, § 14.
S.D. Codified Laws § 13-55-9.2 — SD Code / Title 13 / Chapter 55 / Section 13-55-9.2
Free tuition and fees to dependents
Status: in_force

Any dependent of a prisoner of war or a person missing in action, upon his being duly accepted for enrollment into any state supported institution of higher education or state supported technical or vocational school, shall be entitled to eight semesters or twelve quarters, free of tuition and mandatory fees, other than subsistence expenses, for either full or part - time study, for so long as he is eligible.

Source: SL 1973, ch 108, § 2.
S.D. Codified Laws § 13-28-22 — SD Code / Title 13 / Chapter 28 / Section 13-28-22
Tuition charged for students not entitled to free school privileges of district
Status: in_force

All nursery, kindergarten, elementary, and secondary students not entitled to the free school privileges of the district wherein they are enrolled may be charged tuition.

Source: SL 1955, ch 41, § 4; SDC Supp 1960, § 15.3304; SL 1996, ch 110, § 4; SL 1997, ch 98, § 17; SL 1998, ch 93, § 1.
S.D. Codified Laws § 13-33A-6 — SD Code / Title 13 / Chapter 33A / Section 13-33A-6
Epinephrine--Administering
Status: in_force

Any school nurse or other designated school personnel, upon authorization by the governing school body, may:

(1) Administer an epinephrine auto-injector or nasal spray to a student in accordance with a prescription specific to the student on file with the school;

(2) Administer an epinephrine auto-injector or nasal spray to any student during school hours if the school nurse or designated school personnel believe that the student is experiencing anaphylaxis in accordance with a standing protocol from an authorized health care provider, regardless of whether a student has a prescription for an epinephrine auto-injector or nasal spray or has been diagnosed with an allergy.

Source: SL 2014, ch 89, § 3; SL 2026, ch 83, § 3.
S.D. Codified Laws § 13-47-13 — SD Code / Title 13 / Chapter 47 / Section 13-47-13
Contracting for interconnecting channel service
Status: in_force

The board shall have the power and duty to contract with qualified companies to provide interconnecting channels between broadcasting towers unless it is first determined by the board that state - owned interconnecting channels can be constructed and operated that would furnish a comparable quality of service at a cost to the state that would be less than if such channels were provided by qualified companies.

Source: SL 1965, ch 67, § 5 (6).
S.D. Codified Laws § 13-51A-14 — SD Code / Title 13 / Chapter 51A / Section 13-51A-14
Terms of bonds
Status: in_force

The bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times not exceeding fifty years from the respective dates thereof, may mature in such amount or amounts, may bear interest at such rate or rates as shall be determined by the board and without regard to any interest rate limitation appearing in any other law, which such interest shall be payable semiannually, may be in such form, either coupon or registered as to principal only or as to both principal and interest, may carry such registration privileges (including the conversion of a fully registered bond to a coupon bond or bonds and the conversion of a coupon bond to a fully registered bond), may be executed in such manner, may be made payable in such medium of payment, at such place or places within or without the state, may be subject to such terms of redemption prior to their expressed maturity, with or without premium, as such resolution or other resolutions may provide.

Source: SL 1971, ch 134, § 4 (A).
S.D. Codified Laws § 13-6-30 — SD Code / Title 13 / Chapter 6 / Section 13-6-30
Annexed territory to remain with original school district--Exception
Status: in_force

Notwithstanding the provision of § 13-6-7 , if the territory sought to be annexed by the municipality is part of another school district, such territory shall remain a part of the school district in which the territory is located at the time of annexation unless the boundary of the school district from which the territory is taken is changed according to the provisions of §§ 13-6-84 , 13-6-84.1 and 13-6-86 , to 13-6-88 , inclusive.

Source: SDC 1939, § 15.2502; SL 1951, ch 60; SL 1955, ch 41, ch 8, § 23; SL 1959, ch 62; SDC Supp 1960, § 15.2020; SL 1974, ch 127; SL 1987, ch 127; SL 1992, ch 60, § 2.
S.D. Codified Laws § 13-28-19.3 — SD Code / Title 13 / Chapter 28 / Section 13-28-19.3
Assignment to alternative setting--Reporting
Status: in_force

On or before the second Friday of June of each year, the board of a school district shall report to the Department of Education, on the form prescribed by the department, the students who were assigned to receive instruction in an alternative setting during the school year.

The department may disclose information contained in the report only if the data has been:

(1) Anonymized; and

(2) Aggregated with the data reported by all other school districts.

Source: SL 2026, ch 81, § 2.
S.D. Codified Laws § 13-3-51.4 — SD Code / Title 13 / Chapter 3 / Section 13-3-51.4
Department to develop security measures to protect personally identifiable information
Status: in_force

Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collection, maintenance, or disclosure of education records by the department shall comply with privacy protection laws in all respects.

Source: SL 2014, ch 76, § 5.
S.D. Codified Laws § 13-23-2 — SD Code / Title 13 / Chapter 23 / Section 13-23-2
Power of district voters to direct establishment or discontinuance of attendance center
Status: in_force

The voters of the school district shall have the power to direct the school board to either establish or discontinue an attendance center by holding a special election as provided in § 13-23-3 , but the voters are limited in their power as the school board is limited by law in providing educational opportunities.

Source: SL 1955, ch 41, ch 12, § 16; SDC Supp 1960, § 15.3016; SL 1975, ch 128, § 148.
S.D. Codified Laws § 13-14-15 — SD Code / Title 13 / Chapter 14 / Section 13-14-15
Classroom innovation grant program
Status: in_force

There is hereby established in the Department of Education a classroom innovation grant program. The purpose of the grant program is to provide funding for developing teacher training and classroom access to virtual education and customized learning tools and to expand course offerings, enhance recruitment, and increase retention of qualified instructors and facilitators through the Center for Statewide E-learning at Northern State University.

Source: SL 2013, ch 74, § 1; SL 2016, ch 80, § 3.
S.D. Codified Laws § 13-64-9 — SD Code / Title 13 / Chapter 64 / Section 13-64-9
Contents of petition
Status: in_force

The petition shall contain the school board decision regarding the school sentinel program and the date of its passage.

Source: SL 2013, ch 93, § 11.
S.D. Codified Laws § 13-15-1.4 — SD Code / Title 13 / Chapter 15 / Section 13-15-1.4
Shared employee services grant program
Status: in_force

There is hereby established in the Department of Education a shared employee services grant program. The purpose of the grant program is to provide an incentive for school districts to share an employee pursuant to § 13-15-1.1 . The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26 , regarding the application process and timelines, the guidelines and criteria for eligibility and approval of applications, and the distribution of funds from the shared employee services grant program, not to exceed the amount appropriated by the Legislature for this program.

Source: SL 2016, ch 80, § 2; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-53-30 — SD Code / Title 13 / Chapter 53 / Section 13-53-30
Reclassification of residence status upon removal of parents' residence
Status: in_force

If it appears that the parents of a person properly classified as a resident student under the provisions of § 13-53-29 have removed their residence from South Dakota, the person shall be reclassified to the status of nonresident unless the parents have been residents for the twelve months immediately preceding such removal. However, no such reclassification is effective until the beginning of a semester next following the removal.

Source: SL 1996, ch 130, § 8.
S.D. Codified Laws § 13-3-100 — SD Code / Title 13 / Chapter 3 / Section 13-3-100
Prenatal human development--Required instruction--Prohibited materials
Status: in_force

The age-appropriate, research-based, instruction in prenatal human growth and development required under § 13-3-98 may not include any book, article, outline, handout, video, or other material produced or provided by an entity that:

(1) Performs abortions;

(2) Promotes abortion;

(3) Contracts or subcontracts with an entity that performs abortions or promotes abortion;

(4) Becomes or continues to be affiliated with an entity that performs abortions or promotes abortions; or

(5) Regularly makes referrals to an entity that provides abortions or promotes abortion.

Source: SL 2026, ch 77, § 3.
S.D. Codified Laws § 13-55-63 — SD Code / Title 13 / Chapter 55 / Section 13-55-63
Annual report to Governor and Legislature on Teach for America grant program
Status: in_force

For each fiscal year of the grant program established in § 13-55-62 , the secretary of education shall submit a report to the Governor and to the Legislature that provides the following information:

(1) The amount of grant program funds provided to Teach for America for that fiscal year;

(2) The amount of matching funds provided to Teach for America for that fiscal year from private contributors;

(3) The progress of Teach for America's expansion efforts in South Dakota, including the number of teachers placed and the number of students impacted; and

(4) The results that Teach for America is achieving in the state in closing the achievement gap, providing enhanced educational opportunities, preparing students for higher education, and in meeting any other goals established by the organization.

Source: SL 2012, ch 103, § 2, eff. June 20, 2012.
S.D. Codified Laws § 13-13-73.1 — SD Code / Title 13 / Chapter 13 / Section 13-13-73.1
Real property valuation of manufactured homes to be excluded from calculation
Status: in_force

The Department of Revenue shall exclude the real property valuation of manufactured homes, considered as real estate pursuant to § 10-4-2.4 , and manufactured homes, converted to real estate after July 1, 1999, when computing local effort pursuant to §§ 13-13-10.1 and 13-37-35.1 for the purpose of the state aid to education formula. The county auditor shall also exclude such real estate value when computing the tax levy for school purposes. However, such manufactured homes shall continue to be subject to each tax levy.

Source: SL 1999, ch 83, § 1; SL 2004, ch 17, § 11; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 13-33A-11 — SD Code / Title 13 / Chapter 33A / Section 13-33A-11
Immunity from liability for injuries or damage associated with administration of opioid antagonists
Status: in_force

No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any injury or related damage that results from the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes, ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an opioid antagonist does not constitute the practice of medicine. The immunity provided under this section is in addition to, and not in lieu of, any other immunity provided by law.

Source: SL 2019, ch 84, § 3, eff. Mar. 11, 2019.
S.D. Codified Laws § 13-28A-6 — SD Code / Title 13 / Chapter 28A / Section 13-28A-6
Additional terms relating to special education and related services
Status: in_force

Any agreement entered into pursuant to this chapter may specify additional terms relating to any student in need of special education or special education and related services pursuant to chapter 13-37 .

Source: SL 2005, ch 102, § 6.
S.D. Codified Laws § 13-11-9 — SD Code / Title 13 / Chapter 11 / Section 13-11-9
Levy of district sending students to another district
Status: in_force

For any school district that is sending its students to an adjoining school district pursuant to § 13-15-1.3 , the county auditor shall spread a levy over the taxable property of the sending school district sufficient to raise the sending school district's tax levy per one thousand dollars of taxable valuation up to the weighted average tax levy per one thousand dollars of taxable valuation of the receiving school districts. The weighted average tax levy shall be calculated pursuant to § 13-11-10 . This section does not apply to a school district that operates a secondary school or to a school district that does not receive or accept state aid pursuant to chapter 13-13 , or enters into contractual agreements pursuant to § 13-15-11 .

Source: SL 1991, ch 137, § 2; SL 1992, ch 117, § 1; SL 1998, ch. 85, § 1; SL 1998, ch 89, § 6.
S.D. Codified Laws § 13-3-91 — SD Code / Title 13 / Chapter 3 / Section 13-3-91
Cardiopulmonary resuscitation skills to be included in school curriculum
Status: in_force

The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.

Source: SL 2014, ch 79, § 1; SL 2017, ch 75, § 1.
S.D. Codified Laws § 13-42-19 — SD Code / Title 13 / Chapter 42 / Section 13-42-19
Secretary as "designated state official"
Status: in_force

The "designated state official" for this state shall be the secretary of the Department of Education. Such state official shall enter into contracts pursuant to Article II of the agreement.

Source: SL 1969, ch 63, § 2; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-6-1.1 — SD Code / Title 13 / Chapter 6 / Section 13-6-1.1
Validation of past reorganization proceedings--Disputed proceedings excepted
Status: in_force

All proceedings for the reorganization of school districts prior to July 1, 1992, are hereby declared legal and valid, notwithstanding any irregularity or defect, other than a constitutional defect, in the reorganization or creation of such school districts. However, the validation does not apply to acts and proceedings which were, on July 1, 1993, in dispute and pending as litigation in courts of competent jurisdiction pursuant to the provisions of this chapter. The validation does not apply to any decision, order, or directive if the time for appeal had not expired on July 1, 1993, and an appeal is perfected.

Source: SL 1963, ch 473, §§ 1, 3; SL 1967, ch 40, § 2; SDCL, §§ 13-6-37 , 13-6-90; SL 1973, ch 85, § 16; SL 1975, ch 128, § 28; SL 1977, ch 115, § 1; SL 1996, ch 101.
S.D. Codified Laws § 13-53-20 — SD Code / Title 13 / Chapter 53 / Section 13-53-20
Examination of vouchers and claims by state auditor--Issuance and transmittal of warrant
Status: in_force

Whenever a properly authenticated voucher approved by the Board of Regents, or officer or employee with unrevoked delegated authority under § 13-53-19 , is presented to the state auditor, it shall be his duty to audit and adjust the same, and, for the sums which shall be found due from the state, issue a warrant on the state treasury payable to the person entitled thereto, and transmit same to the payee thereof, or as he may request, or to the said board or the proper state institution, as the case may require.

Source: SDC 1939, § 15.0724; SL 1955, ch 40.
S.D. Codified Laws § 13-8-36.1 — SD Code / Title 13 / Chapter 8 / Section 13-8-36.1
Publication rates paid by school boards
Status: in_force

School boards shall pay for publishing proceedings required by § 13-8-35 at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in §§ 17-2-19 and 17-2-20 .

Source: SL 1996, ch 104.
S.D. Codified Laws § 13-6-49 — SD Code / Title 13 / Chapter 6 / Section 13-6-49
Reconsideration of rejected plan
Status: in_force

If the voters of a school district voting upon a school district reorganization plan failed to approve the plan, the school board of the district may call a special election within one year from the date of the previous election for the purpose of reconsidering the plan. The school board shall call the election if a petition signed by twenty percent of the voters residing within the district is presented to the business manager of the district requesting reconsideration of the plan. The results of this election shall be transmitted to the secretary of the Department of Education as provided in § 13-6-45 and he shall proceed as provided by law. No election may be called under this section if a different plan has been approved pursuant to § 13-6-17 .

