S.D. Codified Laws § 13-37-29 — SD Code / Title 13 / Chapter 37 / Section 13-37-29
Blind student defined for purposes of braille literary assessment and educational services
Status: in_force

For the purposes of § 13-37-30 , a blind student is any individual who is eligible for special education services and who has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees or has a medically indicated expectation of visual deterioration.

For the purposes of § 13-37-30 , braille is the system of reading and writing through touch commonly known as standard English braille.

Source: SL 1991, ch 152, § 1.
S.D. Codified Laws § 13-33B-10 — SD Code / Title 13 / Chapter 33B / Section 13-33B-10
Reporting criteria specific to language and literacy development
Status: in_force

Before August 1, 2020, the department shall establish reporting criteria, using existing data reported in compliance with the federally required state performance plan on students with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive.

Beginning on July 1, 2021, in conjunction with the department's annual collection of data on children with disabilities served, the department shall also annually report the number of enrolled students from birth to age twenty-one, regardless of disability status, who have a documented hearing loss of thirty-five decibels or more, unaided unilaterally or bilaterally.

Source: SL 2018, ch 100, § 7; SL 2020, ch 58, § 1.
S.D. Codified Laws § 13-51-1.4 — SD Code / Title 13 / Chapter 51 / Section 13-51-1.4
Government Operations and Audit Committee review
Status: in_force

Commencing in 2017 and every year thereafter, the provisions of § 13-51-1.3 shall be reviewed by the Government Operations and Audit Committee. The committee shall review the appropriateness of the provisions of § 13-51-1.3 and make recommendations to the Legislature regarding any revisions, additions, or deletions to the various conditions contained in § 13-51-1.3 . The committee shall, at the same time, conduct a review of each of the university centers, the off-campus sites in Pierre, Rapid City, and Sioux Falls where courses are being offered, and report the committee findings and recommendations to the Legislature.

Source: Source: SL 2006, ch 106, § 4, eff. Mar. 8, 2006.; SL 2017, ch 88, § 1.
S.D. Codified Laws § 13-56-9 — SD Code / Title 13 / Chapter 56 / Section 13-56-9
Recipients ineligible for physician tuition reimbursement program
Status: in_force

Any student receiving a scholarship under the provisions of this chapter is not eligible to participate in a recruitment assistance program as provided by §§ 34-12G-1 to 34-12G-9 , inclusive.

Source: SL 1994, ch 147, § 2; SL 2021, ch 175, § 1.
S.D. Codified Laws § 13-39A-37 — SD Code / Title 13 / Chapter 39A / Section 13-39A-37
Terms of board members
Status: in_force

No board member may serve more than three consecutive terms on the distinct separate LEA board as provided in § 13-39A-36 . Three board members shall serve an initial one-year term. Three board members shall serve an initial two-year term. Three board members shall serve an initial three-year term. Any subsequent board member term shall be for a period of three years. The board of the school district LEA referenced in § 13-39A-35 shall appoint all the initial board members.

Source: SL 2017, ch 81, § 37.
S.D. Codified Laws § 13-33-29 — SD Code / Title 13 / Chapter 33 / Section 13-33-29
Granting of credit for distance learning courses not offered by South Dakota Virtual School prohibited--Exceptions
Status: in_force

No school district may grant credit for any course successfully completed through distance learning as defined in § 13-33-20 unless the course is offered through the South Dakota Virtual School.

However, a school district may grant credit for a distance learning course offered through an entity other than the South Dakota Virtual School if any of the following conditions apply:

(1) The course is provided through an agreement among accredited school districts;

(2) The course is a university or technical college course taken by a student who is dually enrolled pursuant to the provisions of § 13-28-37 ;

(3) The course was previously taken through an accredited high school or other accredited provider by a student who subsequently transferred into the school district; or

(4) The course is not available through the South Dakota Virtual School and is pre-approved by the secretary of education.

Source: SL 2007, ch 104, § 1; SL 2008, ch 82, § 4; SL 2014, ch 86, § 2; SL 2020, ch 61, § 43.
S.D. Codified Laws § 13-39A-28 — SD Code / Title 13 / Chapter 39A / Section 13-39A-28
Tuition subaccount
Status: in_force

There is hereby created within the technical colleges facilities fund a tuition subaccount. The board may determine and require that all or any portion of the tuition and other student fees payable to an LEA shall be deposited in the subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other than to pay lease rentals or other amounts owed in connection with:

(1) Any facility originally leased to the Board of Regents but now utilized for career and technical education if the facility is on the campus of a technical college; and

(2) Any lease-purchase agreement authorized in §§ 13-39A-24 and 13-39A-25 unless the South Dakota Health and Educational Facilities Authority files with the state treasurer a certification that it has on deposit or there has otherwise been appropriated sufficient moneys to pay all amounts due or to become due within the next three months on all the lease-purchase agreements.

No lease rentals on facilities described in subdivision (1) may be paid unless the board has approved the assumption of the former Board of Regents' lease obligations by the tuition subaccount. Thereafter, the state treasurer shall retain in the technical colleges facilities fund for future repair and improvement an amount not to exceed ten percent of the fund, as the board directs.

Source: SL 2017, ch 81, § 28; SL 2020, ch 61, § 17.
S.D. Codified Laws § 13-27-3.2 — SD Code / Title 13 / Chapter 27 / Section 13-27-3.2
Maintenance of birth certificate by school as permanent record
Status: in_force

Any copy of any certified birth certificate provided pursuant to § 13-27-3.1 shall be maintained by the public or nonpublic school and shall be a part of the child's permanent cumulative school record.

Source: SL 1988, ch 142, § 2; SL 2000, ch 81, § 2; SL 2021, ch 76, § 5.
S.D. Codified Laws § 13-55-62 — SD Code / Title 13 / Chapter 55 / Section 13-55-62
Teach for America grant program--Duration--Amount of grants
Status: in_force

There is hereby created a Teach for America grant program within the Department of Education. The purpose of the grant program is to provide funding to Teach for America, a nonprofit organization that provides alternative teacher recruitment and placement in public schools in which a majority of the students are from low-income households. Through the grant program, the state will partner with private contributors to fund an expansion of the Teach for America program in the state that will allow the number of teachers placed to grow from fifty-seven to one hundred by 2015. The expansion will allow Teach for America to positively impact two-thirds of the Native American students on reservations in the state and more than half of the Native American students statewide, and to strengthen its efforts to improve the academic achievement of low-income, Native American students and to increase the educational opportunities afforded them.

Funding through the grant program shall be provided to Teach for America over a period of four fiscal years beginning on July 1, 2012. The amount of the grants provided pursuant to this section and § 13-55-63 shall be based upon the amount of matching funds received by Teach for America from private contributors, but the total amount of all grants provided may not exceed the total amount of money appropriated for the grant fund.

Source: SL 2012, ch 103, § 1, eff. June 20, 2012.
S.D. Codified Laws § 13-5-31 — SD Code / Title 13 / Chapter 5 / Section 13-5-31
Cooperative educational service units
Status: in_force

A cooperative education service unit is a legal entity. It is the intent of the Legislature to encourage maximum utilization of cooperative efforts among school districts in an effort to maximize educational excellence in this state and to permit cooperative efforts between schools which are not adjacent to one another. A cooperative service unit may provide academic educational resources, human resources, special education services, payroll services, cooperative purchasing, workers' compensation, group health insurance, and other services deemed appropriate by a majority vote of the governing board and in keeping with the laws of the State of South Dakota.

Source: SL 1980, ch 119, § 1; SL 1985, ch 129, § 5; SL 1986, ch 122, §§ 1, 7; SL 1995, ch 87, § 11; SL 1996, ch 100.
S.D. Codified Laws § 13-55-11.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-11.1
Certification of visual impairment of beneficiary
Status: in_force

Before any person shall secure the benefits of §§ 13-55-11 to 13-55-13 , inclusive, the Division of Rehabilitation Services shall certify in writing to the registrar of the educational institution involved, that based upon medical information on file with the Division of Rehabilitation Services such person is visually impaired to the extent specified in said sections.

Source: SL 1970, ch 110, § 2; SL 1975, ch 128, § 346.
S.D. Codified Laws § 13-49-42 — SD Code / Title 13 / Chapter 49 / Section 13-49-42
Disclosure of funding from foreign sources--Report requirements--Deadline--Applicability
Status: in_force

The Board of Regents must disclose, in an annual report, any funding given by a foreign source, as defined in § 13-49-43, directly to the board or an institution under the board's control.

The report must identify, for each instance of funding received by an institution during the period beginning July first of the previous year and ending June thirtieth of the current year:

(1) The amount and source of the funding;

(2) A description of the type and purpose of the funding;

(3) Whether the funding is part of an ongoing relationship with the foreign source;

(4) A description of the foreign source providing the funding, including the name and address of the foreign entity or foreign person providing the funding, if applicable; and

(5) A copy of any agreement, contract, or memorandum of understanding associated with the funding.

The report must be published on the Board of Regent's website on or before August thirty-first of each year.

This section does not require the disclosure of information that is otherwise deemed confidential under state or federal law.

The requirements of this section apply only to funding received on or after July 1, 2026.

Source: SL 2026, ch 86, § 4.
S.D. Codified Laws § 13-39-62 — SD Code / Title 13 / Chapter 39 / Section 13-39-62
Withdrawal of district from participation in academy--Submission to voters--Effect of withdrawal
Status: in_force

A school district may withdraw from a multidistrict, career and technical academy if the school board submits a resolution to that effect to the center board and if the center board approves the resolution. If the resolution to withdraw is not approved by the center board, the school board of the district seeking the withdrawal may refer the question to a vote of the people. The form of the ballot question shall be "shall (school district name) continue as a participating member of (multidistrict, career and technical academy name)?" If a majority of the total number of votes cast on the question is not in favor of continuing participation in the multidistrict, career and technical academy, the school district shall terminate its participation in the multidistrict, career and technical academy at the end of the next school fiscal year or on a date determined by the center board. Withdrawal of a district from a multidistrict, career and technical academy does not affect the liability of the withdrawing school district or its share of outstanding obligations incurred prior to the submission of the resolution of withdrawal provided for in this section. However, the withdrawing school district abandons any interest it has in the multidistrict, career and technical academy's assets.

Source: SL 1973, ch 123, § 6; SL 1975, ch 128, § 266; SL 1982, ch 147, § 53; SL 1994, ch 130, § 4; SL 1995, ch 102; SL 2009, ch 88, § 11.
S.D. Codified Laws § 13-49-33 — SD Code / Title 13 / Chapter 49 / Section 13-49-33
Salary negotiations not settled by certain date deemed to be at impasse
Status: in_force

All negotiations pursuant to § 3-18-3 for salary policy undertaken pursuant to this chapter that have not been settled by April fifteenth of any given year shall be deemed to be at impasse.