Source: SDCL, § 13-6-49 as enacted by SL 1973, ch 85, § 22; SL 1991, ch 143, § 2; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-28-42.1 — SD Code / Title 13 / Chapter 28 / Section 13-28-42.1
Transfer of special education students--Nonresident district's responsibilities
Status: in_force

Notwithstanding the provisions of §§ 13-28-44 and 13-37-8.4 , a request to transfer a student in need of special education or special education and related services may be granted only if the nonresident district:

(1) Upon receipt of an open enrollment application, obtains copies of all relevant student education records on the student applying to open enroll from the resident district;

(2) Completes a review of those relevant student education records; and

(3) Directly communicates with the student's parent or guardian and representatives of the resident district regarding the student's special education or special education and related services needs.

If the nonresident district confirms, based upon the records review and communications with the student's parent or guardian and representatives of the nonresident district, that it can provide an appropriate instructional program and facilities, including transportation, if necessary, to meet the needs of the student, it may proceed under the provisions of § 13-28-43 . If the nonresident district is not able to make that confirmation, the nonresident district shall initiate an individual education program team meeting consisting of representatives from both the resident and nonresident districts to determine whether the nonresident district can provide an appropriate instructional program, facilities, and transportation, if necessary.

A request to transfer a student in need of special education or special education and related services may be denied only pursuant to § 13-28-44 or if an individual education program team consisting of representatives from the resident and nonresident districts determines that the nonresident district cannot provide an appropriate instructional program and facilities, including transportation, to meet the student's needs. Notwithstanding the provisions of §§ 13-37-1.3 and 13-37-8.4 , if the request to transfer is granted, the nonresident district is responsible for the provision of a free appropriate public education for the student in need of special education or special education and related services. Notwithstanding the provisions of § 13-28-45 , the nonresident district shall also determine whether the student in need of special education requires transportation as a related service. If so, the nonresident district shall provide or ensure the provision of transportation within the boundaries of the attendance center to which the student is assigned.

If a parent or guardian of a student in need of special education or special education and related services requests to transfer the student back to the resident district, the provisions of § 13-28-43 apply.

Source: SL 2000, ch 84, § 2; SL 2004, ch 130, § 1.
S.D. Codified Laws § 13-25-15 — SD Code / Title 13 / Chapter 25 / Section 13-25-15
International codes as basis for new construction
Status: in_force

For new construction after July 1, 2016, any rules adopted by the Department of Public Safety shall use as a basis for their development the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards which may be modified, amended, or deleted if the secretary finds that strict application of the code is impractical and, furthermore, that the modification is in conformity with the intent and purpose of the code or standards.

Source: SL 1991, ch 139, § 12A; SL 2006, ch 185, § 4; SL 2010, ch 177, § 2; SL 2016, ch 181, § 1.
S.D. Codified Laws § 13-55-22 — SD Code / Title 13 / Chapter 55 / Section 13-55-22
Free tuition for survivors of certain firefighters, certified law enforcement officers and emergency medical technicians
Status: in_force

If a firefighter or certified law enforcement officer or an emergency medical technician dies as a direct result of injuries received in performance of official duties, the survivor, upon being duly accepted for enrollment into any state - supported institution of higher education or state - supported technical or vocational school, shall be allowed to obtain a bachelor's degree or vocational degree for so long as the survivor is eligible, free of any tuition. However, the bachelor's degree or vocational degree shall be earned within a thirty - six month or eight - semester period or its equivalent.

Source: SL 1988, ch 160, § 2; SL 1991, ch 159, § 2.
S.D. Codified Laws § 13-19-6 — SD Code / Title 13 / Chapter 19 / Section 13-19-6
Cash receipts devoted to retirement of warrants and notes when note outstanding
Status: in_force

When a promissory note authorized by § 13-19-1 has been issued and not paid in full upon the maturity thereof, then thereafter, no cash receipts, from the collection of taxes or from the collection of tuition charges, shall be expended for any purpose except the retirement of principal and interest of registered warrants and promissory notes outstanding against the fund into which said revenue has been received, until all of said registered warrants and promissory notes shall have been retired.

Source: SL 1955, ch 41, ch 10, § 16; SDC Supp 1960, § 15.2216 (3); SL 1965, ch 48; SL 1985, ch 127, § 3.
S.D. Codified Laws § 13-39-41 — SD Code / Title 13 / Chapter 39 / Section 13-39-41
Submission of plan for multidistrict, career and technical academy--Compliance with state plan and rules
Status: in_force

The school boards of two or more school districts may submit to the South Dakota Board of Education Standards a proposed plan to establish a multidistrict, career and technical academy. The proposal shall be consistent with the state plan for career and technical education and shall meet the rules as promulgated by the state board pursuant to chapter 1-26 .

Source: SL 1973, ch 123, § 3; SL 1975, ch 128, § 258; SL 1982, ch 147, § 37; SL 2009, ch 88, § 2; SL 2012, ch 88, § 28; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-39-47 — SD Code / Title 13 / Chapter 39 / Section 13-39-47
Oaths of center board members
Status: in_force

All persons appointed to a center board shall qualify and assume office at the first regular meeting of a center board in July or the first regular meeting of a center board following their appointment by taking and subscribing to the oath as provided for regular school board members.

Source: SL 1973, ch 123, § 10.
S.D. Codified Laws § 13-43-60 — SD Code / Title 13 / Chapter 43 / Section 13-43-60
Certification of health of employee
Status: in_force

If, at any time, there is reasonable cause to believe that an employee is suffering from a mental or physical condition that could be detrimental to the health or safety of the employee, any student, or any other employee, the superintendent may require a certification of health. The expense of obtaining such certifications of health shall be borne by the school.

Source: SL 2014, ch 95, § 1.
S.D. Codified Laws § 13-18-18 — SD Code / Title 13 / Chapter 18 / Section 13-18-18
Health insurance flexible spending accounts
Status: in_force

Any health insurance plan or policy provided by a school district for school district officers and employees may include the use of flexible spending accounts, which may include payment or reimbursement through the use of debit cards, direct deposit to financial institutions, by check, or a combination of these.

Source: SL 2013, ch 76, § 1.
S.D. Codified Laws § 13-53-34 — SD Code / Title 13 / Chapter 53 / Section 13-53-34
Factors relevant to change in nonresident status and predominant purpose for physical presence in state
Status: in_force

The following factors are relevant in evaluating a requested change in a student's nonresident status and in evaluating whether the person's physical presence in South Dakota is for the predominant purpose of attending a college, university, or other institution of higher education:

(1) The residence of a student's parents or guardians;

(2) The situs of the source of the student's income;

(3) To whom a student pays taxes, including property taxes;

(4) The state in which a student's automobile is registered;

(5) The state issuing the student's driver's license;

(6) Where the student is registered to vote;

(7) Deleted by SL 2013, ch 89, § 3;

(8) Ownership of property in South Dakota and outside of South Dakota;

(9) The residence claimed by the student on loan application, federal income tax returns, and other documents;

(10) Admission to a licensed profession in South Dakota;

(11) Membership in civic, community, and other organizations in South Dakota or elsewhere; and

(12) The facts and documents pertaining to the person's past and existing status as a student.

The existence of one or more of these factors does not require a finding of resident student status, nor does the nonexistence of one or more require a finding of nonresident student status. All factors shall be considered in combination and resident student status may not result from the doing of acts which are required or routinely done by sojourners in the state or which are merely auxiliary to the fulfillment of educational purposes.

Source: SL 1996, ch 130, § 12; SL 2013, ch 89, § 3.
S.D. Codified Laws § 13-11-3.2 — SD Code / Title 13 / Chapter 11 / Section 13-11-3.2
Amendment of budget to utilize unobligated resources
Status: in_force

Subsequent to final adoption of the budget, the school board, upon adoption of a resolution setting forth the source of funds and the intended purpose for their use, may amend the budget to utilize available unobligated resources.

Source: SL 1975, ch 131, § 1; SL 1977, ch 119, § 2; SL 1982, ch 136.
S.D. Codified Laws § 13-61-2 — SD Code / Title 13 / Chapter 61 / Section 13-61-2
Construction and furnishing of buildings
Status: in_force

The Board of Regents may erect, furnish, and equip the necessary building, or buildings for the South Dakota School for the Blind and the Visually Impaired upon the tract of land acquired for such purposes.

Source: SL 1959, ch 77; SDC Supp 1960, § 55.4001-1; SL 1975, ch 128, § 365; SL 1998, ch 110, § 7.
S.D. Codified Laws § 13-53-53 — SD Code / Title 13 / Chapter 53 / Section 13-53-53
Annual report on intellectual diversity and free exchange of ideas
Status: in_force

On or before December first of each year, the Board of Regents shall prepare and submit to the Governor and each member of the legislature a report that:

(1) Sets forth all actions taken by each institution to promote and ensure intellectual diversity and the free exchange of ideas; and

(2) Describes any events or occurrences that impeded intellectual diversity and the free exchange of ideas.

Source: SL 2019, ch 94, § 5.
S.D. Codified Laws § 13-63-26 — SD Code / Title 13 / Chapter 63 / Section 13-63-26
Identifying information of account holders and beneficiaries confidential
Status: in_force

Any social security numbers, taxpayer identification numbers, addresses, or telephone numbers of account holders and designated beneficiaries that come into the possession of the council are confidential, are not public records, and may not be released by the council except as required by federal law.

Source: SL 2001, ch 97, § 26.
S.D. Codified Laws § 13-42-26 — SD Code / Title 13 / Chapter 42 / Section 13-42-26
Certification by National Board for Professional Teaching Standards--Reimbursement and stipend--Promulgation of rules--No new participants after July 1, 2025
Status: in_force

The Department of Education shall establish a program to reimburse public school teachers for the application and processing fee for the National Board for Professional Teaching Standards certification process. The program may not accept any new people into the program after July 1, 2025. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the teacher successfully completed all certification requirements and was awarded the credential.

In addition to the reimbursement provided pursuant to this section, a teacher who teaches in a public school and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of two thousand dollars per year for five years. The stipend shall be paid as follows:

(1) One thousand dollars from the Department of Education;

(2) One thousand dollars from the school district where the teacher is employed.

Once the first five years is complete, the school district that employs the teacher may opt to continue payments during the period of the next five years. If, during that period, the school district pays the teacher a stipend, the Department of Education shall also pay the teacher a stipend equal to the amount offered by the school district, up to a maximum of one thousand dollars. However, the department is not required to pay a teacher a stipend pursuant to this section during years six to ten unless the school district employing the teacher opts to pay a stipend.

The Board of Education Standards shall adopt rules, pursuant to chapter 1-26 , to establish guidelines necessary to implement the program.

Source: SL 2000, ch 89, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2006, ch 85, § 1; SL 2017, ch 81, § 57; SL 2025, ch 73, § 2.
S.D. Codified Laws § 13-65-10 — SD Code / Title 13 / Chapter 65 / Section 13-65-10
Financial review or audit
Status: in_force

The auditor general may conduct either a financial review or audit of the scholarship granting organization if it possesses evidence of fraud.

Source: SL 2016, ch 102, § 10.
S.D. Codified Laws § 13-49-32 — SD Code / Title 13 / Chapter 49 / Section 13-49-32
Functions of Agricultural Heritage Museum
Status: in_force

The functions of the Agricultural Heritage Museum, located at Brookings, South Dakota, are transferred from the Department of Education to the Board of Regents.

Source: SL 1995, ch 319 (Ex. Ord. 95-3), § 17; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-47-1 — SD Code / Title 13 / Chapter 47 / Section 13-47-1
South Dakota Board of Directors for Educational Telecommunications created--Composition and appointment of members
Status: in_force

There is created the South Dakota Board of Directors for Educational Telecommunications, which shall consist of the commissioner of the Bureau of Information and Technology or an authorized representative, the executive director of the Board of Regents or an authorized representative, a representative of the Bureau of Information and Technology selected by the commissioner, and six others appointed by the Governor. At least one of the appointive members shall be representative of the nonpublic institutions of higher education in the state. The terms of the appointive members of the board shall be for a period of three years, two terms expiring each year. Not more than four of the appointive members may be from the same political party.

Source: SL 1965, ch 67, § 1; SL 1970, ch 107; SL 1976, ch 19, § 7; SL 1978, ch 119, §§ 1, 2; SL 1981, ch 149; SL 1985, ch 133, § 2; SL 1990, ch 446 (Ex. Ord. 90-1), § 17; SL 1994, ch 412 (Ex. Ord. 94-4), § 22; SL 1995, ch 322 (Ex. Ord. 95-6), § 20; SL 2011, ch 74, § 4; SL 2018, ch 12, § 6; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 13-42-67 — SD Code / Title 13 / Chapter 42 / Section 13-42-67
Expedited issuance of teaching certificate for military personnel and spouses--Requirements
Status: in_force

Unless there is cause to refuse to issue the certificate pursuant to §§ 13-42-9 and 13-42-10 , the secretary shall, within thirty days of receiving a completed application, issue a teaching certificate to an applicant whose application has been deemed completed by the Department of Education and:

(1) Who holds in good standing a valid certificate issued by another state or the District of Columbia;

(2) Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and

(3) Who is the subject of a military transfer to South Dakota.

An application is considered complete once the department has received all required documentation necessary to process the application. No applicant for a certificate issued pursuant to this section is required to pay an application fee or any other fee payable to the department.

If the secretary denies the issuance of a certificate to an applicant pursuant to this section, the secretary shall report the denial and the reasons for the denial to the Department of Labor and Regulation.