Source: SL 1999, ch 17, § 2.
S.D. Codified Laws § 13-3-64 — SD Code / Title 13 / Chapter 3 / Section 13-3-64
Comparison of students to state's proficient level of academic achievement--Continuous and substantial academic improvement
Status: in_force

The state accountability system shall measure whether all students meet or exceed the state's proficient level of academic achievement. Multiple indicators shall be established to indicate continuous and substantial academic improvement of the achievement of all public school students as well as sub-groups of public school students, including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency.

Source: SL 2003, ch 90, § 3; SL 2012, ch 89, § 3.
S.D. Codified Laws § 13-63-11 — SD Code / Title 13 / Chapter 63 / Section 13-63-11
Withdrawals from account
Status: in_force

Account owners may withdraw all or part of the balance from an account as may be authorized by the council, by policies, guidelines, or procedures, or under rules promulgated by the council pursuant to chapter 1-26 .

Source: SL 2001, ch 97, § 11; SL 2002, ch 94, § 1.
S.D. Codified Laws § 13-6-41.1 — SD Code / Title 13 / Chapter 6 / Section 13-6-41.1
Election on dissolution of district restricted to dissolving district--Resolution of annexing district
Status: in_force

Notwithstanding the provisions of § 13-6-41 , in the event the approved plan consists of an existing district attempting to dissolve and be annexed to one or more other districts, the election required by § 13-6-41 shall be called only in the district which expressed the desire to dissolve. No further action shall be required by the district to which territory may be annexed other than the filing of the resolution as provided in § 13-6-13 as part of the proposed plan.

Source: SDCL, § 13-6-41 as added by SL 1973, ch 85, § 17.
S.D. Codified Laws § 13-28-5 — SD Code / Title 13 / Chapter 28 / Section 13-28-5
Public school privileges free to children until age twenty-one--Fee for early childhood services
Status: in_force

The privileges of the public schools of any district shall be free to all persons with school residence within the district until they complete the secondary school program or until they reach the age of twenty-one. However, except as otherwise prohibited by law, schools may charge a fee for early childhood services for any child who is under the age of compulsory attendance pursuant to § 13-27-1 and is not enrolled in kindergarten or a more advanced grade.

Source: SDC 1939, §§ 15.2032, 15.3004; SL 1939, ch 40; SL 1943, ch 55; SL 1943, ch 56; SL 1945, ch 58; SL 1945, ch 59; SL 1945, ch 60; SL 1947, ch 72; SL 1951, ch 68; SL 1953, ch 55, § 4; SL 1955, ch 41, ch 12, § 1; SDC Supp 1960, § 15.3001; SL 2012, ch 91, § 2, eff. Mar. 1, 2012.
S.D. Codified Laws § 13-39A-7 — SD Code / Title 13 / Chapter 39A / Section 13-39A-7
Majority vote required--Minutes
Status: in_force

The affirmative vote of a majority of the members of the board is required to take any official action. The board shall record minutes. The minutes are open to the public. All meetings of the board are subject to the provisions of chapter 1-25 .

Source: SL 2017, ch 81, § 7.
S.D. Codified Laws § 13-55E-5 — SD Code / Title 13 / Chapter 55E / Section 13-55E-5
Limitation on tuition benefits in excess of resident tuition costs
Status: in_force

The advance payment contract shall prohibit payment of and the executive director may not pay tuition benefit in excess of resident tuition costs if the:

(1) Purchaser entered into the advance payment contract under an option specified by subdivision 13-55E-4(2); or

(2) Beneficiary is determined a resident for tuition purposes by the appropriate institution of higher education at the time of enrollment and the purchaser entered into the advance payment contract under an option specified by subdivision 13-55E-4(2).

Source: SL 1994, ch 145, § 5.
S.D. Codified Laws § 13-65-8 — SD Code / Title 13 / Chapter 65 / Section 13-65-8
Receipts for contributions--Reporting of each contribution
Status: in_force

The division shall provide a standardized format for a receipt to be issued by the scholarship granting organization to a company to indicate the value of a contribution received. The division shall require a company to provide a copy of this receipt when claiming the tax credit established in this chapter. Prior to accepting any contribution from any company, the scholarship granting organization shall first verify with the division that the limit on the total amount of tax credits allowed pursuant to § 13-65-3 has not yet been reached for the current fiscal year. The scholarship granting organization shall report to the division the name of the insurance company, date, and amount for each contribution received from an insurance company seeking a tax credit pursuant to § 13-65-2 within thirty days of the date of the contribution.

Source: SL 2016, ch 102, § 8.
S.D. Codified Laws § 13-18-14 — SD Code / Title 13 / Chapter 18 / Section 13-18-14
Cancellation of check or warrant not presented for payment--Notation in register
Status: in_force

The school board may, by resolution, cancel any check or warrant that has not been presented for payment at any time within two years of the date on which the check or warrant was issued. Upon such resolution the business manager shall note the cancellation in the check or warrant register.

Source: SL 1976, ch 75, § 5.
S.D. Codified Laws § 13-16-3 — SD Code / Title 13 / Chapter 16 / Section 13-16-3
General fund defined
Status: in_force

The general fund of the school district is a fund provided by law to meet all the operational costs of the school district, excluding capital outlay fund and special education fund expenditures pursuant to § 13-13-37 , and to redeem all outstanding warrants against the general fund. Notwithstanding the provisions of § 13-16-6 , the general fund may be used to purchase or lease computer hardware and software. The general fund may be used to support a technical college and other career and technical education purposes.

Source: SL 1955, ch 41, ch 10, § 2; SDC Supp. 1960, § 15.2202; SL 1963, ch 74, § 2; SL 1964, ch 40; SL 1975, ch 128, § 101; SL 1987, ch 135, § 3; SL 1989, ch 146, § 2; SL 2003, ch 96, § 2; SL 2008, ch 80, § 1; SL 2014, ch 93, § 3, eff. Mar. 28, 2014; SL 2020, ch 61, § 39.
S.D. Codified Laws § 13-24-7 — SD Code / Title 13 / Chapter 24 / Section 13-24-7
Oil and gas leases not to interfere with school purposes
Status: in_force

All such leases and the occupancy thereunder of the lands leased shall not interfere materially with the purposes for which said lands are used and occupied by the school district.

Source: SL 1941, ch 72, § 2; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.
S.D. Codified Laws § 13-19-30 — SD Code / Title 13 / Chapter 19 / Section 13-19-30
Agreement for payment of amounts due but not yet paid--Trustee--Security interest perfected
Status: in_force

Any school district may enter into an agreement with the Health and Educational Facilities Authority and any financial institution acting as trustee or paying agent for bonds, leases, certificates, or other obligations, issued for the purpose of implementing § 13-19-29 . The agreement may contain such provisions as the authority deems necessary and may provide that the financial institution may act as trustee for the benefit of and on behalf of the authority and be held accountable as the trustee of an express trust for the application and disposition of the state aid under Title 13 and other funds or amounts pledged by any school district, including the income and proceeds therefrom, solely for the uses and purposes as provided in the agreement. A copy of the agreement and any revisions or supplements to it, shall be filed with the secretary of the Department of Education to perfect the lien and security interest of the authority in the state aid under Title 13 and other funds or amounts pledged by any school district. No filing, recording, possession, or other action under the uniform commercial code or any other law of this state may be required to perfect the lien and security interest of the authority. The lien and security interest of the authority is deemed perfected, and the trust for the benefit of the authority so created is binding as of the date when the school district makes such pledge, notwithstanding the time of the filing with the secretary of the Department of Education, against all parties having prior or subsequent liens, security interests, or claims of any kind in tort, in contract or otherwise.

Source: SL 1989, ch 146, § 9; SL 1999, ch 84, § 8; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 89, § 20.
S.D. Codified Laws § 13-13-10.5 — SD Code / Title 13 / Chapter 13 / Section 13-13-10.5
Student enrolled on partial basis--Effect on fall enrollment
Status: in_force

For purposes of state aid to education, a student enrolled pursuant to § 13-28-41 or 13-28-51 shall be counted in a school's fall enrollment as defined in § 13-13-10.1 in a proportion equal to the share of the student's enrollment in the school.

Source: SL 2007, ch 101, § 2; SL 2016, ch 83, § 6.
S.D. Codified Laws § 13-29-1.1 — SD Code / Title 13 / Chapter 29 / Section 13-29-1.1
School board may allow nonprofit civic organizations to use buses--Use by other organizations
Status: in_force

A school board may allow nonprofit civic organizations or other government entities to use vehicles owned by the school district to transport persons to various activities deemed by the school board to be in the public interest. A school board may adopt policies for the use of its vehicles by other organizations.

Source: SL 2000, ch 86, § 2.
S.D. Codified Laws § 13-6-17 — SD Code / Title 13 / Chapter 6 / Section 13-6-17
Plan incorporated in minutes--Distribution of copies--Approved plan binding--Superseding later plan
Status: in_force

The plan shall be made a part of the minutes of the school board of the school district, or districts; one copy shall be filed with the board of county commissioners in each county in which the territory of the proposed district, or districts, is located; and two copies shall be delivered to the secretary of the Department of Education. If the plan is approved by the secretary of the Department of Education, it shall be valid and binding upon the districts for a period not to exceed one year, providing one or more of the districts approved the plan in accordance with § 13-6-47 . However, if a different plan is presented to and approved by the secretary of the Department of Education, such approval shall supersede the last preceding approval.

Source: SL 1955, ch 41, ch 8, §§ 12, 16; SDC Supp 1960, §§ 15.2012, 15.2013; SL 1973, ch 85, § 12; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-42-69 — SD Code / Title 13 / Chapter 42 / Section 13-42-69
Duration of expedited certificate
Status: in_force

Any certificate issued pursuant to § 13-42-67 shall be limited for a period not to exceed the applicant's length of tour during the time the holder of the certificate continues to meet the eligibility requirements of § 13-42-67 . Nothing in this section prohibits the secretary from suspending or revoking the certificate for failure to fulfill the requirements of § 13-42-67 .

Source: SL 2013, ch 170, § 8; SL 2019, ch 167, § 8.
S.D. Codified Laws § 13-7-30 — SD Code / Title 13 / Chapter 7 / Section 13-7-30
Information regarding school elections to be provided in school board minutes
Status: in_force

For the most recent regular school election conducted in each school district as provided in § 13-7-10 , each school board shall provide in the school board minutes the following information:

(1) The number of registered voters of the school district on the date voter registration closes;

(2) The number of registered voters of the school district who voted in the election;

(3) The percentage of registered voters of the school district who voted in the election; and

(4) If the election was held in conjunction with a regular municipal election as provided in § 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3 .

If the regular election was not conducted because there was neither a contested vacancy on the school board nor any question submitted to the voters, the school board shall provide that information in the school board minutes.

Source: SL 2018, ch 91, § 1; SL 2023, ch 55, § 9.
S.D. Codified Laws § 13-26-12 — SD Code / Title 13 / Chapter 26 / Section 13-26-12
Requirements for voters signing petition
Status: in_force

Voters signing a referendum petition under § 13-26-9 shall comply with the same requirements provided for counties under § 7-18A-11 , and the petition shall be verified in the same manner as provided for counties in § 7-18A-12 .

Source: SL 1993, ch 133, § 5.
S.D. Codified Laws § 13-26-4.1 — SD Code / Title 13 / Chapter 26 / Section 13-26-4.1
In-service training
Status: in_force

The school board may designate a maximum of 5.5 hours of the 16.5 session hours provided for in § 13-26-4 as in - service teacher training.

Source: SL 1980, ch 132; SL 1985, ch 129, § 3; SL 1986, ch 122, §§ 1, 5; SL 2003, ch 99, § 2.
S.D. Codified Laws § 13-35-7 — SD Code / Title 13 / Chapter 35 / Section 13-35-7
State health inspection requirements
Status: in_force

Any site operated for the preparation of meals for children as part of a school food service program shall have a minimum of two state health inspections every school year.

Source: SL 1999, ch 89, § 1; SL 2008, ch 83, § 1.
S.D. Codified Laws § 13-51A-9 — SD Code / Title 13 / Chapter 51A / Section 13-51A-9
Registration of interim notes--Interest payments--Redemption
Status: in_force

The board may provide for the registration of the notes in the name of the owner either as to principal alone, or as to both principal and interest, on such terms and conditions as the board may determine by the resolution authorizing their issue. Interest on the notes may be made payable semiannually, annually or at maturity. The notes may be made redeemable, prior to maturity, at the option of the board, in the manner and upon the terms fixed by the resolution authorizing their issuance.

Source: SL 1971, ch 134, § 4 (D).
S.D. Codified Laws § 13-55-34 — SD Code / Title 13 / Chapter 55 / Section 13-55-34
Continuing eligibility requirements for scholarship recipients
Status: in_force

In order to maintain eligibility, a student shall:

(1) Maintain a cumulative 3.0 grade point average on a 4.0 scale. Cumulative grade point average shall be calculated after the second semester and every semester thereafter. The student shall complete consecutive spring and fall terms in order to remain eligible for continuation of the scholarship program from term to term. A student whose cumulative grade point average falls below 3.0 on a 4.0 scale shall forfeit the scholarship for the subsequent semester and for subsequent semesters until the student has reestablished eligibility. To reestablish eligibility, the student shall comply with all course load, enrollment, and proficiency examination requirements for continued eligibility stated in §§ 13-55-30 to 13-55-35 , inclusive, and the student shall achieve a cumulative grade point average of 3.0, or greater, on a 4.0 scale. The scholarship shall be reinstated beginning the semester following that in which the student achieves a cumulative grade point average of 3.0, or greater, on a 4.0 scale. Reinstatement of a scholarship does not extend the time allowed under the scholarship program; any scholarship award forfeited cannot be reclaimed after a student has regained eligibility. A student whose cumulative grade point average falls below 3.0 on a 4.0 scale a second time forfeits the scholarship for all subsequent semesters; and

(2)(a) Enroll in and complete at least fifteen credit hours of instruction in each consecutive spring and fall term if the student completed ninth grade prior to the 2010-2011 school year; or

(b) Enroll in and complete at least thirty credit hours of instruction in each academic year if the student completed ninth grade in the 2010-2011 school year or thereafter. For purposes of this subdivision, an academic year consists of consecutive fall and spring terms.

Earn thirty credit hours prior to the beginning of the second year of instruction, sixty credit hours prior to the beginning of the third year of instruction, and ninety credit hours prior to the fourth year of instruction. If the executive director of the Board of Regents determines that a student's failure to enroll or to maintain continued enrollment occurred as a direct result of legitimate factors outside the student's control, or has resulted from the student's participation in an activity that in the executive director's judgment provides knowledge or experience that will enhance the student's academic pursuits, the executive director may extend the student's eligibility to participate in the program for up to two additional years, if the student does not enroll in a noneligible institution.

Source: SL 2003, ch 110, § 5; SL 2008, ch 88, § 2; SL 2010, ch 96, § 4; SL 2010, ch 97, § 1.
S.D. Codified Laws § 13-33A-3 — SD Code / Title 13 / Chapter 33A / Section 13-33A-3
Liability insurance
Status: in_force

The governing board of a school system shall provide the school system and its employees with liability insurance to cover actions authorized by this chapter.

Source: SL 1993, ch 144, § 3.
S.D. Codified Laws § 13-39-19 — SD Code / Title 13 / Chapter 39 / Section 13-39-19
Distribution of state and federal funds to schools--State treasurer custodian of money from federal appropriations
Status: in_force

The secretary of education may distribute funds appropriated to the department by the Legislature or granted by any federal agency to the state in accordance with chapter 4-8B , for career and technical education in public secondary and technical colleges in the state in accordance with a state plan or plans adopted by the South Dakota Board of Education Standards or the South Dakota Board of Technical Education. The aid disbursed to the different schools of the state and all expenses incurred in the administration of the provisions of any federal acts relating to career and technical education shall be paid out of the funds of the secretary appropriated for that purpose and from the federal funds allotted to the State of South Dakota for similar purposes. The state treasurer is the custodian of all money paid to the state from federal appropriations for the purpose of career and technical education and shall disburse the funds on warrants issued by the state auditor upon vouchers approved by the director. The secretary of education shall authorize the director to submit vouchers to the state auditor for the amount payable as state and federal aid to each school approved under the provisions of this chapter. Upon receipt of the vouchers, the state auditor shall draw warrants on the state treasury in favor of the treasurer of the public secondary and technical college for the sum approved by the secretary.

Source: SL 1965, ch 37, § 2 (6); SL 1978, ch 118; SL 1982, ch 147, § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 20; SL 2017, ch 81, § 45; SL 2020, ch 61, § 45.
S.D. Codified Laws § 13-55-37 — SD Code / Title 13 / Chapter 55 / Section 13-55-37
Hagen-Harvey memorial scholarship program established
Status: in_force

Pursuant to the donation and intent of Minerva I. Harvey, deceased August 25, 1999, as expressed by Article 2 of her Last Will and Testament and presented for probate in the State of New Jersey, Gloucester County Surrogate's Court, there is hereby established within the Department of Education the Richard Hagen - Minerva Harvey memorial scholarship program.

Source: SL 2003, ch 109, § 1; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-33B-2 — SD Code / Title 13 / Chapter 33B / Section 13-33B-2
Consideration of pupil's specific communication needs
Status: in_force

The individualized education program shall consider the specific communication needs of the pupil, including all of the following:

(1) The pupil's individual communication mode and language;

(2) A sufficient number of age, cognitive, and language peers of similar abilities. However, nothing in this subdivision may be construed to require that a specific number of peers be provided;

(3) Appropriate, direct, and ongoing language access to special education teachers and interpreters and other specialists who are proficient in the pupil's primary language mode; and

(4) Language accessible services and school and extracurricular activities.

Source: SL 1993, ch 143, § 2.
S.D. Codified Laws § 13-24-2 — SD Code / Title 13 / Chapter 24 / Section 13-24-2
Eminent domain power for acquisition of school land--Resolution and action by school board
Status: in_force

In the purchase of any land lawfully authorized, as provided in § 13-24-1 , in case the school board is unable to agree with the owners of such land on the purchase price thereof, the board is authorized to damage, acquire, and condemn such private property for the public purposes authorized by this chapter, and to pay for such damage and condemnation out of the capital outlay fund. When such board shall deem it necessary to take, damage, and condemn any private property for any of the purposes authorized by this section, it shall by proper resolution declare the necessity of such damaging, taking, or condemnation, stating the purposes and extent thereof, and thereupon the proceedings to take, damage, or condemn such property shall be had, as provided generally by law for the taking or damaging of private property for public purposes, in the name of the school district as plaintiff.

Source: SL 1945, ch 67; SL 1955, ch 41, ch 11, § 2; SDC Supp 1960, § 15.2102.
S.D. Codified Laws § 13-13-74 — SD Code / Title 13 / Chapter 13 / Section 13-13-74
Monthly payments of aid to public schools--Adjustment for deductions for delinquent payments
Status: in_force

Except as provided in §§ 13-19-29 and 13-13-39 , payment from funds provided in aid of the public schools in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first to December thirty-first, inclusive, the total of the six payments shall be one-half of local need of current school fiscal year less local effort for the period July first to December thirty-first, inclusive. For the period January first to June thirtieth, inclusive, the total of the six payments shall be one-half of local need of current school fiscal year less local effort for the period January first to June thirtieth, inclusive. Any amounts paid to the Health and Educational Facilities Authority or a financial institution designated pursuant to § 13-13-39 shall be deducted from the amounts otherwise payable in a fiscal year to a school district under this section and the department shall adjust the monthly installments to be paid to the school district for the remainder of the fiscal year.

Source: SL 1995, ch 94, § 40; SL 1999, ch 84, § 2; SL 2015, ch 90, § 4.
S.D. Codified Laws § 13-43-6 — SD Code / Title 13 / Chapter 43 / Section 13-43-6
Contents of contract of employment--Distribution of copies--Duration
Status: in_force

The contract shall specify the date at or about which the school shall begin, the term of employment, the wages per month, and the time of payment thereof; such contract shall be signed in duplicate and one copy filed in the office of the business manager and the other retained by the teacher. Such contract may be issued covering any period of years, not to exceed three, over which a teacher holds a certificate which will remain valid without renewal.

Source: SDC 1939, § 15.3801; SL 1939, ch 49; SL 1955, ch 41, ch 16, § 8; SDC Supp 1960, § 15.3808; SL 1975, ch 128, § 307.
S.D. Codified Laws § 13-51A-18 — SD Code / Title 13 / Chapter 51A / Section 13-51A-18
Covenant against debt or charge endangering income pledged to bond retirement
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 that so long as any of the bonds issued under this chapter shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined, voluntarily create or cause to be created any debt, lien, mortgage, pledge, assignment, encumbrance, or other charge having priority to the lien of the bonds issued under this chapter upon any of the income and revenues derived from:

(1) All fees, rentals, and other charges from students, staff members, and others using or being served by, or having the right to use or the right to be served by, or to operate, any project;

(2) All health, hospital, medical, laboratory, admission, student activities, student services, and all other fees collected from students matriculated, registered, or otherwise enrolled at and attending each such institution; and

(3) All rentals from any facility or building leased to the United States of America.

Source: SL 1971, ch 134, § 5, subdiv 6 (i).
S.D. Codified Laws § 13-55-40 — SD Code / Title 13 / Chapter 55 / Section 13-55-40
Scholarship award payments--Amounts
Status: in_force

Scholarship award payments shall be made to the institution at the beginning of the fall or spring semester on behalf of the eligible student who has received a Richard Hagen-Minerva Harvey memorial scholarship. The amount of the award is as follows:

(1) Not less than one thousand dollars for the first year of attendance;

(2) Not less than one thousand dollars for the second year of attendance;

(3) Not less than one thousand five hundred dollars for the third year of attendance; and

(4) Not less than two thousand five hundred dollars for the fourth year of attendance.