Source: SL 2013, ch 170, § 6; SL 2019, ch 167, § 7; SL 2022, ch 44, § 2.
S.D. Codified Laws § 13-57-4 — SD Code / Title 13 / Chapter 57 / Section 13-57-4
Sectarian religion and partisan politics prohibited in university
Status: in_force

The University of South Dakota shall never be under the control of any religious denomination and no instruction either sectarian in religion or partisan in politics shall be allowed in any department of the university.

Source: SDC 1939, § 15.1101.
S.D. Codified Laws § 13-34-25 — SD Code / Title 13 / Chapter 34 / Section 13-34-25
Representation of school board, board member or school district by attorney general
Status: in_force

If any school board, school board member or school district is sued regarding the implementation of § 13-34-23 or 13-34-24 , the attorney general shall represent the school board, school board member or school district at no cost to the school board, school board member or school district.

Source: SL 1987, ch 142, § 1A.
S.D. Codified Laws § 13-39A-15 — SD Code / Title 13 / Chapter 39A / Section 13-39A-15
New construction or major renovation of facilities
Status: in_force

Except as otherwise provided in § 1-16A-95 , the board shall consider and act upon technical college requests for new construction or major renovation of facilities also subject to the provisions of § 1-16A-95 . However, the absence of any action does not prevent the Legislature from approving such plans pursuant to § 1-16A-95 .

Source: SL 2017, ch 81, § 15; SL 2020, ch 61, § 8.
S.D. Codified Laws § 13-39-26 — SD Code / Title 13 / Chapter 39 / Section 13-39-26
Nonpublic secondary or postsecondary technical institutions
Status: in_force

The provisions of this chapter do not apply to nonpublic secondary or postsecondary technical institutions except that the secretary of education and LEAs may enter into agreements with these schools and institutions to provide career and technical education.

Source: SL 1965, ch 37, § 2; SL 1982, ch 147, § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 22.
S.D. Codified Laws § 13-36-14 — SD Code / Title 13 / Chapter 36 / Section 13-36-14
Cause of action not created
Status: in_force

Sections 13-36-9 to 13-36-13 , inclusive, do not create any liability for, or create any cause of legal action against, a school, a school district, or any officer or employee of a school or school district.

Source: SL 2011, ch 97, § 6; SL 2021, ch 73, § 12.
S.D. Codified Laws § 13-13-3 — SD Code / Title 13 / Chapter 13 / Section 13-13-3
Withholding of permanent school fund income from districts in default on obligation to school fund
Status: in_force

Whenever any school district in this state shall default and shall be delinquent in the payment of any interest or principal payments to the State of South Dakota on account of any bond or bonds heretofore or hereafter issued by such school district and which have been purchased with funds belonging to the permanent school fund, or whenever any school district shall permit any fund created or established for the retirement of such bonds to become impaired or depleted, the commissioner of school and public lands may in his discretion, direct the county treasurer of the county in which such school district is situated to withhold the distribution of the apportionment moneys provided for in § 13-13-2 until such delinquent principal and interest is paid or until such fund is restored, as the case may be.

Source: SL 1941, ch 73; SDC Supp 1960, § 15.0109-1; SL 1975, ch 128, § 79.
S.D. Codified Laws § 13-42-10 — SD Code / Title 13 / Chapter 42 / Section 13-42-10
Suspension or refusal to issue or renew certificate for breach of contract
Status: in_force

The secretary may suspend or refuse to issue or renew any certificate for a period not to exceed one year for breaking a contract with a school. However, the secretary may not suspend the certificate if the school board or governing body collects liquidated damages pursuant to the terms of the contract. In order to initiate proceedings pursuant to this section, the school board or governing body employing the certificate holder shall file a complaint pursuant to § 13-42-12 .

Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1984, ch 123, § 1; SL 1989, ch 153, § 7; SL 1991, ch 20, §§ 17, 18; SL 2001, ch 87, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 9.
S.D. Codified Laws § 13-43-41 — SD Code / Title 13 / Chapter 43 / Section 13-43-41
Vacancies--Removal of members
Status: in_force

Vacancies on the Professional Administrators Practices and Standards Commission shall be filled by the Governor for the balance of any unexpired term. Members may be removed by the Governor for cause.

Source: SL 1985, ch 139, § 6.
S.D. Codified Laws § 13-37-1.4 — SD Code / Title 13 / Chapter 37 / Section 13-37-1.4
Appeal through civil action permitted
Status: in_force

Any party aggrieved by a decision of the Department of Education under this chapter may bring a civil action with respect to a due process complaint notice requesting a due process hearing under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(i)(2) (January 1, 2024). A civil action may be filed in either state or federal court without regard to the amount in controversy. The party bringing the action has thirty days from the date of the decision to file a civil action.

Source: SL 2024, ch 58, § 1.
S.D. Codified Laws § 13-39-28 — SD Code / Title 13 / Chapter 39 / Section 13-39-28
Persons eligible for vocational education
Status: in_force

Anyone who may profit from the vocational education course to which the person applies may be enrolled upon application and acceptance in accordance with the provisions of §§ 13-39-1.2 to 13-39-29 , inclusive, and as prescribed by the South Dakota Board of Education Standards.

Source: SL 1965, ch 37, § 7; SL 1982, ch 147, § 25; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-55E-1 — SD Code / Title 13 / Chapter 55E / Section 13-55E-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Advance payment contract," a contract entered into by the executive director and a purchaser pursuant to this chapter to provide for the higher education of a beneficiary;

(2) "Beneficiary," the person designated within the advance payment contract to receive tuition, room and board, or tuition only at a state - supported institution of higher education;

(3) "Executive director," the executive director of the Board of Regents;

(4) "Institution of higher education," any state - supported university;

(5) "Purchaser," any person obligated to make an advance payment of tuition, room and board, or tuition only costs on behalf of a beneficiary pursuant to an advance payment contract;

(6) "Room and board costs," the amount assessed for lodging and regularly scheduled meals provided to students pursuant to a contract for room and board with an institution of higher education;

(7) "Tuition costs," the amount assessed for full - time enrollment at an institution of higher education including mandatory fees imposed upon all full - time students as a condition of enrollment.

Source: SL 1994, ch 145, § 1.
S.D. Codified Laws § 13-55E-11 — SD Code / Title 13 / Chapter 55E / Section 13-55E-11
Nonutilization of advance payment contract--Refunds
Status: in_force

If the beneficiary dies, is not admitted to an institution of higher education following proper application, elects to not attend an institution of higher education or if attending, elects to discontinue higher education or for any other circumstance approved by the executive director does not utilize the advance payment contract, the executive director shall terminate or modify the contract and except as provided under § 13-55E-3 , refund to the purchaser, to any person designated by the purchaser by contract or to the legal representative of the purchaser, the amount of the one - time advance payment together with interest compounded annually at a rate of four percent. A purchaser or other qualified person may request a refund in accordance with this section at any time following the one - time advance payment. The amount of refund payable under this section shall be proportionately reduced for each academic semester the beneficiary attends an institution of higher education.

Source: SL 1994, ch 145, § 11.
S.D. Codified Laws § 13-53-3 — SD Code / Title 13 / Chapter 53 / Section 13-53-3
Economy considered in administration of schools--Unification of work
Status: in_force

The board shall, at all times, so administer the schools as to enable each one of them to do in the best manner its own specific work, with a view to the strictest economy, and so as to unify and harmonize the entire work of all the schools under its control.

Source: SDC 1939, § 15.0713.
S.D. Codified Laws § 13-29-1.2 — SD Code / Title 13 / Chapter 29 / Section 13-29-1.2
Transportation for nonpublic school students--Conditions
Status: in_force

School districts may provide transportation to nonpublic school students if no additional public funds are expended to provide the transportation. No school district, however, is required under this section to provide transportation to nonpublic school students. This section does not affect the transportation of any eligible student pursuant to an individualized education plan.

Source: SL 2003, ch 102, § 1.
S.D. Codified Laws § 13-20-6 — SD Code / Title 13 / Chapter 20 / Section 13-20-6
Purchase of copyrighted material
Status: in_force

The purchase of copyrighted material need not be submitted for bids as provided in § 13-20-3 and chapter 5-18A if only one company publishes the copyrighted material to be purchased.

Source: SL 1959, ch 68, § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39; SL 1975, ch 128, § 134; SL 2011, ch 2, § 126.
S.D. Codified Laws § 13-55-31.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-31.1
High school course requirements for opportunity scholarship eligibility
Status: in_force

To be eligible for an opportunity scholarship, a student who entered the ninth grade prior to the 2010-2011 school year shall complete the following high school course requirements:

(1) Four or more units of language arts that include a minimum of the following:

(a) One and one-half units of writing;

(b) One and one-half units of literature that must include one-half unit of American Literature;

(c) One-half unit of speech or debate; and

(d) One-half unit of a language arts elective;

(2) Three or more units of social studies that include the following:

(a) One unit of U.S. History;

(b) One-half unit of U.S. government;

(c) One-half unit of geography;

(d) One-half unit of world history; and

(e) One-half unit of a social studies elective;

(3) Four units of mathematics that must include the following:

(a) One unit of algebra I;

(b) One unit of geometry;

(c) One unit of algebra II; and

(d) One unit of advanced math;

(4) Four units of science, including at least three units in laboratory science, that must include the following:

(a) One unit of biology;

(b) One unit of any physical science;

(c) One unit of chemistry or physics; and

(d) One unit of science electives;

(5) Two units of world languages (two years of the same language);

(6) One-half unit of computer studies;

(7) One unit of fine arts;

(8) One-half unit of personal finance or economics; and

(9) One-half unit of physical education or health.

A student may earn academic core content credit by completing an approved career and technical education course. Approval to offer credit for a career and technical education course must be obtained through an application process with the Department of Education. The Department of Education shall meet with the Board of Regents to determine final course approval. The application must include:

(1) Course syllabus;

(2) Standards-based curriculum;

(3) Teacher certification; and

(4) Assessment of standards by methods including end-of-course exams, authentic assessment, project-based learning or rubrics.

To be eligible for an opportunity scholarship, a student who enters the ninth grade in the 2010-2011 school year or thereafter shall complete the following high school course requirements:

(1) Four or more units of language arts that include a minimum of the following:

(a) One and one-half units of writing;

(b) One and one-half units of literature that must include one-half unit of American literature;

(c) One-half unit of speech or debate; and

(d) One-half unit of a language arts elective;

(2) Three units or more of social studies that include the following:

(a) One unit of U.S. history;

(b) One-half unit of U.S. government;

(c) One-half unit of geography;

(d) One-half unit of world history; and

(e) One-half unit of a social studies elective;

(3) Four units of mathematics that must include the following:

(a) One unit of algebra I;

(b) One unit of geometry;

(c) One unit of algebra II; and

(d) One unit of advanced math;

(4) Four units of science, including at least three units in laboratory science, that must include the following:

(a) One unit of biology;

(b) One unit of any physical science;

(c) One unit of chemistry or physics; and

(d) One unit of science electives;

(5) Two units of either of the following or a combination of the two:

(a) Approved career and technical education courses; and

(b) World languages;

Approval for a career and technical education course must be obtained through an application process with the Department of Education. The department shall meet with the Board of Regents to determine final course approval;

(6) One-half unit of personal finance or economics;

(7) One unit of fine arts;

(8) One-half unit of physical education; and

(9) For students entering the ninth grade in the 2013-2014 school year and thereafter, one-half unit of health or health integration.

A student may be granted up to one unit of credit in fine arts for participation in extracurricular activities. A maximum of one-fourth unit of credit may be granted for each extracurricular activity in which a student participates during each school year. In order to grant credit for an extracurricular activity, a school district must document the alignment of the activity with fine arts content standards approved by the South Dakota Board of Education Standards.

Students entering the ninth grade in the 2013-2014 school year and thereafter are required to take one-half unit of health at anytime during grades six through twelve. A school district may choose to integrate health across the curriculum at the middle or high school level in lieu of a stand-alone course.

A student may earn academic core content credit by completing an approved career and technical education course. Approval to offer credit for a career and technical education course must be obtained through an application process with the Department of Education. The Department of Education shall meet with the Board of Regents to determine final course approval. The application must include:

(1) Course syllabus;

(2) Standards-based curriculum;

(3) Teacher certification; and

(4) Assessment of standards by methods including end-of-course exams, authentic assessment, project-based learning or rubrics.

Source: SL 2010, ch 96, § 3; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-42-9 — SD Code / Title 13 / Chapter 42 / Section 13-42-9
Grounds for refusal to issue or renew certificate or for revocation or suspension
Status: in_force

The secretary may refuse to issue or renew, or may revoke or suspend, any certificate for:

(1) Incompetency;

(2) A determination by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission that a violation of the code of ethics established pursuant to § 13-43-25 or 13-43-45 exists;

(3) Flagrant neglect of duty;

(4) Failure to fulfill any requirement for certification imposed pursuant to this chapter or chapter 13-43 and rules promulgated thereto;

(5) Moral turpitude, as defined in § 22-1-2 ; or

(6) Any other cause specifically allowed by law.

Source: SL 1955, ch 41, ch 16, §§ 5, 10; SDC Supp 1960, §§ 15.3805, 15.3810; SDCL § 13-43-9; SL 1969, ch 50; SL 1975, ch 128, § 299; SL 1977, ch 138, § 1; SL 1999, ch 91, § 1; SL 2001, ch 88, § 2; SL 2002, ch 92, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 90, § 1; SL 2015, ch 98, § 8; SL 2022, ch 44, § 1.
S.D. Codified Laws § 13-33A-12 — SD Code / Title 13 / Chapter 33A / Section 13-33A-12
Nasal glucagon--School district and nonpublic schools--Prescription--Distribution
Status: in_force

A licensed health care professional may prescribe nasal glucagon in the name of a school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16 , inclusive.

A licensed health care professional may then dispense or distribute nasal glucagon to an employee of the school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16 , inclusive.

Source: SL 2024, ch 57, § 1.
S.D. Codified Laws § 13-35-2 — SD Code / Title 13 / Chapter 35 / Section 13-35-2
Charges for meals
Status: in_force

The board of a school district may impose a charge for any meal provided through the school district's food services program to:

(1) Any student other than a student who is eligible for free or reduced-price meals through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026);

(2) An employee of the school district; or

(3) Any other individual, not otherwise exempted in accordance with § 13-35-2.1 .

Source: SL 1955, ch 41, ch 11, § 8; SDC Supp 1960, § 15.2108 (1); SL 1971, ch 121, § 1; SL 1975, ch 128, § 222; SL 2010, ch 77, § 9; SL 2026, ch 84, § 1.
S.D. Codified Laws § 13-37-61 — SD Code / Title 13 / Chapter 37 / Section 13-37-61
Oversight board members--Terms
Status: in_force

The oversight board established in § 13-37-60 shall consist of seven members. The membership shall include one member of the Legislature appointed by the Executive Board of the Legislative Research Council, and six members appointed by the secretary of education. The members appointed by the secretary shall include representatives from each of the following:

(1) The Department of Education;

(2) A school district with a fall enrollment of six hundred or more;

(3) A school district with a fall enrollment of more than two hundred, but less than six hundred; and

(4) A school district with a fall enrollment of two hundred or less.

The secretary shall use a staggered appointment schedule when appointing members, and no member may serve on the board for more than five years. The secretary shall also appoint alternate board members to serve in place of any board member representing a school district who may have a conflict of interest. An alternate shall serve the same term as the equivalent board appointee.

Source: SL 2019, ch 87, § 2.
S.D. Codified Laws § 13-32-10 — SD Code / Title 13 / Chapter 32 / Section 13-32-10
Self-administration of medications--Definitions
Status: in_force

Terms used in §§ 13-32-11 to 13-32-13 , inclusive, mean:

(1) "Medication," an inhaled bronchodilator, auto-injectable epinephrine, insulin, or other diabetes medication;

(2) "Parent," any person standing in parental relation;

(3) "Related equipment and supplies," medical equipment and supplies necessary for a student's management and treatment of diabetes; and

(4) "School," any public or nonpublic school.

Source: SL 2010, ch 93, § 1; SL 2026, ch 82, § 1.
S.D. Codified Laws § 13-63-9 — SD Code / Title 13 / Chapter 63 / Section 13-63-9
Program operated through accounts--Requirements to open
Status: in_force

The program must be operated through the use of accounts. An account may be opened by any person who desires to save to pay the qualified higher education expenses of an individual by satisfying each of the following requirements:

(1) Completing an application in the form prescribed by the council that includes:

(a) The name, address, and social security number or employer identification number of the contributor;

(b) The name, address, and social security number or employer identification number of the account owner if the account owner is not the contributor;

(c) The name, address, and social security number of the designated beneficiary;

(d) A certification acknowledging that no excess contributions will be permitted pursuant to applicable law; and

(e) Any other information that the council may require;

(2) Paying any one - time application fee established by the council;

(3) Making the minimum contribution required by the council; and

(4) Designating the type of account to be opened if more than one type of account is offered.

Source: SL 2001, ch 97, § 9; SL 2022, ch 49, § 4.
S.D. Codified Laws § 13-24-16 — SD Code / Title 13 / Chapter 24 / Section 13-24-16
Sanitary facilities and utilities required for school buildings
Status: in_force

It shall be the duty of every school board and the governing body of nonpublic schools to provide for the health conditions of the school by furnishing each school with sanitary facilities and a supply of water suitable for drinking, and to maintain sanitary conditions, and to install electrical service and adequate lighting facilities and a telephone when such services are available to the school, except that for a temporary school to be operated for less than one school term, the school board shall have discretionary authority to determine whether or not to install electric and telephone services.

Source: SL 1955, ch 41, ch 11, § 19; SDC Supp 1960, § 15.2119; SL 1975, ch 128, § 154.
S.D. Codified Laws § 13-55E-12 — SD Code / Title 13 / Chapter 55E / Section 13-55E-12
Direct payment of costs to beneficiary
Status: in_force

If the beneficiary qualifies for benefit entitlement under provisions of the advance payment contract, is admitted to an institution of higher education and receives additional financial or other assistance for tuition, room or board costs, or elects not to contract for room and board with the institution of higher education, the parties to the contract may provide for the direct payment of tuition, room and board, or tuition only costs to the beneficiary. The manner and amount of direct payment under this section shall be determined in accordance with rules promulgated pursuant to chapter 1-26 .

Source: SL 1994, ch 145, § 12.
S.D. Codified Laws § 13-43-21 — SD Code / Title 13 / Chapter 43 / Section 13-43-21
Meetings of Professional Teachers Practices and Standards Commission
Status: in_force

The Professional Teachers Practices and Standards Commission shall meet on call of the chairperson who, however, shall call a meeting upon request of four of the members.

Source: SL 1969, ch 62, § 2 (j); SL 1975, ch 128, § 317; SL 1994, ch 132, § 8.
S.D. Codified Laws § 13-13-11.1 — SD Code / Title 13 / Chapter 13 / Section 13-13-11.1
Federal Title VIII funds for children with disabilities deposited in school district special education fund
Status: in_force

For the purposes of distributing state aid to special education under the provisions of § 13-37-36.1 , funds received from the federal government under Title VIII of the Elementary and Secondary Education Act funds add on for children with disabilities shall be deposited into the school district special education fund.

Source: SL 1991, ch 138, § 4; SL 1997, ch 89, § 1; repealed by SL 2012, ch 87, § 8; reinstated by SL 2013, ch 73, § 1; SL 2016, ch 85, § 6.
S.D. Codified Laws § 13-42-1 — SD Code / Title 13 / Chapter 42 / Section 13-42-1
Definitions
Status: in_force

Terms used in this chapter and §§ 13-43-16 to 13-43-49 , inclusive, mean:

(1) "Administrator," a superintendent, principal, or other person whose assigned duties require the person to be issued a certificate as an administrator;

(2) "Applicant," an individual who has applied for a certificate, either through an initial application or a renewal application;

(3) "Certificate," a certificate and endorsements required by the South Dakota Board of Education Standards pursuant to § 13-42-3 for a teacher, administrator, or other educational professional which authorize the certificate holder to work in assigned grades and fields;

(4) "Department," the South Dakota Department of Education;

(5) "Other educational professional," an instructor, school service specialist, or other person whose duties require the person to be issued a certificate;

(6) "Secretary," the secretary of the department;

(7) "Teacher," a person whose assigned duties require the person to be issued a certificate as a teacher.

Source: SL 2015, ch 98, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-33-21 — SD Code / Title 13 / Chapter 33 / Section 13-33-21
Certificate authorizing distance learning provider to provide courses required
Status: in_force

No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the distance learning provider to provide the courses.

Source: SL 2005, ch 104, § 2.
S.D. Codified Laws § 13-63-14 — SD Code / Title 13 / Chapter 63 / Section 13-63-14
Limitations on changing designated beneficiary and rolling over funds
Status: in_force

Changes in designated beneficiaries and rollovers are not permitted if the changes or rollovers would violate either of the following:

(1) Section 13-63-21 relating to excess contributions; or

(2) Section 13-63-18 relating to investment choice.

Source: SL 2001, ch 97, § 14.
S.D. Codified Laws § 13-18-3 — SD Code / Title 13 / Chapter 18 / Section 13-18-3
Itemized invoice and verified voucher required for issuance of check or warrant--Retention
Status: in_force

No check or warrant may be drawn by the business manager except for indebtedness incurred prior to its issue and upon the presentation of an itemized invoice, accompanied by a voucher verified by the appropriate school official that the services, other than those provided by school district employees, or materials have been received. The invoice and voucher required by this section shall be filed in the office of the business manager.

Source: SDC 1939, §§ 15.2217, 15.2218; SL 1955, ch 41, ch 10, § 11; SDC Supp 1960, § 15.2211; SL 1975, ch 128, § 110; SL 1983, ch 122, § 2.
S.D. Codified Laws § 13-42-36 — SD Code / Title 13 / Chapter 42 / Section 13-42-36
Right to not renew contract preserved
Status: in_force

Nothing in §§ 13-42-33 to 13-42-35 , inclusive, may diminish a school district's right to not renew a teacher's contract pursuant to § 13-43-6.3 .

Source: SL 2010, ch 94, § 4.
S.D. Codified Laws § 13-16-6 — SD Code / Title 13 / Chapter 16 / Section 13-16-6
Capital outlay fund--Uses--General fund purchase threshold--Outstanding principal limitation--Levy--Transfer to general fund
Status: in_force

The board of a school district may expend moneys from the capital outlay fund for:

(1) Any expenditures that are required as the result of the acquisition or lease of or additions to real property, plant, or equipment;

(2) Land, existing facilities, improvement of grounds, construction of facilities, or additions to or remodeling of existing facilities;

(3) Any installment or lease-purchase payments made to purchase any real property, plant, or equipment that has a contracted terminal date not exceeding twenty years from the date of the installment contract or lease-purchase;

(4) The payment of:

(a) The principal of and interest on capital outlay certificates issued pursuant to § 13-16-6.2 ;

(b) Any premium for a property insurance policy held by the school district;

(c) Up to fifteen percent of the amount of a transportation contract, if a school district contracts for student transportation; or

(d) Up to fifteen percent of the amount required to reimburse mileage costs, if a school district reimburses for mileage, pursuant to § 13-30-3 , in lieu of providing transportation;

(5) The purchase of:

(a) Warranties on capital assets, provided that the warranties do not include or require supplies; or

(b) Textbooks;

(6) The purchase or renewal of instructional software; or

(7) The purchase or lease of equipment.

Any purchase that does not exceed one thousand dollars may be paid out of the general fund. The total accumulated unpaid principal balances of an installment contract and lease-purchase, and the outstanding principal amounts of any capital outlay certificates, may not exceed three percent of the taxable valuation. The school district shall provide a sufficient levy each year under the provisions of § 13-16-7 to meet the annual installment contract, lease-purchase, and capital outlay certificate payments, including interest.

The board of a school district may transfer from its capital outlay fund to its general fund an amount not to exceed forty-five percent of the total tax revenues deposited in that fund during the current school fiscal year.

Source: SL 1947, ch 80; SL 1953, ch 56; SL 1955, ch 41, ch 10, § 3; SDC Supp 1960, § 15.2203; SL 1970, ch 100, § 1; SL 1973, ch 91, § 1; SL 1975, ch 128, § 102; SL 1978, ch 109, § 1; SL 1988, ch 138, § 1; SL 1989, ch 146, § 3; SL 1996, ch 111; SL 1997, ch 91, § 1; SL 2001, ch 72, § 1; SL 2001, ch 80, § 1; SL 2002, ch 85, § 1; SL 2006, ch 79, § 1; SL 2009, ch 82, § 1; SL 2011, ch 93, § 1; SL 2013, ch 75, § 1; SL 2016, ch 83, § 15; SL 2020, ch 54, § 1; SL 2026, ch 80, § 1.
S.D. Codified Laws § 13-47-2 — SD Code / Title 13 / Chapter 47 / Section 13-47-2
Function of board of directors
Status: in_force

It shall be the function of the board to consider and establish policy for and exercise all necessary control over the State Educational Telecommunications Network, and to carry out the duties imposed in this chapter, or as otherwise authorized and assigned to said board by law.

Source: SL 1965, ch 67, § 1.
S.D. Codified Laws § 13-53-6.2 — SD Code / Title 13 / Chapter 53 / Section 13-53-6.2
Reciprocal attendance agreements between South Dakota and Minnesota boards--Legislative approval required
Status: in_force

The State Board of Regents may enter into an agreement with the Minnesota Higher Education Coordinating Board to, on a reciprocal basis, enable any resident of South Dakota to attend any public institution of higher education in Minnesota, and any resident of Minnesota to attend any public institution of higher education in South Dakota, without being required to pay nonresident tuition fees. The terms of the agreement shall provide for approximately equal advantages between the contracting parties.

However, nothing in the above entitlement shall bind the State of South Dakota without final legislative approval.

Source: SL 1977, ch 145, §§ 1, 2.
S.D. Codified Laws § 13-55A-5 — SD Code / Title 13 / Chapter 55A / Section 13-55A-5
Information required to make financial need determination
Status: in_force

Each applicant, in accordance with the rules and regulations of the executive director, shall:

(1) Be responsible for providing the information required to make a financial need determination; and

(2) Report promptly to the participating institution any information requested which is necessary to make a proper determination with respect to the student's need determination.

Source: SL 1974, ch 141, § 8 (1) to (3); SL 1981, ch 159, § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 104, § 5; SL 2013, ch 92, § 5, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-5-35 — SD Code / Title 13 / Chapter 5 / Section 13-5-35
Formation of new school district--Requirements
Status: in_force

No school district may be formed after July 1, 1998, unless it operates both an elementary and a secondary school within the boundaries of the district.

Source: SL 1998, ch 89, § 1.
S.D. Codified Laws § 13-1-61 — SD Code / Title 13 / Chapter 1 / Section 13-1-61
Annual report to Board of Technical Education--Licensure examination outcomes
Status: in_force

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

(1) The number of persons who completed a degree program or training program at each public technical college in the state and to whom the department, board, or commission administered a licensure or certification examination during that year; and

(2) The number of persons in subdivision (1) who successfully passed the licensure or certification examination, including any subparts of any licensure or certification process.

Source: SL 2013, ch 70, § 2; SL 2017, ch 81, § 60; SL 2020, ch 61, § 36; SL 2024, ch 52, § 2.
S.D. Codified Laws § 13-15-12 — SD Code / Title 13 / Chapter 15 / Section 13-15-12
Financing of interstate joint facilities
Status: in_force

The district entering into such agreements or contracts may borrow money, levy taxes, and issue bonds and use the proceeds thereof in accordance with and subject to the limitations of laws governing school districts in South Dakota.

Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245.
S.D. Codified Laws § 13-62-12 — SD Code / Title 13 / Chapter 62 / Section 13-62-12
Use of moneys and property
Status: in_force

The Board of Regents shall ensure the proper allocation of any money, effects, and property received for the use and benefit of South Dakota Services for the Deaf.