However, the total amount of awards in any year may not invade the principal investment referenced in § 13-55-37 .

Source: SL 2003, ch 109, § 4; SL 2014, ch 97, § 1.
S.D. Codified Laws § 13-53-29.1 — SD Code / Title 13 / Chapter 53 / Section 13-53-29.1
Resident tuition--Veterans--Armed forces personnel--Spouse or child
Status: in_force

The following are classified as resident students without having to meet the twelve-month residency requirement within South Dakota pursuant to § 13-53-24 :

(1) Any person who is a veteran as defined in § 33A-2-1 or 33A-2-2 ;

(2) Any person who is an active duty member of the armed forces;

(3) The spouse or child of a veteran who has established residency in this state; and

(4) The spouse or child of an active duty member of the armed forces.

Source: SL 2012, ch 101, § 1; SL 2015, ch 107, § 1; SL 2021, ch 81, § 1.
S.D. Codified Laws § 13-56-5 — SD Code / Title 13 / Chapter 56 / Section 13-56-5
Public credit not pledged for student loan program
Status: in_force

The credit of the state, or any of its departments or subdivisions, shall never be encumbered or obligated, under the provisions of this chapter, or in any of its operations or applications.

Source: SL 1966, ch 210, § 6; SL 1978, ch 130, § 4.
S.D. Codified Laws § 13-51A-30 — SD Code / Title 13 / Chapter 51A / Section 13-51A-30
Deposit of bond proceeds and revenues--Security--Disbursement
Status: in_force

Notwithstanding the provisions of any other law, no moneys derived from the sale of bonds issued under the provisions of this chapter, or pledged or assigned to or in trust for the benefit of the holder or holders thereof, shall be required to be paid into the state treasury but shall be deposited by the treasurer or other fiscal officer of the board in such bank or banks or trust company or trust companies as may be designated by the board, and all deposits of such moneys shall, if required by the board, be secured by obligations of the United States of America, of a market value equal at all times to the amount of such moneys on deposit. Such moneys shall be disbursed as may be directed by the board and in accordance with the terms of any agreements with the holder or holders of any bonds.

Source: SL 1971, ch 134, § 7.
S.D. Codified Laws § 13-39A-17 — SD Code / Title 13 / Chapter 39A / Section 13-39A-17
Accreditations
Status: in_force

The board shall monitor and support institutional and program accreditation, compliance with the accreditation standards of the Higher Learning Commission, and other approved industry accreditations.

Source: SL 2017, ch 81, § 17.
S.D. Codified Laws § 13-18-11 — SD Code / Title 13 / Chapter 18 / Section 13-18-11
Register of warrants not paid for want of funds--Payment in order of registration
Status: in_force

The business manager shall keep a register of all registered warrants endorsed as provided by § 13-18-9 and all such registered warrants shall be paid in the order of registration.

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, § 115.
S.D. Codified Laws § 13-16-6.2 — SD Code / Title 13 / Chapter 16 / Section 13-16-6.2
Capital outlay certificates authorized--Issuance--Sale--Election--Maturity
Status: in_force

The school board of any school district may issue capital outlay certificates to acquire or construct real property, plant, or equipment. All capital outlay certificates shall be authorized, issued, and sold in accordance with the provisions of chapter 6-8B . However, no election other than as provided in §§ 13-16-6.3 and 13-16-6.4 may be held, and the certificates may not have a maturity date in excess of twenty years from the date of issuance.

Source: SDCL, §§ 13-16-6 , 13-16-6.1 , as enacted by SL 1978, ch 109, §§ 1, 2; SL 1984, ch 43, § 102B; SL 1988, ch 140, § 4.
S.D. Codified Laws § 13-8-2 — SD Code / Title 13 / Chapter 8 / Section 13-8-2
Composition and terms of office of school board members--Resolution for term length change--Joint school-primary elections--Notice and hearing
Status: in_force

A school board consists of five, seven, or nine members whose terms are from one to three years initially, and three years thereafter; provided that each school board member is entitled to complete the term of office to which the member was elected. A school board may, by resolution, increase the length of terms from three to four years or decrease the length of terms from three to two years for the purpose of holding joint elections pursuant to § 13-7-10.3 . Terms may not be increased or decreased unless the school board conducts a public hearing thereon, after having given notice of the hearing by publication at least twice in its official newspaper at least ten days before the hearing. At the hearing, the board may approve the resolution or may refer the matter to the voters of the district.

Source: SDC 1939, § 15.2507; SL 1955, ch 41, ch 9, § 2; SL 1957, ch 64, § 1; SDC Supp 1960, § 15.2302; SL 1965, ch 49, § 1; SL 1968, ch 45, § 1; SL 1972, ch 93, § 1; SL 1973, ch 86, § 2; SL 1973, ch 87, § 1; SL 2023, ch 55, § 1.
S.D. Codified Laws § 13-65-11 — SD Code / Title 13 / Chapter 65 / Section 13-65-11
Applicability of chapter
Status: in_force

For the 2024-2025 school year and 2025 fiscal year tax credits, each scholarship granting organization shall:

(1) File the report required by § 13-65-4 by July 1, 2024; and

(2) Complete all participation agreements required by § 13-65-4.1 by July 1, 2024.

The division shall authorize the 2024 maximum allowable tax credit for each scholarship granting organization on July 1, 2024, for fiscal year 2025, using the certified enrollment from the 2023-2024 school year.

Source: SL 2016, ch 102, § 11; SL 2024, ch 66, § 6.
S.D. Codified Laws § 13-43-6.6 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.6
Right to termination on statutory grounds not limited by collective bargaining agreement--Protection of teacher not limited
Status: in_force

Although a collective bargaining agreement between a district and its teachers may set forth specific additional grounds for termination or set forth provisions as to the procedure or notice, no agreement may limit the district's right to terminate a teacher for the grounds set forth in §§ 13-43-6.1 to 13-43-6.3 , inclusive. No agreement may limit the protection afforded to a teacher under § 13-43-6.5 .

Source: SL 1995, ch 87, § 75F.
S.D. Codified Laws § 13-53-54 — SD Code / Title 13 / Chapter 53 / Section 13-53-54
Programs to increase enrollment, retention, and support for students who are tribal members
Status: in_force

The Board of Regents is hereby authorized to develop programs to increase enrollment and improve retention and student supports for any student who is a member of one of the nine federally recognized tribes in South Dakota at state institutions, including exploration of tuition assistance or waiver programs.

The Board of Regents shall report to the Legislature by July first of each year on the activities and progress made in regard to this section, beginning July 1, 2020.

Source: SL 2019, ch 95, § 1.
S.D. Codified Laws § 13-51A-12 — SD Code / Title 13 / Chapter 51A / Section 13-51A-12
Payment of interim notes on issuance of bonds
Status: in_force

Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent financing and such interim notes shall be surrendered and canceled.

Source: SL 1971, ch 134, § 4 (D).
S.D. Codified Laws § 13-48-38.1 — SD Code / Title 13 / Chapter 48 / Section 13-48-38.1
Annual renewal of certificate of authorization
Status: in_force

Except as provided in section § 13-48-38 , each certificate of authorization expires on the first day of July following the date of issue. The secretary shall annually renew the certificate of any postsecondary institution that:

(1) Continues to meet the requirements in subdivisions 13-48-37(1) and (2);

(2) Has not been ordered to cease operations in the state pursuant to § 13-48-40 ; and

(3) Has filed with the secretary on or before the first day of July of each year an application for renewal, on a form prescribed by the secretary, and paid a renewal fee of two hundred fifty dollars.

Source: SL 2018, ch 103, § 3.
S.D. Codified Laws § 13-5-2 — SD Code / Title 13 / Chapter 5 / Section 13-5-2
Types of school districts abolished--New boards for former superimposed districts
Status: in_force

All types of school districts existing before July 1, 1976, are hereby abolished. Each independent and superimposed school district with its present boundaries shall hereby become a school district as defined in this chapter. Board members of former independent school districts shall continue to serve until their terms expire except the former superimposed school districts shall constitute a new school district entity and the election of a new school board shall occur as provided in chapter 13-6 .

Source: SDC 1939, § 15.2001; SL 1955, ch 41, ch 8, § 2; SDC Supp 1960, § 15.2002; SL 1963, ch 69, § 2; SL 1974, ch 125, § 1; SL 1975, ch 128, § 27.
S.D. Codified Laws § 13-35-5 — SD Code / Title 13 / Chapter 35 / Section 13-35-5
Accounting for funds
Status: in_force

School districts shall account for such funds within the authorized fund structure as provided in chapter 13-16 .

Source: SL 1955, ch 41, ch 11, § 8; SDC Supp 1960, § 15.2108 (3); SL 1975, ch 128, § 225.
S.D. Codified Laws § 13-7-19.4 — SD Code / Title 13 / Chapter 7 / Section 13-7-19.4
Compensation of recount board
Status: in_force

In school district election recounts there shall be paid out of the general fund of the school district to the members of the recount board compensation set by the school board, to be not less than the minimum wage established by § 60-11-3 .

Source: SL 1982, ch 134, § 3.
S.D. Codified Laws § 13-51A-39 — SD Code / Title 13 / Chapter 51A / Section 13-51A-39
Establishment and collection of fees
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 fix, maintain, and collect:

(1) Fees, rentals, and other charges from students, staff members, and others using or being served by, or having the right to use or the right to be served by, or to operate any project;

(2) Health, hospital, medical, laboratory, admission, student activities, student services, and all other fees collected from students matriculated, registered or otherwise enrolled at and attending each such institution; and

(3) Rentals from any facility or building leased to the United States of America,

Source: SL 1971, ch 134, § 5, subdiv 1.
S.D. Codified Laws § 13-53-45 — SD Code / Title 13 / Chapter 53 / Section 13-53-45
Confidentiality of information--Restrictions
Status: in_force

The Board of Regents shall treat all information disclosed pursuant to §§ 13-28-50 and 13-53-45 as confidential and subject to the same restrictions that apply to personally identifiable information involving any student enrolled in the universities or special schools.

Source: SL 2002, ch 89, § 2.
S.D. Codified Laws § 13-16-18.1 — SD Code / Title 13 / Chapter 16 / Section 13-16-18.1
Domestic federal credit union as public depository--Requirement
Status: in_force

Any domestic federal credit union chartered by the United States is a qualified public depository for school district funds if such funds are invested in accounts which are insured by the National Credit Union Administration.

Source: SL 1987, ch 71, § 3; SL 1988, ch 27, § 2.
S.D. Codified Laws § 13-43-40 — SD Code / Title 13 / Chapter 43 / Section 13-43-40
Appointment of commission members--Terms
Status: in_force

The members of the Professional Administrators 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 five members may expire in any one year. The terms of all members shall be three years and shall terminate on December thirty - first or when a successor is appointed and qualified. No member of the commission may succeed himself more than once and subsequent appointments to the commission shall be made in a manner to be designated by the Governor.