Source: SDC 1939, § 55.4102 (4); SL 1953, ch 296, § 2; SL 2023, ch 62, § 16.
S.D. Codified Laws § 13-39-13 — SD Code / Title 13 / Chapter 39 / Section 13-39-13
Agreements with federal and state agencies
Status: in_force

The secretary of education may enter into contracts and agreements with any agency of the United States government or any agency of the state government or its political subdivisions for the purpose of career and technical education, to receive grants of federal funds for career and technical education and to expend those funds under rules promulgated by the South Dakota Board of Education Standards or the South Dakota Board of Technical Education pursuant to chapter 1-26 .

Source: SL 1965, ch 37, § 2 (7); SL 1975, ch 128, § 248; SL 1982, ch 147, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 19; SL 2017, ch 81, § 43.
S.D. Codified Laws § 13-55E-10 — SD Code / Title 13 / Chapter 55E / Section 13-55E-10
Schedule for payment to institutions of higher education
Status: in_force

The executive director shall establish a schedule for payment to institutions of higher education of the tuition, room and board, or tuition only costs on behalf of beneficiaries. Payment under this section may not begin until the beneficiary applies to and is accepted by the institution of higher education. Upon completion or termination of an advance payment contract, the remaining balance of principal and investment earnings accruing to the contract shall be credited to the account established under § 13-55E-8 .

Source: SL 1994, ch 145, § 10.
S.D. Codified Laws § 13-29-1 — SD Code / Title 13 / Chapter 29 / Section 13-29-1
District operation of buses permitted--Purposes for which used
Status: in_force

The school board of any school district may acquire, own, operate, or hire buses for the transportation of students to and from its schools either from within or without the district or for transportation to and from athletic, musical, speech, and other interscholastic contests in which participation is authorized by the school board. The school district may contract with a federally regulated charter bus operation to provide charter bus service for transportation of students, chaperones, and employees to and from athletic, musical, speech, other interscholastic contests, and special events in which participation is authorized by the school board. Buses used for this purpose need not meet requirements of a school bus unless such buses are used for the daily transportation of students to and from schools either from within or without the district.

Source: SDC 1939, § 15.3404; SL 1947, ch 70; SL 1949, ch 54, §§ 1, 2; SL 1953, ch 55, § 2; SL 1955, ch 41, ch 13, § 12; SDC Supp 1960, § 15.3312; SL 1975, ch 128, § 199; SL 1981, ch 249, §§ 2, 6; SL 1983, ch 237, § 1; SL 1985, ch 15, § 30; SL 2000, ch 85, § 1; ch 86, § 1.
S.D. Codified Laws § 13-30-3 — SD Code / Title 13 / Chapter 30 / Section 13-30-3
Mileage allowance in lieu of transportation for students
Status: in_force

The amount of the transportation allowance is the rate established pursuant to § 3-9-1 per family for distances actually traveled in excess of five miles each way. No mileage may be paid for extra trips to the schoolhouse which the school board does not consider necessary nor for more miles than would be traveled if the shortest distance measured from the place on a publicly used road nearest the dwelling house of the child to the schoolhouse site were traveled. If children from more than one family are transported in the same vehicle mileage payments shall be paid to only one family. The school board may authorize additional miles if prior approval is obtained to facilitate cooperative efforts among families to share transportation duties. If children from more than one family are transported in a single vehicle, reimbursement shall be at rates established by the school board. However, the mileage reimbursement rate may not be less than the rate established pursuant to § 3-9-1 . If, at the request of the parents, elementary children are assigned to a school that is further from the dwelling house than the nearest school, the board may limit the reimbursement to the mileage to the nearest school within the district. All claims for transportation allowance shall be filed with the school business manager not later than the close of the school fiscal year in which the travel for which reimbursement is sought actually occurred.

Source: SDC 1939, § 15.3404; SL 1955, ch 41, ch 13, § 10; SL 1957, ch 73, § 5; SDC Supp 1960, § 15.3310; SL 1967, ch 47; SL 1969, ch 48, § 1; SL 1973, ch 97, § 1; SL 1978, ch 116, § 1; SL 1981, ch 144, § 1; SL 1983, ch 132; SL 1983, ch 133; SL 1987, chs 140, 141; SL 1991, ch 146, § 1; SL 1997, ch 99, § 2.
S.D. Codified Laws § 13-51A-22 — SD Code / Title 13 / Chapter 51A / Section 13-51A-22
Covenants to take actions for benefit of bondholders
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 to perform any and all acts and to do any and all such things as may be necessary or convenient or desirable in order to secure its bonds, or as may in the judgment of the board tend to make the bonds more marketable, notwithstanding that such acts or things may not be enumerated herein, it being the intention hereof to give the board issuing bonds pursuant to this chapter power to make all covenants, to perform all acts and to do all things not inconsistent with the Constitution of the State of South Dakota.

Source: SL 1971, ch 134, § 5, subdiv 8.
S.D. Codified Laws § 13-62-5 — SD Code / Title 13 / Chapter 62 / Section 13-62-5
Preservation of property
Status: in_force

The Board of Regents shall preserve and care for all property used by South Dakota Services for the Deaf.

Source: SDC 1939, § 55.4102 (1); SL 1953, ch 296, § 2; SL 2023, ch 62, § 14.
S.D. Codified Laws § 13-64-12 — SD Code / Title 13 / Chapter 64 / Section 13-64-12
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 2013, ch 93, § 14.
S.D. Codified Laws § 13-16-10 — SD Code / Title 13 / Chapter 16 / Section 13-16-10
Annual levy to pay school district bonds--Irrepealable--Exclusive of maximum levy
Status: in_force

At or before the issuing of any bonds the school board shall provide for the collection of an annual tax sufficient to pay the interest and principal thereof when due, for the entire term of years for which said bonds are to run, by proper resolution, copy of which shall be filed with the county auditor. All such levies when legally made shall be irrepealable until such debt shall be paid or sufficient moneys have been accumulated to pay such debt, and shall be exclusive of the maximum levy provided for other school district funds.

Source: SDC 1939, § 15.2208; SL 1955, ch 41, ch 10, § 4; SDC Supp 1960, § 15.2204; SL 1963, ch 75, § 1; SL 1965, ch 47.
S.D. Codified Laws § 13-57-5 — SD Code / Title 13 / Chapter 57 / Section 13-57-5
Equipment and instructional facilities for university
Status: in_force

The Board of Regents is authorized to expend so much of the money appropriated for the University of South Dakota as it may deem expedient in the purchase of apparatus, libraries, and cabinets of natural history, in providing suitable means to keep and preserve the same, and in procuring all other necessary facilities for giving instruction.

Source: SDC 1939, § 15.1102.
S.D. Codified Laws § 13-6-41.3 — SD Code / Title 13 / Chapter 6 / Section 13-6-41.3
Notice of election--Contents--Costs of election
Status: in_force

The school board shall cause a notice of a special election to be published as provided in § 13-7-8 . Such notice shall clearly state and contain the purpose of the election, a description of the boundaries of the proposed district, or districts, contained in the plan, and the time and place, or places, at which the election will be held. The cost of conducting the election shall be assumed by and be the responsibility of each participating school district.

Source: SL 1955, ch 41, ch 8, § 18; SDC Supp 1960, § 15.2015; SDCL, § 13-6-41 ; SL 1971, ch 103, § 3; SL 1973, ch 85, § 17.
S.D. Codified Laws § 13-16-26.2 — SD Code / Title 13 / Chapter 16 / Section 13-16-26.2
Transfers from general fund--Prohibitions--Exceptions
Status: in_force

Notwithstanding § 13-16-26 , no school district may transfer any funds, exclusive of federal funds and wind energy tax revenue that is defined in § 13-13-10.1 and apportioned pursuant to § 10-35-21 , from the general fund to the capital outlay fund, bond redemption fund, or the capital projects fund.

The authority provided by this section for the transfer of wind energy tax revenue is conditioned annually upon the district obtaining, from the Department of Education, verification that the school district is in compliance with §§ 13-13-73.6 and 13-13-73.8 .

The transfer of wind energy tax revenue must be made within the ten-year timeframe identified in § 13-13-10.1 for each new wind farm. The maximum amount a school district may transfer on an annual basis is the amount of wind energy tax revenue that is able to be retained by the district and not counted as local effort.

Notwithstanding § 13-16-6 , wind energy tax revenue transferred to the capital outlay fund under the authority of this section must remain separately identified and may not thereafter be returned to the general fund.

Source: SL 2000, ch 77, § 1; SL 2001, ch 77, § 6; SL 2021, ch 74, § 2; SL 2024, ch 53, § 6.
S.D. Codified Laws § 13-37-36.1 — SD Code / Title 13 / Chapter 37 / Section 13-37-36.1
School district special education fund statutory carryover
Status: in_force

To establish the school district special education fund statutory carryover, deduct from the total ending fund balance the amount of Title VIII of the Elementary and Secondary Education Act funds receipted or transferred to the special education fund.

Source: SL 1997, ch 89, § 4; SL 2013, ch 79, § 12.
S.D. Codified Laws § 13-28A-3 — SD Code / Title 13 / Chapter 28A / Section 13-28A-3
Application procedure--Agreement to specify
Status: in_force

Any agreement entered into pursuant to this chapter shall specify the application procedures for the enrollment options program between South Dakota and the bordering state.

Source: SL 2005, ch 102, § 3; SL 2008, ch 81, § 4.
S.D. Codified Laws § 13-43-6.4 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.4
Nonrenewal due to staff reduction
Status: in_force

Notwithstanding §§ 13-43-6.1 to 13-43-6.3 , inclusive, if a teacher's contract is not renewed due to a reduction in staff, only written notice is required, which shall be provided by the school board to the teacher by April fifteenth.

Source: SL 1995, ch 87, § 75D.
S.D. Codified Laws § 13-53-27 — SD Code / Title 13 / Chapter 53 / Section 13-53-27
Residence of unemancipated person for purpose of higher education
Status: in_force

The residence of an unemancipated person under twenty-four years of age follows that of the parents or of a legal guardian who has actual custody of the person or administers the property of the person. In the case of divorce or separation, if either parent meets the residence requirements, the person shall be considered a resident.

Source: SL 1996, ch 130, § 5; SL 2013, ch 89, § 2.
S.D. Codified Laws § 13-43-18 — SD Code / Title 13 / Chapter 43 / Section 13-43-18
Appointment of members of Professional Teachers Practices and Standards Commission--Terms
Status: in_force

The members of the Professional Teachers Practices and Standards Commission shall be appointed by the Governor in a manner to be designated by the Governor. The terms of no more than three members may expire in any one year. The terms of all members are three years and shall terminate on December thirty - one or when a successor is appointed and qualified. No member of the commission may serve more than two consecutive terms, and subsequent appointments to the commission shall be made in a manner to be designated by the Governor.

Source: SL 1969, ch 62, § 2(e), (f); SL 1971, ch 127, § 7; SL 1974, ch 137, § 3; SL 1980, ch 137; SL 1987, ch 145; SL 1994, ch 132, § 4.
S.D. Codified Laws § 13-33B-8 — SD Code / Title 13 / Chapter 33B / Section 13-33B-8
Information to be provided to advisory committee--Language developmental milestones to be included in parent resource
Status: in_force

Before March 1, 2019, the department shall provide the advisory committee established pursuant to § 13-33B-9 with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the development of a parent resource pursuant to § 13-33B-5 . The language developmental milestones shall align to the state's early learning guidelines, and the state standards in English language arts. Before June 1, 2019, the advisory committee shall set language developmental milestones for inclusion in the parent resource created pursuant to § 13-33B-5 .

Source: SL 2018, ch 100, § 5.
S.D. Codified Laws § 13-23-11 — SD Code / Title 13 / Chapter 23 / Section 13-23-11
Cooperative educational learning units and virtual schools unaffected
Status: in_force

The operation of an attendance center under the authority of §§ 13-23-10 to 13-23-12 , inclusive, does not affect the operation or authority of any other type of organization to provide an education such as a cooperative educational learning unit or a virtual school.

Source: SL 2016, ch 87, § 2.
S.D. Codified Laws § 13-26-11 — SD Code / Title 13 / Chapter 26 / Section 13-26-11
Contents of petition on opening day of classes
Status: in_force

The petition shall contain the school board decision regarding the opening day of classes and the date of its passage.

Source: SL 1993, ch 133, § 4.
S.D. Codified Laws § 13-48-39 — SD Code / Title 13 / Chapter 48 / Section 13-48-39
Registry for authorized postsecondary institutions--Name or location change--Promulgation of rules
Status: in_force

The secretary shall maintain a registry of all postsecondary institutions authorized by this chapter and such other postsecondary institutions for which it has issued a certificate of authorization to provide postsecondary education. If any institution changes the name under which it operates its educational programs, or the physical location of any campus, the institutions shall notify the secretary in writing within thirty days of such change and the secretary shall, as needed, issue an updated certificate of authorization to provide postsecondary education. The secretary shall develop, by rules promulgated pursuant to chapter 1-26 , such forms and procedures as may be necessary to administer the requirements of this chapter.

Source: SL 2012, ch 100, § 6.
S.D. Codified Laws § 13-28-11 — SD Code / Title 13 / Chapter 28 / Section 13-28-11
Child in residential or intensive residential treatment center--Responsibility for education, tuition--Exclusion
Status: in_force

If a child is residing in a residential treatment center or an intensive residential treatment center that provides an educational program through a school district, the school district in which the residential treatment center or intensive residential treatment center is located is responsible for providing an educational program for the child.

Tuition for a child who is entitled to free public school, pursuant to § 13-28-5 , and is not placed by an individualized education program team must be paid as provided in § 13-13-87 .

The provisions of this section and § 13-13-87 do not apply to any placement by the Department of Corrections or the Department of Social Services.

Source: SL 1959, ch 70; SDC Supp 1960, § 15.3003; SL 1965, ch 52; SL 1982, ch 143, § 4; SL 2013, ch 77, § 1; SL 2014, ch 85, § 1; SL 2016, ch 83, § 17; SL 2017, ch 79, § 1; SL 2022, ch 43, § 2; SL 2025, ch 81, § 1.
S.D. Codified Laws § 13-65-3.2 — SD Code / Title 13 / Chapter 65 / Section 13-65-3.2
Tax credits--Maximum allowable
Status: in_force

The division shall authorize the maximum allowable allocation of tax credits for each scholarship granting organization pursuant to § 13-65-3.3 for each calendar year, by January first of each calendar year.

Source: SL 2024, ch 66, § 5.
S.D. Codified Laws § 13-47-4 — SD Code / Title 13 / Chapter 47 / Section 13-47-4
Employment of personnel for office--Supplies and equipment
Status: in_force

The commissioner of the Bureau of Information and Technology may employ clerical help and assistants as may be necessary for the educational telecommunications office, subject to chapter 3-6D . The board may purchase supplies and equipment as deemed necessary.

Source: SL 1965, ch 67, § 4; SL 1979, ch 353, § 11; SL 1994, ch 412, (Ex. Ord. 94-4), § 22; SL 2018, ch 12, § 7; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 13-55-49 — SD Code / Title 13 / Chapter 55 / Section 13-55-49
Amount of scholarship--Installment payments
Status: in_force

The amount of the scholarship shall be one thousand five hundred dollars for the first year of attendance.

One half of the award shall be paid to an approved institution on behalf of any eligible student enrolled at the beginning of the fall semester, and the other half shall be paid in the same manner at the beginning of the spring semester. A student shall be enrolled full-time during the spring semester in order to receive the second installment.

Source: SL 2011, ch 102, § 3; SL 2016, ch 83, § 21.
S.D. Codified Laws § 13-43-39 — SD Code / Title 13 / Chapter 43 / Section 13-43-39
Operation within department--Functions--Submission of records and reports
Status: in_force

The Professional Administrators Practices and Standards Commission shall operate within the Department of Education and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in such form and at such times as required by the South Dakota Board of Education Standards, except that the commission shall report at least annually.

Source: SL 1985, ch 139, § 4; SL 2010, ch 77, § 23; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-13-78 — SD Code / Title 13 / Chapter 13 / Section 13-13-78
Definition of terms used in §13-13-79
Status: in_force

Terms used in § 13-13-79 mean:

(1) "Sparse school district," a school district that meets each of the following criteria:

(a) Has a fall enrollment per square mile of 0.50 or less;

(b) Has a fall enrollment of five hundred or less;

(c) Has an area of four hundred square miles or more;

(d) Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;

(e) Operates a secondary attendance center; and

(f) Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more;

(2) "Sparsity fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of less than eighty-three or greater than two hundred thirty-two, is calculated as follows:

(a) Divide the fall enrollment as defined in § 13-13-10.1 by the area of the school district in square miles;

(b) Multiply the quotient obtained in subsection (a) times negative 0.125;

(c) Add 0.0625 to the product obtained in subsection (b); and

(d) Multiply the sum obtained in subsection (c) times the fall enrollment;

(3) "Sparsity adjusted fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two.

Source: SL 2006, ch 75, § 6; SL 2007, ch 95, § 1, eff. Mar. 1, 2007; SL 2007, ch 93, § 11; SL 2011, ch 87, § 6.
S.D. Codified Laws § 13-18-13 — SD Code / Title 13 / Chapter 18 / Section 13-18-13
Call of registered warrants for payment--Cessation of interest
Status: in_force

Whenever there shall come into the hands of the business manager, or subject to his order, money applicable to the payment of any registered warrant, the business manager shall notify in writing, by mail, the holder of such registered warrant, at his last known place of residence, to present such registered warrant for payment, and such interest shall cease upon the date specified on the registered warrant call, and such money shall be held for the payment of such registered warrant. Whenever the business manager shall have on hand sufficient funds for the payment of any registered warrant, he shall call for such warrant immediately.

Source: SDC 1939, § 15.2221; SL 1947, ch 64; SL 1955, ch 41, ch 10, § 13; SL 1957, ch 70; SDC Supp 1960, § 15.2213; SL 1975, ch 128, § 116.
S.D. Codified Laws § 13-51A-43 — SD Code / Title 13 / Chapter 51A / Section 13-51A-43
Severability of provisions
Status: in_force

It is hereby declared that the sections, clauses, sentences, and parts of this chapter are severable, are not matters of mutual essential inducement, and any of them may be excised by any court of competent jurisdiction if this chapter would otherwise be unconstitutional or ineffective. It is the intention of this chapter to confer upon the board the whole or any part of the powers in this chapter provided for, and if any one or more sections, clauses, sentences, and parts of this chapter shall for any reason be questioned in any court of competent jurisdiction and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence, or part of this chapter in any one or more instances shall not be taken to affect or prejudice its applicability or validity in any other instance.

Source: SL 1971, ch 134, § 12.
S.D. Codified Laws § 13-39A-23 — SD Code / Title 13 / Chapter 39A / Section 13-39A-23
Separate accounting and funds by LEAs
Status: in_force

Any LEA operating a technical college shall keep separate the accounting and funds for the operation of the technical college programs. The LEA shall deposit receipts, student fees, and income from state and federal sources, as well as any other receipts incidental to the operation of the technical college, in any fund created pursuant to this chapter.

Source: SL 2017, ch 81, § 23; SL 2020, ch 61, § 15.
S.D. Codified Laws § 13-55-10 — SD Code / Title 13 / Chapter 55 / Section 13-55-10
National Guard member disabled or deceased on duty--Free tuition for child or spouse
Status: in_force

Any resident of this state who is less than twenty-five years of age and whose parent has died or has sustained a total disability, permanent in nature, resulting from duty as a member of the South Dakota National Guard, while on state or federal active duty or any authorized training duty, is entitled to tuition without cost and is entitled to attend any course or courses of study in any state educational institution under the control and management of the Board of Regents or the Board of Technical Education. Any person who is a resident of this state whose spouse has died or has sustained a total disability, permanent in nature, resulting from duty as a member of the South Dakota National Guard, while on state or federal active duty or any authorized training duty, is entitled to tuition without cost and is entitled to attend any course or courses of study in any state educational institution under the control and management of the Board of Regents or the Board of Technical Education.

The application and receipt of the benefits of this section are governed by the provisions of §§ 13-55-6 to 13-55-9 , inclusive.

Source: SL 1967, ch 57; SL 1975, ch 128, § 345; SL 2006, ch 88, § 1; SL 2007, ch 187, § 233; SL 2023, ch 93, § 1.
S.D. Codified Laws § 13-55-35 — SD Code / Title 13 / Chapter 55 / Section 13-55-35
Board of Regents to allocate appropriated funds and other funds received for program
Status: in_force

The Board of Regents may allocate funds appropriated by the Legislature or funds generated by gifts, donations, grants, or endowments for the purposes of §§ 13-55-30 to 13-55-36 , inclusive, to students qualifying pursuant to § 13-55-31 .

Source: SL 2003, ch 110, § 6.
S.D. Codified Laws § 13-39A-9 — SD Code / Title 13 / Chapter 39A / Section 13-39A-9
Board members--No technical college employees
Status: in_force

No employee of a technical college may be a member of the board.

Source: SL 2017, ch 81, § 9; SL 2020, ch 61, § 3.
S.D. Codified Laws § 13-49-20.9 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.9
Forgiveness or deferral of repayment based upon special circumstances
Status: in_force

The state treasurer may forgive or defer all or part of the repayment required in this chapter if the state treasurer determines that special circumstances exist due to the death or disability of the student or due to an extreme hardship which renders the student unable to complete the student's veterinary education or fulfill the student's service obligation.

Source: SL 1991, ch 157, § 8; SL 2007, ch 109, § 18.
S.D. Codified Laws § 13-28-46 — SD Code / Title 13 / Chapter 28 / Section 13-28-46
Transfer credits
Status: in_force

A school district shall accept credits for any course completed in any other accredited school district as the result of a transfer under §§ 13-28-40 to 13-28-47 , inclusive. The nonresident district shall award a diploma to a nonresident student only if the student satisfactorily meets its graduation requirements.

Source: SL 1997, ch 98, § 7.
S.D. Codified Laws § 13-1-54 — SD Code / Title 13 / Chapter 1 / Section 13-1-54
Public school counselors earning National Certified School Counselor credential--Reimbursement and stipend--No new participants after July 1, 2025
Status: in_force

The Department of Education may establish a program to reimburse public school counselors for the fees associated with the application and examination process necessary to earn the credential of National Certified School Counselor from the National Board for Counselor Certification. The program may not accept any new people into the program after July 1, 2025. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the public school counselor successfully completed all of the certification requirements which took effect on January 1, 2004, and was awarded the credential.

In addition to the reimbursement provided in this section, a counselor who is employed by a school district and who has earned the credential of National Certified School Counselor from the National Board for Counselor Certification may receive a payment of two thousand dollars per year. The stipend shall be paid as follows:

(1) One thousand dollars from the Department of Education; and

(2) One thousand dollars from the school district that employs the counselor.

The department is not required to pay a teacher a stipend pursuant to this section unless the school district employing the counselor opts to pay a stipend.

Source: SL 2009, ch 70, § 1; SL 2025, ch 73, § 1.
S.D. Codified Laws § 13-3-56.1 — SD Code / Title 13 / Chapter 3 / Section 13-3-56.1
Cheating on academic achievement test--Investigation
Status: in_force

If the superintendent of a school district has sufficient evidence that cheating occurred on a state-required academic achievement test, the superintendent of the school district shall investigate the circumstances. For the purposes of this section, cheating is the unauthorized acquiring of knowledge of the achievement test by a student or providing unauthorized access to secure test questions or tampering or altering of student answer sheets by school district personnel.

Source: SL 2007, ch 85, § 1.
S.D. Codified Laws § 13-15-21.1 — SD Code / Title 13 / Chapter 15 / Section 13-15-21.1
Reciprocity required for enrolling in Minnesota school district--Application of section
Status: in_force

Any student who resides in a South Dakota school district adjoining a Minnesota school district may enroll in the adjoining school district if the adjoining border district's students have reciprocal rights to attend a South Dakota school.

This section does not apply to any school district that was engaged in 1994 in the reorganization process pursuant to chapter 13-6 until July 1, 1998.

Source: SL 1994, ch 117, §§ 1, 2; SL 1995, ch 95, § 2.
S.D. Codified Laws § 13-37-40 — SD Code / Title 13 / Chapter 37 / Section 13-37-40
Extraordinary expenses--Portion of state aid set aside
Status: in_force

Subject to the limitations provided below and in § 13-37-42 , the secretary of the Department of Education shall, beginning July 1, 2026, set aside five million dollars of the state aid to districts for special education appropriation for extraordinary expenses incurred in providing special education programs or services to children with disabilities, with expenditures to be made as provided in § 13-37-60 .

Any funds not expended or obligated pursuant to this section are not subject to reversion pursuant to § 4-8-19 , provided that the total amount reserved each year for extraordinary expenses does not exceed five million five hundred thousand dollars.

Source: SL 1995, ch 101, § 6; SL 1998, ch 98, § 12; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2013, ch 79, § 13; SL 2026, ch 85, § 1.
S.D. Codified Laws § 13-25-16 — SD Code / Title 13 / Chapter 25 / Section 13-25-16
Inspection by certain municipalities
Status: in_force

Nothing in this chapter shall preclude the director from entering into an agreement with a first class municipality to conduct an inspection so long as he is satisfied that the inspection will meet the standards of the division.

Source: SL 1991, ch 139, § 12B.
S.D. Codified Laws § 13-64-8 — SD Code / Title 13 / Chapter 64 / Section 13-64-8
Time for filing petition
Status: in_force

A petition to refer a school board decision pursuant to § 13-64-7 may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval.

Source: SL 2013, ch 93, § 10.
S.D. Codified Laws § 13-46-7 — SD Code / Title 13 / Chapter 46 / Section 13-46-7
Appeal to Supreme Court
Status: in_force

An appeal from any such final judgment or order may be taken to the Supreme Court within sixty days after written notice thereof shall have been given to the party desiring to appeal, which appeal shall be perfected, heard, and determined as other appeals in civil cases.

Source: SL 1955, ch 41, ch 9, § 44; SDC Supp 1960, § 15.2344.
S.D. Codified Laws § 13-25-8.1 — SD Code / Title 13 / Chapter 25 / Section 13-25-8.1
Aggrieved schools' demand for hearing--Conduct of proceedings
Status: in_force

Any school governing body, or other agency operating a school aggrieved by an order issued pursuant to § 13-25-7 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety a copy of the demand. The secretary of public safety shall set a hearing date which shall be within twenty days of receiving the demand. The secretary shall notify the aggrieved party thereof at least ten days prior to the hearing. The proceedings shall be conducted as in contested cases and appeal may be made as provided by chapter 1-26 .

Source: SL 1991, ch 139, § 6; SL 2006, ch 185, § 3.
S.D. Codified Laws § 13-43-20 — SD Code / Title 13 / Chapter 43 / Section 13-43-20
Election of officers of Professional Teachers Practices and Standards Commission--Adoption of rules
Status: in_force

The Professional Teachers Practices and Standards Commission shall elect from its membership a chairperson, a vice chairperson, and other such officers as the commission determines and shall adopt rules to govern its proceedings.

Source: SL 1969, ch 62, § 2 (i); SL 1975, ch 128, § 316; SL 1979, ch 123, § 2; SL 1994, ch 132, § 6.
S.D. Codified Laws § 13-63-6 — SD Code / Title 13 / Chapter 63 / Section 13-63-6
Term of contract between council and financial institution
Status: in_force

Any contract executed between the council and a financial institution pursuant to this chapter shall be for a term of at least three years and not more than seven years.