Source: SL 1985, ch 139, § 5.
S.D. Codified Laws § 13-1-39 — SD Code / Title 13 / Chapter 1 / Section 13-1-39
State board recommendations to Governor and Legislature
Status: in_force

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

Source: SL 1955, ch 41, ch 1, § 3; SDC Supp 1960, § 15.0803 (5); SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-13-72.1 — SD Code / Title 13 / Chapter 13 / Section 13-13-72.1
Adjustment to certain levies
Status: in_force

In 2028 and each year thereafter, any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local effort and state aid shall be adjusted annually to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1 . However, if the levies specified in § 10-12-42 are not adjusted to maintain this relationship, the target teacher salary, as defined in § 13-13-10.1 shall be reduced to maintain the relationship between statewide local effort as a percentage of statewide local need.

Source: SL 2001, ch 79, § 1; SL 2007, ch 94, § 1; SL 2008, ch 78, § 1; SL 2009, ch 77, § 1; SL 2011, ch 90, § 3; SL 2015, ch 39, § 16; SL 2016, ch 83, § 8; SL 2026, ch 44, § 4.
S.D. Codified Laws § 13-39-50 — SD Code / Title 13 / Chapter 39 / Section 13-39-50
Voting by center board members--Quorum--Majority required for action
Status: in_force

Each center board member shall be entitled to one vote. A majority of the members of a center board shall constitute a quorum. Any motion or resolution may be adopted only by a majority vote of the members of the center board.

Source: SL 1973, ch 123, § 11.
S.D. Codified Laws § 13-43-48 — SD Code / Title 13 / Chapter 43 / Section 13-43-48
Reprimand or disciplinary action for administrator misconduct--Procedure
Status: in_force

After notice and hearing as a contested case under the provisions of chapter 1-26 , if the Professional Administrators Practices and Standards Commission determines that an administrator has engaged in conduct referenced in § 13-42-9 or 13-42-10 , the commission may issue a public or private reprimand or impose other appropriate disciplinary action which is in the best interests of the commission, the certificate holder, and the public. The commission does not have the authority to deny, not renew, suspend, or revoke a certificate.

The commission has the powers conferred by §§ 1-26-19.1 and 1-26-19.2 , and the certificate holder and the certificate holder's attorney also have available the provisions of those sections. The commission may promulgate rules, pursuant to chapter 1-26 , to further define other appropriate disciplinary action referenced in this section. Any member reprimanded or disciplined by the commission pursuant to this section may appeal to circuit court as provided by chapter 1-26 .

Source: SL 1985, ch 139, § 13; SL 2015, ch 98, § 24.
S.D. Codified Laws § 13-49-20.8 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.8
Violation of contract by student--Repayment of tuition awards--Damages
Status: in_force

If the state treasurer determines that the recipient of a veterinary medicine tuition award authorized by this chapter has violated the provisions of the contract, the recipient shall repay the amount of the tuition awards and pay such damages as may be determined by any circuit court in this state in which a civil action may be brought by the state treasurer. If the recipient is required to repay tuition awards and interest, the recipient shall do so no later than five years after the state treasurer has determined a violation of the agreement has occurred.

Source: SL 1991, ch 157, § 7; SL 2007, ch 109, § 17.
S.D. Codified Laws § 13-57-3.2 — SD Code / Title 13 / Chapter 57 / Section 13-57-3.2
Indian studies center recognized--Purposes
Status: in_force

The Legislature hereby recognizes the center for Indian studies which is a division of the University of South Dakota and is under the control of the Board of Regents. The purposes of the center for Indian studies are to provide persons of Indian descent with educational opportunities both on and off the campus of the University of South Dakota and to provide to all persons the opportunity to research and study the history, culture, and language of the Indians of North America and South Dakota.

Source: SL 1974, ch 142, § 1.
S.D. Codified Laws § 13-13-10.4 — SD Code / Title 13 / Chapter 13 / Section 13-13-10.4
Enrolled student defined
Status: in_force

For the purposes of § 13-13-10.1 , a student is enrolled if:

(1) The student is less than twenty-one years of age on the first day of July or meets the requirements of § 13-28-5 and 13-28-6 ;

(2) The student has not completed an approved program or graduated from high school;

(3) The student's parent or guardian resides within the school district, or in the case of an emancipated minor the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in § 13-28-40 ; and

(4) The student is not simultaneously enrolled in any other school district and has not been excused from school attendance under the terms of § 13-27-1.1 or 13-27-2 .

Source: SL 2006, ch 77, § 1; SL 2016, ch 83, § 5.
S.D. Codified Laws § 13-65-4 — SD Code / Title 13 / Chapter 65 / Section 13-65-4
Requirements for scholarship granting organizations
Status: in_force

Each scholarship granting organization shall:

(1) Annually notify the division of its intent to provide educational scholarships to eligible students attending qualifying schools;

(2) Demonstrate to the division that it has been granted exemption from the federal income tax pursuant to section 501(c)(3) of the Internal Revenue Code;

(3) Distribute periodic scholarship payments from the educational scholarship fund account as checks made out to an eligible student's parent and mailed to the qualifying school where the eligible student is enrolled. The parent shall endorse the check before it may be deposited;

(4) Annually collect written documentation, from each qualifying school that accepts educational scholarship payments, verifying the school is accredited by the Department of Education;

(5) Provide a division-approved receipt to companies for contributions made to the scholarship granting organization;

(6) Ensure that at least ninety percent of its revenue from contributions is spent on educational scholarships, and that all revenue from interest or investments is spent on scholarships;

(7) Carry forward no more than twenty-five percent of its revenue from contributions in the educational scholarship fund account from the fiscal year in which they were received to the next fiscal year. Contributions that are not carried forward must be remitted to the division;

(8) Submit to the division the names and addresses of all board members and documentation validating that criminal background checks have been conducted on all of its employees and board members, and exclude any employee or board member from employment or governance who might reasonably pose a risk to the appropriate use of contributed funds;

(9) Ensure that scholarships are portable during the school year and can be used at any qualifying school to which the scholarship granting organization grants scholarships and that accepts the eligible student according to a parent's wishes. If a student moves to a new qualifying school during a school year, the scholarship amount may be prorated;

(10) Report to the division by June first of each year the following information, prepared by a certified public accountant, regarding its contributions in the previous calendar year and the scholarship awards in the current fiscal year:

(a) The name and address of each contributing company;

(b) The total number and total dollar amount of contributions received from each company; and

(c) The total number and total dollar amount of educational scholarships awarded to eligible students, the total number and total dollar amount of educational scholarships awarded to low-income eligible students, and the percentage of first-time recipients of educational scholarships who were enrolled in a public school in the prior school year;

(11) Report to the division by December fifteenth of each year, in a format prescribed by the director, information regarding schools entering into participation agreements with the scholarship granting organization, including school names and school certified enrollment as provided by the Department of Education on the Department of Education's website;

(12) Maintain a board that consists of at least five members, each of whom must be a resident of this state; and

(13) Maintain and staff a physical location in the state to meet with and provide service to qualifying schools.

Any donation received that is not awarded a tax credit pursuant to § 13-65-2 is not subject to subdivisions (5) to (7), inclusive, of this section.

Source: SL 2016, ch 102, § 4; SL 2018, ch 107, § 2; SL 2024, ch 66, § 2.
S.D. Codified Laws § 13-16-9.1 — SD Code / Title 13 / Chapter 16 / Section 13-16-9.1
Validation of prior school district contracts
Status: in_force

All contracts and agreements entered into prior to January 1, 1988, by any school district under the provisions of § 13-16-6 , that have resulted in the acquisition of fixed assets or addition to fixed assets, provided the amounts involved do not result in the creation of indebtedness in excess of constitutional or statutory debt limits, are hereby legalized and validated notwithstanding any irregularity or defect in the proceedings resulting in the contracts and agreement; and all of the contracts and agreements are hereby declared to exist as valid obligations of the school districts, payable from their capital outlay funds.

Source: SL 1973, ch 90; SL 1983, ch 128, § 1; SL 1988, ch 139, § 1.
S.D. Codified Laws § 13-24-17.2 — SD Code / Title 13 / Chapter 24 / Section 13-24-17.2
Right to post flag--Opportunity to recite pledge of allegiance--National anthem
Status: in_force

The right to post the United States flag shall not be limited or infringed upon in any public school classroom, public school building, at any public school event, or on any public school uniform. Each school district shall provide students the opportunity to salute the United States and the flag each day by reciting the pledge of allegiance to the flag of the United States. A student may choose not to participate in the salute to the United States and the flag. However, a student who does not participate in the salute shall maintain a respectful silence during the salute. The national anthem may be sung during any school day or school event.

Source: SL 2002, ch 87, § 1; SL 2014, ch 82, § 1.
S.D. Codified Laws § 13-51A-7 — SD Code / Title 13 / Chapter 51A / Section 13-51A-7
Security for payment of interim notes--Sources of payment
Status: in_force

All such notes and the interest thereon may be secured by a pledge of any income and revenue derived by the institution from the project (subject to the prior payment of the operation and maintenance expenses of any project) to be undertaken with the proceeds of the notes and shall be payable solely from such income and revenue and from the proceeds to be derived from the sale of any revenue bonds for permanent financing authorized to be issued under this chapter, and from the project acquired with the proceeds of the notes.

Source: SL 1971, ch 134, § 4 (D).
S.D. Codified Laws § 13-37-31 — SD Code / Title 13 / Chapter 37 / Section 13-37-31
Competency of braille instructors--Promulgation of rules
Status: in_force

The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 governing the determination of the competency of braille instructors according to their education or experience.

Source: SL 1991, ch 152, § 3; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-6-85.4 — SD Code / Title 13 / Chapter 6 / Section 13-6-85.4
Petition to transfer land on closing of rural attendance center
Status: in_force

If a school district proposes to close a rural attendance center, any landowner who has students attending the attendance center that is proposed to be closed may petition the school board to transfer their land to an adjacent school district with a common boundary with the landowner. Notwithstanding any other provision of law, a decision by a school board to reject the petition, in total or in part, does not create a cause of action against the school district or school board, or constitute grounds for an appeal pursuant to § 13-46-1 . For the purposes of this chapter, a rural attendance center is an attendance center that is at least ten miles from the corporate limits of any incorporated municipality.

Source: SL 2016, ch 82, § 11.
S.D. Codified Laws § 13-53-7 — SD Code / Title 13 / Chapter 53 / Section 13-53-7
Degrees and honors conferred by board--Faculty recommendation
Status: in_force

The Board of Regents is authorized to confer all scholastic honors and degrees usually granted by such boards; and all degrees, diplomas, and certificates of graduation shall be issued and conferred in its name and by its express authority. In conferring degrees the board shall conform as nearly as may be to the best and most reputable current practice in such matters. Students shall be graduated from each institution by the Board of Regents upon recommendation of the faculty of such institution.

Source: SDC 1939, § 15.0719.
S.D. Codified Laws § 13-32-20 — SD Code / Title 13 / Chapter 32 / Section 13-32-20
Policy for school district employees on use of restraint and seclusion
Status: in_force

The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions:

(1) A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion;

(2) A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and

(3) A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.

Source: SL 2018, ch 99, § 1.
S.D. Codified Laws § 13-63-1 — SD Code / Title 13 / Chapter 63 / Section 13-63-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Account," an account established as prescribed in this chapter;

(2) "Account owner," the person who, under this chapter or rules promulgated by the council pursuant to chapter 1-26 , is entitled to select or change the designated beneficiary of an account, to designate any person other than the designated beneficiary to whom funds may be paid from the account, or to receive distributions from the account if no such other person is designated;

(3) "Cash," currency, bills, and coins in circulation. A negotiable instrument may be converted to cash if properly endorsed and presented to a financial institution for deposit. An automatic transfer, cashier's check, certified check, money order, payroll deposit, traveler's check, personal check, and wire transfer may also be converted to cash if presented to a financial institution for deposit;

(4) "Contribution," any payment directly allocated to an account for the benefit of a designated beneficiary or used to pay late fees or administrative fees associated with an account, and that portion of any rollover amount treated as a contribution under section 529 of the Internal Revenue Code;

(5) "Contributor," any person making a contribution to an account;

(6) "Council," the South Dakota Investment Council;

(7) "Designated beneficiary," except as provided in § 13-63-25 , the individual designated at the time the account is opened as the individual whose higher education expenses are expected to be paid from the account or, if this designated beneficiary is replaced in accordance with § 13-63-12 , 13-63-13 , or 13-63-14 , the replacement beneficiary;

(8) "Eligible education institution," as defined in section 529(e)(5) of the Internal Revenue Code;

(9) "Financial institution," any bank, commercial bank, national bank, savings bank, savings and loan association, credit union, an insurance company, brokerage firm, or other similar entity that is authorized to do business in this state;

(10) "Investment direction," specifying or attempting to specify the particular financial instruments or ownership interests either individually, or within a fund family or other group of financial instruments or ownership interests held as an investment group, into which the contributions or earnings are invested. Selecting an initial type of investment program if more than one program is offered does not constitute an investment direction;

(11) "Internal Revenue Code," the United States Internal Revenue Code (January 1, 2026);

(12) "Member of the family," as defined in section 529(e)(2) of the Internal Revenue Code;

(13) "Person," an individual, a corporation, a partnership, a trust or estate, a joint-stock company, an association, or a syndicate, group, pool, joint venture, or other unincorporated organization or group;

(14) "Program," the higher education savings program established under this chapter;

(15) "Program manager," any financial institution selected by the council to act as the depository and manager for an account;

(16) "Qualified higher education expenses," as defined in section 529(e)(3) of the Internal Revenue Code;

(17) "Qualified tuition program," as defined in section 529(b) of the Internal Revenue Code; and

(18) "Rollover," a disbursement or transfer from an account of a designated beneficiary that is transferred to or deposited within sixty days into an account of the same designated beneficiary or another individual who is a member of the family of the designated beneficiary, if the transferee account was created under this chapter or under a qualified tuition program maintained by another state in accordance with section 529 of the Internal Revenue Code, or any other rollover allowed by section 529 of the Internal Revenue Code.

Source: SL 2001, ch 97, § 1; SL 2002, ch 94, § 7; SL 2022, ch 49, § 1; SL 2023, ch 63, § 1; SL 2024, ch 65, § 1; SL 2025, ch 87, § 1; SL 2026, ch 88, § 1.
S.D. Codified Laws § 13-51A-26 — SD Code / Title 13 / Chapter 51A / Section 13-51A-26
Validity of bonds despite expiration of terms of officers--Irregularities in proceedings
Status: in_force

The bonds bearing the signatures of officers of the board in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be such officers. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire any project financed by the bonds, or to refund outstanding bonds, or taken in connection therewith.

Source: SL 1971, ch 134, § 8.
S.D. Codified Laws § 13-53-52 — SD Code / Title 13 / Chapter 53 / Section 13-53-52
Discrimination based on content or viewpoint of expressive activity prohibited
Status: in_force

A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.

An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose, as defined by the organization.

Source: SL 2019, ch 94, § 4.
S.D. Codified Laws § 13-3-51.6 — SD Code / Title 13 / Chapter 3 / Section 13-3-51.6
Disclosure of aggregate data necessary for impact aid
Status: in_force

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

Source: SL 2014, ch 76, § 7.
S.D. Codified Laws § 13-47-18 — SD Code / Title 13 / Chapter 47 / Section 13-47-18
Lease arrangements for sharing cost of operating facilities
Status: in_force

The board shall have the power and duty to enter into contractual agreements for the purpose of sharing through lease arrangements the cost of operating facilities with federal, state, or political subdivisions, and private persons, organizations, or associations.

Source: SL 1965, ch 67, § 5 as added by SL 1968, ch 59.
S.D. Codified Laws § 13-39A-3 — SD Code / Title 13 / Chapter 39A / Section 13-39A-3
Political party membership
Status: in_force

No more than six members of the board may be members of the same political party.

Source: SL 2017, ch 81, § 3.
S.D. Codified Laws § 13-28-15 — SD Code / Title 13 / Chapter 28 / Section 13-28-15
Assignment of elementary students within district--Factors considered--Review of board's decision
Status: in_force

Every school board shall make assignment and distribution of all students with school residence within the district. The board shall take into consideration in assigning and distributing students its duty to provide an education within the guidelines of the State Board of Education Standards' accreditation rules, the wishes of the parents or guardians of the child being assigned and the district patrons, the miles and time involved in transporting the child to school, and the educational and financial impact on the district. Any patron who is aggrieved by a decision of the school board may request a hearing within thirty days before the secretary of the Department of Education or his representative. If the Department of Education has not rendered a decision within thirty days following final submission of the appeal, the board's decision is affirmed.

Source: SDC 1939, § 15.3006; SL 1945, ch 61; SL 1953, ch 63, § 1; SL 1955, ch 41, ch 13, § 1; SL 1957, ch 73, § 1; SDC Supp 1960, § 15.3301; SL 1961, ch 79; SL 1974, ch 130, § 2; SL 1977, ch 132, § 1; SL 1984, ch 120, § 1; SL 1986, ch 131, § 1; SL 1992, ch 116, § 2; SL 1997, ch 88, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-5-17 — SD Code / Title 13 / Chapter 5 / Section 13-5-17
Recording of school district names, numbers and boundaries--Duplicate names prohibited
Status: in_force

Each school district name and number and a description of the district's boundaries shall be recorded in the office of the secretary of the Department of Education. The secretary shall refuse to record as the name of any district a name which has been previously chosen and recorded by another district in the same county.

Source: SL 1955, ch 41, ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1971, ch 101, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 4.
S.D. Codified Laws § 13-39A-5 — SD Code / Title 13 / Chapter 39A / Section 13-39A-5
Vacancies
Status: in_force

If a vacancy occurs as provided in § 3-4-1 , the Governor shall, by appointment, fill the vacancy, and the appointee shall serve for the balance of the unexpired term. Any vacancy shall be filled in the same manner the vacating member was selected. This partial term does not count as a term for the term limit provided in § 13-39A-4 . However, if the Senate, at the next legislative session, fails to confirm the appointee, the appointee may only serve until the last day of March. The Governor shall name a new appointee after that date. The subsequent appointee is subject to the same conditions as set forth in this section.

Source: SL 2017, ch 81, § 5.
S.D. Codified Laws § 13-16-9.3 — SD Code / Title 13 / Chapter 16 / Section 13-16-9.3
Public hearing for use of capital outlay fund--Notice
Status: in_force

Any school district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which requires advertising for bids under chapter 5-18A , shall have a public hearing at least ten days prior to the advertisement of any contract specifications. The public hearing shall be advertised in the legal newspaper of the school district. Following the public hearing, and approval of the school board, the school district may use the capital outlay fund as provided in § 13-16-6 . No school district may change the originally advertised use of the fund without holding another public hearing.

Source: SL 1977, ch 126, § 2; SL 2011, ch 2, § 123.
S.D. Codified Laws § 13-53-5 — SD Code / Title 13 / Chapter 53 / Section 13-53-5
Delegation of authority to school officials
Status: in_force

The board may delegate provisionally to the president, dean, superintendent, or faculty of any school under its control, so much of the authority conferred by § 13-53-4 or §§ 13-53-23 to 13-53-41 , inclusive, as in its judgment seems proper and in accordance with the usual custom in such cases.

Source: SDC 1939, § 15.0714; SL 1975, ch 128, § 338; SL 1996, ch 130, § 20.
S.D. Codified Laws § 13-58-16 — SD Code / Title 13 / Chapter 58 / Section 13-58-16
Budget for animal disease laboratory--Submission to Board of Regents and Legislature
Status: in_force

The president of South Dakota State University and the Diagnostic Laboratory Advisory Committee shall prepare a budget for the operation of the laboratory which the president shall present to the Board of Regents and to the Legislature.

Source: SL 1967, ch 282, § 3; SL 1991, ch 166; SL 1995, ch 112.
S.D. Codified Laws § 13-37-18 — SD Code / Title 13 / Chapter 37 / Section 13-37-18
Costs and statistical information included in annual financial report
Status: in_force

Special education costs and statistical information shall be included in the annual financial report as provided in § 13-13-37 .

Source: SL 1976, ch 122, § 4; SL 1977, ch 136, § 1; SL 1980, ch 134, § 3; SL 1995, ch 101, § 15; SL 2013, ch 79, § 10.
S.D. Codified Laws § 13-55-29 — SD Code / Title 13 / Chapter 55 / Section 13-55-29
Loss of eligibility for state funded scholarships upon controlled substance violation
Status: in_force

Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law is ineligible for any scholarship for attendance at a postsecondary institution to the extent such scholarship is funded by the State of South Dakota. 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, § 2.
S.D. Codified Laws § 13-53-21 — SD Code / Title 13 / Chapter 53 / Section 13-53-21
Insurance against loss or damage to educational materials and equipment at institutions
Status: in_force

The State Board of Regents is hereby empowered and authorized to procure insurance protecting the books, manuscripts, papers, periodicals, records, computers, television equipment, equipment used for instructional or research purposes, and works of art, owned by the State of South Dakota and located at or used by the state institutions under the control of the State Board of Regents, against loss or damage resulting from theft, fire, or other casualty.

Source: SL 1970, ch 129, § 1.
S.D. Codified Laws § 13-17-6 — SD Code / Title 13 / Chapter 17 / Section 13-17-6
Circuit court order approving judgment compromise--Cash settlement required
Status: in_force

If at such hearing it shall appear to the satisfaction of the court that such judgment debtor does not have sufficient property, over and above the exemptions allowed by law, out of which said judgment might be satisfied in full, and that it is for the best interests of all parties interested, that such petition should be granted, an order may be made approving such settlement and authorizing the same to be made, provided, however, that all such settlements must be made for cash and be fully paid to such school district within such time as ordered by the court not exceeding ninety days after the entry of said order.