Source: SL 2001, ch 97, § 6.
S.D. Codified Laws § 13-63-23 — SD Code / Title 13 / Chapter 63 / Section 13-63-23
Account statements--Contents
Status: in_force

The financial institution shall provide statements to each account owner annually within thirty - one days after the twelve - month period to which they relate. The statement must include a minimum of the beginning balance; all contributions made during the preceding twelve - month period; the sum total of contributions made through the end of the period; any interest accrued, penalties charged, and distributions made during the period; the value of the account as of the end of the period; and any other matters that the council requires be reported to the account owner.

Source: SL 2001, ch 97, § 23; SL 2022, ch 49, § 9.
S.D. Codified Laws § 13-39-64 — SD Code / Title 13 / Chapter 39 / Section 13-39-64
Rules for multidistrict, career and technical academies
Status: in_force

The center board may adopt rules, pursuant to chapter 1-26 , pertaining to the creation, dissolution, operation, control, supervision, and approval of multidistrict, career and technical academies in South Dakota.

Source: SL 1973, ch 123, § 2; SL 1975, ch 128, § 268; SL 1982, ch 147, § 54; SL 2009, ch 88, § 12.
S.D. Codified Laws § 13-15-6 — SD Code / Title 13 / Chapter 15 / Section 13-15-6
School operating under federal contract credited to district--Application of school district laws--Eligibility for state and county school funds
Status: in_force

School districts entering into contractual agreements specified in § 13-15-3 shall be considered as operating a school whether or not the school is located within the boundary of such district. It shall be subject to the same laws as any other school district. It shall be eligible to receive all state and county school funds to which other school districts are entitled.

Source: SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1975, ch 128, § 94.
S.D. Codified Laws § 13-51-1.3 — SD Code / Title 13 / Chapter 51 / Section 13-51-1.3
Sioux Falls site for instructional, research, and service programs--Limitations on use
Status: in_force

The expenditures authorized by chapter 106 of the 2006 Session Laws must be solely for the purposes of providing a site for the operation of instructional, research, and service programs delivered through institutions established by the Legislature and governed by the Board of Regents. The Board of Regents may only use the property for the primary purpose of education or research. It is the intent of the Board of Regents and the Eighty-first Legislature that the Board of Regents may not without express legislative authorization:

(1) Organize the programs delivered at this site into a separate degree-granting institution;

(2) Erect student residence facilities on the site;

(3) Construct facilities on the site for use as intercollegiate athletic practice or competition;

(4) Establish intercollegiate athletic teams at the site;

(5) Sell any portion of the property acquired pursuant to chapter 106 of the 2006 Session Laws unless the property is appraised and advertised and offered for sale at public auction. No portion of the property may be sold except at public sale and for an amount less than the appraised value;

(6) Lease for nonagricultural purposes more than ten percent of the surface area of the property to third parties;

(7) Lease to third parties more than ten percent of the useable space within any building constructed with state funds appropriated by the Legislature; or

(8) Permit any free-standing commercial facility to be constructed on the property or any commercial facility to be located within any building constructed with state funds unless the commercial facility is reasonably needed to meet the convenience and needs of the students and instructors using the building.

Source: SL 2006, ch 106, § 3, eff. Mar. 8, 2006; SL 2022, ch 47, § 1.
S.D. Codified Laws § 13-49-41 — SD Code / Title 13 / Chapter 49 / Section 13-49-41
Disclosure of funding from foreign sources--Definitions
Status: in_force

Terms used in this section and § 13-49-42 mean:

(1) "Foreign entity," any organization that is:

(a) Registered outside of the United States or its territories;

(b) More than ten percent owned by a foreign government or foreign person; or

(c) Owned, to any extent, by a foreign government or foreign person from a country listed in subdivision (4);

(2) "Foreign government," a government or state-controlled enterprise of a government, other than the United States, its states, its territories, or its federally recognized Indian tribes;

(3) "Foreign person," an individual who is not a United States citizen or a resident;

(4) "Foreign source," a foreign entity from, foreign government from, or foreign person from:

(a) The People’s Republic of China;

(b) The Republic of Cuba;

(c) The Islamic Republic of Iran;

(d) The Democratic People's Republic of Korea;

(e) The Russian Federation; or

(f) The Bolivarian Republic of Venezuela; and

(5) "Funding," any award, capital investment, compensation, contract, donation, endowment, fee, gift, grant, payment in exchange for services, salary, or wage, but does not include a payment for tuition or related fees made to support an individual enrolled as a student at an institution under the control of the Board of Regents.

Source: SL 2026, ch 86, § 3.
S.D. Codified Laws § 13-39A-35 — SD Code / Title 13 / Chapter 39A / Section 13-39A-35
Petition to establish technical college as distinct separate LEA
Status: in_force

Any technical college, school district LEA or school districts, or any combination of them that established a technical college before July 1, 2015, may file a petition with the board to establish the technical college as a distinct separate LEA, which shall be an LEA and a public body under chapter 1-16A . The board shall approve the petition before the technical college may operate as a distinct separate LEA. Upon establishment of a distinct separate LEA, the school district LEA shall assign to, and the newly established distinct separate LEA shall expressly assume, all duties and powers and all rights, covenants, and obligations concerning the technical college, including without limitation all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized pursuant to §§ 13-39A-24 to 13-39A-30 , inclusive, and any and all instruments and other agreements related thereto. Nothing in this section prohibits an agreement between the school district LEA and the distinct separate LEA pursuant to chapter 1-24 . The distinct separate LEA established pursuant to this section is not subject to §§ 13-39A-31 to 13-39A-34 , inclusive.

Source: SL 2017, ch 81, § 35; SL 2020, ch 61, § 22.
S.D. Codified Laws § 13-28A-5 — SD Code / Title 13 / Chapter 28A / Section 13-28A-5
South Dakota school district not responsible for transportation to bordering state--Agreement to specify
Status: in_force

Any agreement entered into pursuant to this chapter shall specify that a South Dakota school district is not responsible for transportation for any resident student attending school in a bordering state under the provisions of this chapter. However, a South Dakota school district may, at its discretion, provide transportation services for such a student.

Source: SL 2005, ch 102, § 5; SL 2008, ch 81, § 6.
S.D. Codified Laws § 13-8-24 — SD Code / Title 13 / Chapter 8 / Section 13-8-24
Resignation not effective until successor appointed and qualified
Status: in_force

A resignation of a school board member shall necessitate a successor to be appointed to fill the vacancy, but such resignation shall not be effective until the successor is appointed and qualified as prescribed by law, and until such time the resigning member shall continue to serve in an official capacity as a school board member.

Source: SL 1887, ch 47, § 110; CL 1887, § 1796; SL 1955, ch 41, ch 9, § 27; SDC Supp 1960, § 15.2327; SL 1975, ch 128, § 57.
S.D. Codified Laws § 13-53-37 — SD Code / Title 13 / Chapter 53 / Section 13-53-37
Appeal of residency determination
Status: in_force

The Board of Regents shall provide for appeals by students of residency determinations.

Source: SL 1996, ch 130, § 15.
S.D. Codified Laws § 13-32-3 — SD Code / Title 13 / Chapter 32 / Section 13-32-3
Reference for psychiatric treatment prohibited without parents' consent
Status: in_force

No public school administrator or teacher shall refer a student for psychiatric treatment within or outside the school without the prior written consent of such student's parent or guardian.

Source: SL 1961, ch 91.
S.D. Codified Laws § 13-63-21 — SD Code / Title 13 / Chapter 63 / Section 13-63-21
Council to adopt rules to prevent excess contributions
Status: in_force

The council shall adopt policies, guidelines, procedures, or rules pursuant to chapter 1-26 to prevent contributions on behalf of a designated beneficiary in excess of the maximum amounts permitted under section 529 of the Internal Revenue Code and related regulations.

Source: SL 2001, ch 97, § 21; SL 2002, ch 94, § 3.
S.D. Codified Laws § 13-25-4 — SD Code / Title 13 / Chapter 25 / Section 13-25-4
Periodic inspection by State Fire Marshal--Conditions
Status: in_force

The State Fire Marshal shall inspect or cause to be inspected all buildings on a periodic basis of not less than two years for the purpose of fire safety and fire prevention. The inspection shall be made upon the conditions set forth in §§ 13-25-5 and 13-25-6 .

Source: SL 1959, ch 217, § 2; SDC Supp 1960, § 31.04C02; SL 1991, ch 139, § 3; SL 2004, ch 17, § 18.
S.D. Codified Laws § 13-3-51 — SD Code / Title 13 / Chapter 3 / Section 13-3-51
Data reporting and record systems--Evaluation--Promulgation of rules--Exception
Status: in_force

The secretary of the Department of Education shall establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. Any school district or school seeking state accreditation shall submit enrollment data, personnel data, and shall verify all state and federal standards for accreditation and approval of schools, including those related to safety and educational equity of the school district or school by October fifteenth of each year. If the due date falls on a weekend or state holiday, the due date is the next business day following the scheduled due date. An annual written evaluation of the educational progress in the state and in each school district shall be submitted to the Legislature and shall be made available in each school district to the general public. The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to further define the data required pursuant to this section. However, nothing in this section authorizes the collection of information not necessary for the calculation of funding for public education, the determination of student academic progress, state and federal reporting requirements, or other duties prescribed to a school district, the department, or the South Dakota Board of Education Standards by law.

Source: SDC 1939, § 15.0904 (12); SL 1955, ch 41, ch 1, § 3; SL 1957, ch 52, § 4; SDC Supp 1960, § 15.0905 (19); SDCL § 13-1-13 ; SL 1975, ch 128, § 17; SL 1997, ch 84, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 83, § 1; SL 2012, ch 88, § 2; SL 2014, ch 76, § 2; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-33B-9 — SD Code / Title 13 / Chapter 33B / Section 13-33B-9
Advisory committee--Members--Duties
Status: in_force

The administrator of South Dakota Services for the Deaf shall establish an advisory committee to solicit input from experts on the selection of language developmental milestones for children who are deaf or hard-of-hearing that are equivalent to milestones for children who are not deaf or hard-of-hearing, for inclusion in the parent resource pursuant to §§ 13-33B-5 and 13-33B-7 .

The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments referenced in § 13-33B-6 .

The advisory committee shall consist of at least nine but no more than fifteen volunteers, at least four of whom are deaf or hard-of-hearing, and all of whom practice within the fields of education or services for the deaf or hard-of-hearing. The advisory committee must include:

(1) A parent of a child who is deaf or hard-of-hearing, who uses both ASL and English;

(2) A parent of a child who is deaf or hard-of-hearing, who uses only spoken English, with or without visual supplements;

(3) A parent of a child who is Deaf-Plus;

(4) A representative from South Dakota Services for the Deaf, who is fluent in both ASL and English;

(5) A representative from the Department of Education; and

(6) At least four members who may be any of the following:

(a) An expert who researches language outcomes for deaf or hard-of-hearing children, using ASL and English;

(b) A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in ASL and English;

(c) A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in spoken English, with or without visual supplements;

(d) An advocate from an association in this state that represents the deaf and advocates for teaching, using both ASL and English;

(e) An early intervention specialist who works with deaf or hard-of-hearing infants and toddlers, using both ASL and English;

(f) A credentialed teacher of deaf or hard-of-hearing students, with expertise in ASL and English language assessments;

(g) A representative from a parent training information center in this state;

(h) A representative from an organization that provides communication services for the deaf;

(i) A psychologist who has expertise in assessing deaf or hard-of-hearing children and is fluent in ASL and English;

(j) A speech language pathologist; or

(k) A pediatric audiologist.

The committee may advise the department on the content and administration of instruments used to assess the language development and literacy development of deaf or hard-of-hearing children, to ensure the appropriate use of the instruments with deaf or hard-of-hearing children.

The committee may make recommendations regarding future research to improve the measurement of progress of deaf or hard-of-hearing children, in language and literacy.

Source: SL 2018, ch 100, § 6; SL 2023, ch 62, § 4.
S.D. Codified Laws § 13-28-41 — SD Code / Title 13 / Chapter 28 / Section 13-28-41
Request for transfer--Nonresident child excused from attending in another district--Nonresident child provided with alternative instruction
Status: in_force

A school district shall grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district pursuant to § 13-28-44 .

In addition, a school district shall grant a request to admit into the district a child who is a resident of another school district and who is excused from attending school in the resident district pursuant to § 13-27-2 , or is a child provided with alternative instruction pursuant to § 13-27-3 , unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district pursuant to § 13-28-44 .

Source: SL 1997, ch 98, § 2; SL 2007, ch 101, § 3; SL 2021, ch 76, § 16.
S.D. Codified Laws § 13-53-40 — SD Code / Title 13 / Chapter 53 / Section 13-53-40
Suspension for failure to pay additional money due because of nonresident status
Status: in_force

A student who does not pay additional moneys which may be due because of the student's classification as a nonresident student within thirty days after demand, shall be indefinitely suspended.

Source: SL 1996, ch 130, § 18.
S.D. Codified Laws § 13-51A-3 — SD Code / Title 13 / Chapter 51A / Section 13-51A-3
Power to accept grants
Status: in_force

The board shall have power for each such institution to accept grants of money or materials or property of any kind from a federal agency, or others, upon such terms and conditions as may be imposed.

Source: SL 1971, ch 134, § 3, subdiv 3.
S.D. Codified Laws § 13-64-3 — SD Code / Title 13 / Chapter 64 / Section 13-64-3
School sentinel training course
Status: in_force

Any person who acts as a school sentinel, pursuant to § 13-64-1 , shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16).

Source: SL 2013, ch 93, § 3.
S.D. Codified Laws § 13-53-42 — SD Code / Title 13 / Chapter 53 / Section 13-53-42
Loss of eligibility for intercollegiate extracurricular competition upon controlled substance violation
Status: in_force

Any person who has been determined by a court of competent jurisdiction to have possessed, used, or distributed controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law while enrolled at a South Dakota state supported institution of higher education is ineligible to participate in any form of intercollegiate extracurricular competition at any South Dakota state supported institution of higher education. Upon receiving a request from the chief administrator of the postsecondary educational institution, the Unified Judicial System shall send notice of whether the person who is the subject of the request was adjudicated in a juvenile proceeding of possessing, using, or distributing controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law if that person were an adult.