Source: SL 1939, ch 55, § 6; SL 1955, ch 41, ch 10, § 43; SDC Supp 1960, § 15.2243.
S.D. Codified Laws § 13-11-12 — SD Code / Title 13 / Chapter 11 / Section 13-11-12
1996B school fiscal half-year
Status: in_force

The period of July 1, 1996, to December 31, 1996, shall be known as the 1996B school fiscal half - year.

Source: SL 1995, ch 94, § 2.
S.D. Codified Laws § 13-58-17 — SD Code / Title 13 / Chapter 58 / Section 13-58-17
Fees charged for animal diagnostic services--Revolving account
Status: in_force

Such fees and charges as may be made for diagnostic services by the laboratory shall be determined in conjunction with, and after consultation with, representatives of the livestock industry or special industry groups directly affected by such fees or charges. The laboratory is authorized to establish a local revolving account into which receipts from any fees for diagnostic services shall be placed.

Source: SL 1967, ch 282, § 4.
S.D. Codified Laws § 13-63-17 — SD Code / Title 13 / Chapter 63 / Section 13-63-17
Accounts to be maintained separately
Status: in_force

Each account shall be maintained separately from each other account under the program. Separate records and accounting shall be maintained for each account for each designated beneficiary.

Source: SL 2001, ch 97, § 17.
S.D. Codified Laws § 13-32-9.2 — SD Code / Title 13 / Chapter 32 / Section 13-32-9.2
Reduced suspensions--Minimum requirements--Commencement of suspension
Status: in_force

If a suspension is reduced pursuant to § 13-32-9 , a suspension for a first offense shall make the student ineligible for a minimum of two South Dakota High School Activities Association sanctioned events. If two sanctioned events for which the student is ineligible do not take place within the reduced suspension period, the student's suspension remains in effect until two sanctioned events for which the student is ineligible have taken place. If a suspension is reduced pursuant to § 13-32-9 , a suspension for a second offense shall make the student ineligible for a minimum of six South Dakota High School Activities Association sanctioned events. If six sanctioned events for which the student is ineligible do not take place within the reduced suspension period, the student's suspension remains in effect until six sanctioned events for which the student is ineligible have taken place. To count toward the minimum number of events, the student must participate in the entire activity season and may not drop out or quit the activity to avoid suspension and the failure of a student to complete the entire activity season shall result in the student being ineligible for one year from the date of adjudication, conviction, the subject of an internal adjustment or court approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency. A suspension that is not completed by the student during one activity season shall carry over to the next activity season in which the student participates. In addition, a suspension that is reduced pursuant to § 13-32-9 is only in effect during the South Dakota High School Activities Association's activity year, which begins on the first day of its first sanctioned event and concludes on the last day of its last sanctioned event. A reduced suspension that is not completed by the end of one activity year shall carry over to the next activity year.

A suspension begins on:

(1) The day following the notification to a school administrator by the Unified Judicial System that a student has been adjudicated, convicted, the subject of an informal adjustment or court approved diversion program, or the subject of a suspended imposition of a sentence or a suspended adjudication of delinquency for possession, use, or distribution of controlled drugs, substances, or marijuana as defined in chapter 22-42 , or for ingesting, inhaling, or otherwise taking into the body any substance prohibited by § 22-42-15 and the school administrator gives notice to the South Dakota High School Activities Association and the students; or

(2) The day following the student's admission to a school administrator that the student committed an offense enumerated in subdivision (1), which shall be made with the student's parent or guardian present if the student is an unemancipated minor, and the school administrator gives notice to the South Dakota High School Activities Association.

Source: SL 2014, ch 88, § 3; SL 2015, ch 94, § 1.
S.D. Codified Laws § 13-62-14 — SD Code / Title 13 / Chapter 62 / Section 13-62-14
Rules--Governance and operation
Status: in_force

The Board of Regents shall promulgate rules, in accordance with chapter 1-26 , for the governance and operations of South Dakota Services for the Deaf.

Source: SDC 1939, § 55.4102 (6); SL 1953, ch 296, § 2; SL 1975, ch 128, § 376; SL 2023, ch 62, § 18.
S.D. Codified Laws § 13-33-19 — SD Code / Title 13 / Chapter 33 / Section 13-33-19
Recommended high school program and basic high school program--Enrollment and completion requirements
Status: in_force

For students entering the ninth grade in the 2006-2007 school year and thereafter, a school district shall require that each student enrolls in courses of instruction necessary to complete the recommended high school program established by the South Dakota Board of Education Standards pursuant to § 13-1-12.1 . However, a student entering the ninth grade in the 2006-2007, 2007-2008, 2008-2009, or 2009-2010 school years may be excused from taking courses of instruction necessary to complete the recommended high school program if the student's parent or guardian and a school counselor or school administrator agree that the student should instead take courses of instruction necessary to complete the basic high school program also established by the board pursuant to § 13-1-12.1 .

Any student who is seeking eligibility in the South Dakota scholarship program established in § 13-55-30 and is therefore adhering to the high school course requirements as provided in Board of Regents Policy Number 2:3(2)(F) as in effect on January 1, 2003, meets the requirements of this section.

Source: SL 2004, ch 121, § 2; SL 2009, ch 86, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-6-85.3 — SD Code / Title 13 / Chapter 6 / Section 13-6-85.3
Moratorium on minor boundary changes
Status: in_force

Notwithstanding the provisions of any other law, no minor boundary change may be proposed during the period of time beginning on April 1, 2015, and ending on June 30, 2016.

Source: SL 2015, ch 84, § 1, eff. Mar. 13, 2015.
S.D. Codified Laws § 13-46-4 — SD Code / Title 13 / Chapter 46 / Section 13-46-4
Certification of record to clerk of courts--Failure to transmit--Fees
Status: in_force

Upon such appeal so taken, the business manager of the school district or the acting clerk of such special committee, shall, within thirty days thereafter, transmit to the clerk of courts a certified copy of the record of the decision appealed from and of the record of all proceedings had in respect to the matter and all original papers filed in the office and upon the failure of such person so to transmit the record, the circuit court may compel the person to do so and may fine the person for neglect or refusal to transmit the record. Such officer or clerk shall receive the usual copying fees to be taxed as part of the costs of suit. In the event a transcript of hearing or other proceeding is part of the record to be transmitted and is not available within the time limit established in this section, it shall be submitted to the court within five days of receipt from the reporter.

Source: SL 1955, ch 41, ch 9, § 44; SDC Supp 1960, § 15.2344; SL 1975, ch 128, § 323; SL 1999, ch 95, § 1.
S.D. Codified Laws § 13-6-88 — SD Code / Title 13 / Chapter 6 / Section 13-6-88
Adjustment of assets and liabilities on boundary change
Status: in_force

When a boundary change is made under the provisions of § 13-6-87 , the board of county commissioners shall make an adjustment of assets and liabilities as may be required by law.

Source: SDC Supp 1960, § 15.2017 as added by SL 1963, ch 72; SL 1973, ch 85, § 39.
S.D. Codified Laws § 13-13-6 — SD Code / Title 13 / Chapter 13 / Section 13-13-6
Payment of tax collections to school districts--Receipt
Status: in_force

The county treasurer shall also pay at such times as are required by law to the business manager of each school district all of the money collected for such school district and shall take duplicate receipts for the money paid. He shall send one of the receipts to the business manager of such school district.

Source: SDC 1939, § 15.1603; SL 1975, ch 128, § 81.
S.D. Codified Laws § 13-55G-2 — SD Code / Title 13 / Chapter 55G / Section 13-55G-2
Amount of grant per credit hour
Status: in_force

The memorial education cost equalization grant per credit hour for each eligible student shall be the amount appropriated divided by the total number of credit hours taken by all eligible students during the school year.

Source: SL 1994, ch 2, § 4.
S.D. Codified Laws § 13-28-47 — SD Code / Title 13 / Chapter 28 / Section 13-28-47
Disclosure
Status: in_force

Each school district shall make relevant information about the district, schools, programs, policies, and procedures available to all interested people.

Source: SL 1997, ch 98, § 8.
S.D. Codified Laws § 13-39-46 — SD Code / Title 13 / Chapter 39 / Section 13-39-46
Terms of office of center board members--Vacancies
Status: in_force

The terms of office of the members of center boards shall be for three years and shall terminate on June thirtieth or as soon thereafter as their successors are appointed and qualify. At the initial organizational meeting of a center board, the initial terms of office of each member shall be determined by lot in a manner which shall result in approximately one - third of the membership serving for one year, one - third of the membership serving for two years, and the balance of the membership serving for three years.

Vacancies on a center board shall be filled by the school board whose representation was lost when the vacancy occurred.

Source: SL 1973, ch 123, § 10.
S.D. Codified Laws § 13-23-1 — SD Code / Title 13 / Chapter 23 / Section 13-23-1
School board's power to establish and discontinue--Time for action closing school
Status: in_force

The school board shall have the power to establish and discontinue attendance centers by resolution of the board. An action to close an operating school shall be taken by December first prior to the closure. However, if an emergency exists, the board may close the school after notice to the patrons.

Source: SDC 1939, § 15.2523 (5); SL 1939, ch 44; SL 1949, ch 54, § 1; SL 1955, ch 41, ch 12, § 16; SDC Supp 1960, § 15.3016; SL 1975, ch 128, § 147; SL 1981, ch 139, § 1.
S.D. Codified Laws § 13-6-81 — SD Code / Title 13 / Chapter 6 / Section 13-6-81
Tax to discharge liabilities of district dissolved in reorganization--Tax limitation--Bond issue
Status: in_force

If the board of county commissioners shall find that a school district, totally dissolved by reorganization, has an excess of total liabilities over its total assets, such board of county commissioners may authorize a tax levy against the property located within the boundary of such former school district necessary to discharge the balance of liabilities. Such tax levy may not exceed six dollars per thousand dollars of taxable valuation in any one year and shall be exclusive of all other tax limitations. The board of county commissioners may at its discretion authorize the issuing of bonds to fund the indebtedness herein mentioned.

Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1973, ch 85, § 32; SL 1989, ch 87, § 15L.
S.D. Codified Laws § 13-25-7 — SD Code / Title 13 / Chapter 25 / Section 13-25-7
Order to school board to eliminate hazardous conditions--Time allowed to comply
Status: in_force

If after such inspection of any school, or school facility, as provided by this chapter, the inspector finds the building unsafe by reason of conditions existing therein which are suitable for causing or spreading fire, or engendering panic, or that the building has defects which are dangerous to the occupants therein, from a fire and life safety standpoint, he shall give a written order to the school governing body, or other agency operating such school or school facility, specifying these hazards, and the hazards to be eliminated. The school board, or governing body shall comply with such order within such time as may be allowed by the State Fire Marshal, which in no case shall be less than thirty days from and after the service of such order by registered or certified mail.