Source: SL 1997, ch 102, § 3.
S.D. Codified Laws § 13-37-8.9 — SD Code / Title 13 / Chapter 37 / Section 13-37-8.9
Mileage allowance in lieu of transportation for special education--Actual cost in lieu of mileage--Source of payment
Status: in_force

If appropriate bus service is not provided by a school district, the parents or guardian of any child in need of special education or special education and related services, when legally assigned, are eligible for necessary transportation compensation for their child as determined by the individualized education program team. In no case may the mileage reimbursement rate be less than the rate established pursuant to § 3-9-1 . If appropriate to maintain family bonding and if it is not practical to transport the child, mileage may be paid to the parents for trips to the facility where services are being provided to the child. In lieu of compensation for mileage, a district may pay the actual cost of transportation by common carrier or of bus service provided by contract with the facility in which the child is enrolled. The district wherein a child in need of special education or special education and related services has school residence shall pay the transportation expenses from the district's special education fund.

Source: SDC Supp 1960, § 15.3004 (6) as added by SL 1963, ch 82, § 2; SL 1964, ch 44; SL 1966, ch 43; SDCL § 13-37-10; SL 1968, ch 51, § 5 (8); SL 1968, ch 51, § 5 (7) as amended by SL 1969, ch 58; SL 1971, ch 122, § 2; SL 1974, ch 136, § 5; SL 1977, ch 137; SL 1978, ch 116, § 6; SL 1981, ch 144, § 2; SL 1984, ch 122; SL 1990, ch 195, § 1; SL 1991, ch 146, § 2; SL 2007, ch 105, § 1.
S.D. Codified Laws § 13-37-16.2 — SD Code / Title 13 / Chapter 37 / Section 13-37-16.2
Levy equalization
Status: in_force

If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year, the levy specified in subdivision 13-37-35.1 (7) shall be reduced proportionally so that the percentage increase in local effort on a statewide aggregate basis equals the percentage increase in need on a statewide aggregate basis.

Source: SL 1998, ch 97, § 3; SL 2001, ch 79, § 3; SL 2013, ch 79, § 8.
S.D. Codified Laws § 13-55G-4 — SD Code / Title 13 / Chapter 55G / Section 13-55G-4
Action upon receipt of grant
Status: in_force

Upon receipt of the memorial education cost equalization grant, the eligible student shall immediately pay the full amount of the grant to the college or university in which the student is enrolled.

Source: SL 1994, ch 2, § 6.
S.D. Codified Laws § 13-37-8.4 — SD Code / Title 13 / Chapter 37 / Section 13-37-8.4
Cost paid by school district
Status: in_force

The cost of special education shall be the responsibility of the school district wherein the child in need of special education or special education and related services has school residence through its source of revenue provided in § 13-37-16 .

Source: SL 1968, ch 51, § 5 (3); SL 1969, ch 58; SL 1976, ch 122, § 2.
S.D. Codified Laws § 13-49-20.1 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.1
Contracts to reserve spaces for South Dakota dental students
Status: in_force

The State Board of Regents is hereby authorized to negotiate and enter into contractual agreements with public or private colleges and universities offering the study of dentistry for the purpose of reserving spaces each year for dental students from South Dakota. Such contractual agreements may include a provision that the Board of Regents in turn will pay a specific reservation fee for each and every student that is accepted for admittance, and sponsored by the Board of Regents, to the study of dentistry. The Board of Regents is further authorized to pay a minimum reservation fee each year of the contract as a guarantee sum in the event that fewer than the stipulated number of students from South Dakota are accepted into the study of dentistry.

Source: SL 1970, ch 128, § 1.
S.D. Codified Laws § 13-51A-4 — SD Code / Title 13 / Chapter 51A / Section 13-51A-4
Borrowing power of board
Status: in_force

The board shall have power for each such institution to borrow money and issue bonds to acquire for each institution any one project, or more than one, or any combination thereof, or to refund bonds heretofore or hereafter issued for each such institution, or for either or both of said purposes, and to provide for the security and payment of said bonds and for the rights of the holders thereof.

Source: SL 1971, ch 134, § 3, subdiv 4.
S.D. Codified Laws § 13-6-85.2 — SD Code / Title 13 / Chapter 6 / Section 13-6-85.2
Amendment, addition, or deletion of information--Time limits
Status: in_force

The information required as part of a petition for a minor boundary change must be final with no amendments, additions, or deletions. If the petition is amended or the information to support it is added or deleted in any way, the requirement for a school board to approve or disapprove the petition by resolution within sixty days of receipt of the petition is suspended. The sixty-day timeframe begins to run again beginning with the date of the amendment, addition, or deletion of information to the original petition.

Source: SL 2015, ch 83, § 5; SL 2021, ch 73, § 19.
S.D. Codified Laws § 13-35-1 — SD Code / Title 13 / Chapter 35 / Section 13-35-1
Establishment of programs by districts
Status: in_force

School districts and other agencies eligible under Title 42 United States Code §§ 1751 to 1769, inclusive, and §§ 1771 to 1785, inclusive, the National School Lunch Act and the Child Nutrition Act of 1966, may enter into contractual agreements with the Department of Education for the purpose of establishing school food services programs. The agreements and the operation of such programs are subject to the provisions of this chapter and the rules for school food services programs as adopted by the South Dakota Board of Education Standards.

Source: SL 1955, ch 41, ch 11, § 8; SDC Supp 1960, § 15.2108; SL 1975, ch 128, § 221; SL 1997, ch 101, § 1; SL 2010, ch 77, § 8; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-6-59 — SD Code / Title 13 / Chapter 6 / Section 13-6-59
Joint district controlled by county with majority of children
Status: in_force

If a joint school district is created, the county officials shall comply with the orders and directives of the board of county commissioners of the county having jurisdiction over the school district so created. A school district shall be considered to be under the jurisdiction of the board of county commissioners of the county where the major portion of the children listed on the fall submission of student enrollment data of the school district area are located.

Source: SDC Supp 1960, § 15.2006 as added by SL 1966, ch 40, § 1; SL 1973, ch 85, § 24; SL 2012, ch 88, § 6.
S.D. Codified Laws § 13-55-21 — SD Code / Title 13 / Chapter 55 / Section 13-55-21
Firefighter, certified law enforcement officer, survivor and emergency medical technician defined
Status: in_force

Terms used in § 13-55-22 mean:

(1) "Certified law enforcement officer," a law enforcement officer as defined by § 23-3-27 who has been certified by the Law Enforcement Officer's Standards Commission as being qualified under provisions of §§ 23-3-26 to 23-3-47 , inclusive;

(2) "Emergency medical technician" or "EMT," a person who has successfully completed a state approved course of instruction in emergency medical care and is currently certified. The following levels of EMTs are included: emergency medical technician - ambulance (EMT-A); emergency medical technician - intermediate (EMT-I); emergency medical technician - special skills (EMT-SS); and emergency medical technician - paramedic (EMT-P);

(3) "Firefighter," a person who is a member of a paid or volunteer fire department that is a part of or administered by, this state, any political subdivision of this state, or a rural fire protection district;

(4) "Survivor," a child under the age of twenty - one of a firefighter or certified law enforcement officer or emergency medical technician at the time of the firefighter's or peace officer's or EMT's death.

Source: SL 1988, ch 160, § 1; SL 1991, ch 159, § 1.
S.D. Codified Laws § 13-63-7 — SD Code / Title 13 / Chapter 63 / Section 13-63-7
Conditions applicable to nonrenewed contracts
Status: in_force

If a contract executed between the council and a financial institution pursuant to this chapter is not renewed, all of the following conditions apply at the end of the term of the nonrenewed contract:

(1) Accounts previously established and held in investment instruments at the financial institution may not be terminated;

(2) Additional contributions may be made to the accounts; and

(3) No new accounts may be placed with that financial institution.

Source: SL 2001, ch 97, § 7.
S.D. Codified Laws § 13-39A-21 — SD Code / Title 13 / Chapter 39A / Section 13-39A-21
Apportionment and distribution of funds to LEAs
Status: in_force

The secretary shall apportion and distribute funds made available for technical colleges through a formula approved by the board to the LEAs having jurisdiction over technical colleges to assist in maintaining and operating those schools. The use of the funds is subject to rules promulgated by the board pursuant to § 13-39A-18 and in accordance with the approved state plan for career and technical education. However, the formula approved by the board may not reduce or increase the apportionment and distribution to any technical college as a result of any municipal, county, or LEA financial support.

Source: SL 2017, ch 81, § 21; SL 2020, ch 61, § 13.
S.D. Codified Laws § 13-32-4.4 — SD Code / Title 13 / Chapter 32 / Section 13-32-4.4
Early reinstatement of expelled student
Status: in_force

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

Source: SL 2010, ch 89, § 1.
S.D. Codified Laws § 13-53D-1 — SD Code / Title 13 / Chapter 53D / Section 13-53D-1
13-53D-1. 13-53D-1.Governor authorized to enter Western Regional Education Compact
Status: in_force

The Governor is hereby authorized and directed to enter the Western Regional Education Compact on behalf of the State of South Dakota with all other states legally joining therein in substantially the following form:

Entered into by and between the States and Territories signatory hereto, to provide acceptable and efficient educational facilities to meet the needs of the Western Region of the United States of America.

Whereas, the future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

Whereas, many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

Whereas, it is believed that the Western States, or groups of such states within the Region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof:

Now, therefore, the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii do hereby Covenant and agree as follows:

Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this Compact.

The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a body corporate of each compacting state and territory and an agency thereof. The Commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

The Commission shall consist of three resident members from each compacting state or territory. At all times one Commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

The Commissioners from each state and territory shall be appointed by the Governor thereof as provided by law in such state or territory. Any Commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

The terms of each Commissioner shall be four years: Provided, however, that the first three Commissioners shall be appointed as follows; one for two years, one for three years, and one for four years. Each Commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the Governor shall appoint a Commissioner to fill the office for the remainder of the unexpired term.

Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

One or more Commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the Commission is entitled to one vote.

The Commission shall elect from its number a chairman and a vice chairman and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this Compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The Commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the Commission.

The Commission shall adopt a seal and by-laws and shall adopt and promulgate rules and regulations for its management and control.

The Commission may elect such committees as it deems necessary for the carrying out of its functions.

The Commission shall establish and maintain an office within one of the compacting states for the transactions of its business and may meet at any time, but in any event must meet at least once a year. The Chairman may call such additional meetings and upon the request of a majority of the Commissioners of three or more compacting states or territories shall call additional meetings.

The Commission shall submit a budget to the Governor of each compacting state and territory at such time and for such period as may be required.

The Commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region.

On or before the fifteenth day of January of each year, the Commission shall submit to the Governors and Legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or his designated representative. The Commission shall not be subject to audit and accounting procedure of any of the compacting states or territories. The Commission shall provide for an independent annual audit.

It shall be the duty of the Commission to enter into such contractual agreements with any institutions in the Region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the Commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states or territories. The Commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

For this purpose the Commission may enter into contractual agreements:

(a) With the governing authority of any educational institution in the Region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) With the governing authority of any educational institution in the Region or with any compacting state of territory to assist in the placement of graduate or professional students in educational institutions in the Region providing the desired services and facilities, upon such terms and conditions as the Commission may prescribe.

It shall be the duty of the Commission to undertake studies of needs for professional and graduate educational facilities in the Region, the resources for meeting such needs, and the long-range effects of the Compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors' Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may confer with any national or regional planning body which may be established.

The Commission shall draft and recommend to the Governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the Region.

For the purposes of this Compact the word "Region" shall be construed to mean the geographical limits of the several compacting states and territories.

The operating costs of the Commission shall be apportioned equally among the compacting states and territories.

This Compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii have duly adopted it prior to July 1, 1953. This Compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

This Compact may be terminated at any time by consent of a majority of the compacting states and territories. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and Governor of such terminating state. Any state of territory may at any time withdraw from this Compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the Governor of the withdrawing state or territory accompanied by a certified copy of requisite legislative action is received by the Commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the Commission.

If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this Compact, all rights, privileges and benefits conferred by this Compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the Commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this Compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the Commission.

Source: SL 2008, ch 89, § 3.
S.D. Codified Laws § 13-62-4 — SD Code / Title 13 / Chapter 62 / Section 13-62-4
Employment and compensation
Status: in_force

The Board of Regents shall prescribe the duties of the administrator. The board may fix the compensation of all staff at South Dakota Services for the Deaf.

Source: SDC 1939, § 55.4102 (2); SL 1953, ch 296, § 2; SL 1975, ch 128, § 372; SL 2023, ch 62, § 13.
S.D. Codified Laws § 13-55-7 — SD Code / Title 13 / Chapter 55 / Section 13-55-7
Free education of veteran's orphan--Armed forces defined
Status: in_force

The term, "armed forces," as used in § 13-55-6 , means all components of the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard.

Source: SL 1947, ch 186, § 4; SDC Supp 1960, § 15.0717-2; SL 2023, ch 109, § 1.
S.D. Codified Laws § 13-8-5 — SD Code / Title 13 / Chapter 8 / Section 13-8-5
Waiting period after election on size of school board
Status: in_force

The question of any change in number of board members, having once been voted upon whether approved by the voters or not, shall not be again submitted within two years thereafter.

Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49, § 1; SL 1968, ch 45, § 1.
S.D. Codified Laws § 13-15-32 — SD Code / Title 13 / Chapter 15 / Section 13-15-32
Promulgation of rules for whole-grade sharing of students
Status: in_force

The Department of Education shall promulgate rules pursuant to chapter 1-26 to establish the procedures and timelines for approving the contracts and agreements.

Source: SL 2009, ch 81, § 3.