Source: SL 1959, ch 217, § 4; SDC Supp 1960, § 31.04C04; SL 1975, ch 128, § 163; SL 1991, ch 139, § 5; SL 2004, ch 17, § 21.
S.D. Codified Laws § 13-15-7 — SD Code / Title 13 / Chapter 15 / Section 13-15-7
Conveyance of school district property to United States for educational purposes--Terms of conveyance--Resolution and deed
Status: in_force

The school board of any school district shall be authorized to sell, donate, grant, or convey, any real property which is now or may hereafter be owned by it to the United States as sites for federal buildings, institutions, or facilities for educational purposes, upon such terms as may be determined by the board. Such sale, donation, grant, or conveyance may be made at any time, and upon such terms as the school board in its sole, unqualified discretion may determine proper.

Whenever the school board deems it advisable and in the best interests of the district to convey any such property to the United States as aforesaid, it shall by resolution direct that said property be so transferred and conveyed. Thereupon a deed of conveyance shall be made to the United States which deed shall vest the grantee therein with all the right, title, and interest of the school district in and to the real property conveyed.

Source: SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1975, ch 128, § 95.
S.D. Codified Laws § 13-43-5.1 — SD Code / Title 13 / Chapter 43 / Section 13-43-5.1
Employment of person with revoked or suspended certificate prohibited
Status: in_force

No public school board or other accredited school may employ a person whose certificate as defined in § 13-42-1 is revoked or during the term of a suspension. A revocation or suspension for purposes of this section includes a refusal to issue or renew a certificate.

Source: SL 2001, ch 88, § 1; SL 2015, ch 98, § 18.
S.D. Codified Laws § 13-37-42 — SD Code / Title 13 / Chapter 37 / Section 13-37-42
Limitation on expenditure of funds set aside for extraordinary expenditures
Status: in_force

The amount set aside for extraordinary expenses may not be expended until the allocation of local need has been determined for each district and no more than one half of the amount set aside may be expended before January first of each year.

Source: SL 1995, ch 101, § 8.
S.D. Codified Laws § 13-13-86 — SD Code / Title 13 / Chapter 13 / Section 13-13-86
Child residing in licensed group care center for minors
Status: in_force

If a child is residing in a licensed group care center for minors which provides care for children who are not living with their parents or guardian, the school residence of the child is the school district where the parents or guardian reside, subject to the provisions of § 13-28-9 .

The school district where a licensed group care center for minors is located is responsible for providing an educational program for the children who reside in the group care center.

Source: SL 2013, ch 77, § 2.
S.D. Codified Laws § 13-16-9.2 — SD Code / Title 13 / Chapter 16 / Section 13-16-9.2
Five-year plan required when fund used to construct new facilities or additions
Status: in_force

Any school district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities must develop and maintain a five - year plan on the annual projected revenues and the annual projected expenditures for the capital outlay fund and such projected expenditures shall itemize the projected costs for new or additional facilities.

Source: SL 1977, ch 126, § 1.
S.D. Codified Laws § 13-15-1 — SD Code / Title 13 / Chapter 15 / Section 13-15-1
School district contracts with state agencies and subdivisions authorized
Status: in_force

A school district is hereby authorized to enter into contracts and agreements with the state, its agencies and institutions and any political subdivisions for educational purposes and services.

Source: SL 1965, ch 61; SL 1975, ch 128, § 89.
S.D. Codified Laws § 13-67-5 — SD Code / Title 13 / Chapter 67 / Section 13-67-5
Lawsuit--Public defense--Costs assumed by state
Status: in_force

For any lawsuit brought or any complaint filed against an accredited school, a school district, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education, or an employee, board, or a member thereof, as a result of compliance with § 13-67-1 , the attorney general shall provide legal representation at no cost to that entity or individual.

In addition to the expenses of representation, the state shall assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an accredited school, a school district, or an institution of higher education, or an employee, board, or a member, including any award for attorney's fees and costs for which that entity or individual would be otherwise responsible.

Source: SL 2022, ch 51, § 5.
S.D. Codified Laws § 13-28A-12 — SD Code / Title 13 / Chapter 28A / Section 13-28A-12
School district not entitled to additional funding
Status: in_force

Other than funding provided through chapters 13-13 and 13-37 , no South Dakota school district is entitled to any compensation for any student attending a South Dakota school district under the provisions of this chapter.

Source: SL 2006, ch 104, § 4.
S.D. Codified Laws § 13-55E-3 — SD Code / Title 13 / Chapter 55E / Section 13-55E-3
Reduction of time limitations of benefits
Status: in_force

Notwithstanding § 13-55E-2 , benefits provided under contract may commence within a period less than seventeen years but not less than ten years from the beginning date of the first fall academic semester following the date of payment. The one - time advance payment required under a contract providing for a reduced time limitation on the use of contract benefits pursuant to this section shall be subject to interest compounded annually at the rate of ten percent for the period of time the contract is reduced below seventeen years, payable at the time of advance payment. The amount of the one - time advance payment together with interest paid under this section shall be refunded upon termination or modification of the contract pursuant to § 13-55E-10 . Any investment earnings accruing to a contract under this section are not refundable.

Source: SL 1994, ch 145, § 3.
S.D. Codified Laws § 13-7-9 — SD Code / Title 13 / Chapter 7 / Section 13-7-9
Unopposed candidates, no ballot measures--No election--Certificate issued
Status: in_force

No election may be held in a school district if:

(1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and

(2) No other questions are to be submitted to the voters.

The business manager shall issue certificates of election to the unopposed nominees in the same manner as to successful candidates after election.

Source: SDC 1939, § 15.2509; SL 1951, ch 63, § 1; SL 1955, ch 41, ch 9, § 13; SL 1955, ch 44; SL 1957, ch 64, § 5; SDC Supp 1960, § 15.2313; SL 1975, ch 128, § 36; SL 1979, ch 113, § 5; SL 2025, ch 40, § 15, eff. Jan. 1, 2026.
S.D. Codified Laws § 13-36-11 — SD Code / Title 13 / Chapter 36 / Section 13-36-11
Removal of athlete exhibiting symptoms of concussion
Status: in_force

An athlete shall be removed from participation in any athletic activity sanctioned by the South Dakota High School Activities Association at the time the athlete:

(1) Exhibits signs, symptoms, or behaviors consistent with a concussion; or

(2) Is suspected of sustaining a concussion.

Source: SL 2011, ch 97, § 3.
S.D. Codified Laws § 13-39A-13 — SD Code / Title 13 / Chapter 39A / Section 13-39A-13
Annual state funding requests
Status: in_force

The board shall review and approve recommendations for annual state funding requests for the technical colleges and make recommendations to the Governor and the Legislature.

Source: SL 2017, ch 81, § 13; SL 2020, ch 61, § 6.
S.D. Codified Laws § 13-51-2 — SD Code / Title 13 / Chapter 51 / Section 13-51-2
Educational facilities fund continued--Purposes--Appropriation requirements and restrictions
Status: in_force

There is continued an educational facilities fund in the state treasury from which the Board of Regents may make expenditures, relating only to institutions of higher education under its jurisdiction, to:

(1) Make lease payments to the South Dakota Building Authority for projects authorized to be paid out of that fund by the Legislature;

(2) Maintain and repair existing facilities in amounts as may be authorized by the Legislature;

(3) Maintain and repair the Sanford School of Medicine building occupied under capital lease located on Lot 9 except the North 14 Feet, Lots 10 through 14, the East 7.7 Feet of Lots 15, 18 and 19, and the East 7.7 Feet except the North 14 Feet of Lot 20, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition, and the West one-half of the vacated portion of Euclid Avenue adjacent to Lot 9 except the North 14 Feet and Lots 10, 11 and 12, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition to the City of Sioux Falls, Minnehaha County, South Dakota;

(4) Make rent payments from higher education facilities funds, appropriated through the general appropriation act for such purposes, to other private or public parties for educational facilities in accordance with § 13-51-1 as necessary to the proper and efficient delivery of instruction; and

(5) Build and equip new facilities as may be authorized by the Legislature.

No funding may be provided in any year for subdivision (4) or (5) of this section until the level of annual appropriations reaches fifteen million dollars for subdivision (2) of this section. Authorizations for new lease payments, new construction, reconstruction, and renovation are restricted to and may not exceed the amount of higher education facilities funds in excess of the sum of existing lease payments to the South Dakota Building Authority plus fifteen million dollars for maintenance and repair.

Source: SL 1965, ch 68; SL 1968, ch 60, § 1; SL 1977, ch 142, § 1; SL 1979, ch 130; SL 1980, ch 39, § 3; SL 1980, ch 146, § 4; SL 1981, ch 156, § 1; SL 1983, ch 136, § 1; SL 1987, ch 147; SL 1989, ch 158; SL 1991, ch 158, § 1; SL 1998, ch 102, § 1; SL 1999, ch 97, § 2; SL 2011, ch 100, § 1; SL 2016, ch 109, § 9, eff. Mar. 21, 2016.
S.D. Codified Laws § 13-24-11 — SD Code / Title 13 / Chapter 24 / Section 13-24-11
Equipment, maintenance, and repair of buildings and athletic fields
Status: in_force

Any school board shall have the power and duty to properly equip, provide for the proper maintenance and preservation, and keep in necessary repair all of said buildings and any playgrounds and athletic fields the district might acquire.

Source: SL 1955, ch 41, ch 11, § 5; SDC Supp 1960, § 15.2105; SL 1963, ch 74, § 1.
S.D. Codified Laws § 13-51A-1 — SD Code / Title 13 / Chapter 51A / Section 13-51A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Acquire," to purchase, erect, build, construct, reconstruct, complete, repair, replace, alter, extend, better, equip, develop, and improve a project, including the acquisition and clearing of a site or sites therefor;

(2) "Board," the Board of Regents or its successor;

(3) "Federal agency," the United States of America, the President of the United States of America, the Department of Housing and Urban Development, or such other agency or agencies of the United States of America as may be designated or created to make loans or grants or both;

(4) "Institution," any of the following:

(a) Black Hills State University, located at Spearfish, South Dakota;

(b) Dakota State University, located at Madison, South Dakota;

(c) Northern State University, located at Aberdeen, South Dakota;

(d) South Dakota State University, located at Brookings, South Dakota;

(e) University of South Dakota, located at Vermillion, South Dakota;

(f) South Dakota School of Mines and Technology, located at Rapid City, South Dakota;

(g) School for the Blind and the Visually Impaired, located at Aberdeen, South Dakota; and

(h) South Dakota Services for the Deaf;

and their branches;

(5) "Project," revenue producing buildings, structures, and facilities which, as determined by the board, are required by, or necessary for the use or benefit of, each such institution, including, without limiting the generality of the foregoing, the following: student residence halls; apartments; staff housing facilities; dormitories; health, hospital, or medical facilities; dining halls; student union buildings; field houses; stadiums; physical education installations and facilities; auditoriums; facilities for student or staff services; any facility or building leased to the United States of America; off-street parking facilities; whether heretofore acquired and now or hereafter used for any or all of the purposes aforesaid, as described in or as may be hereafter acquired under this chapter, with all equipment and appurtenant facilities; or any one, or more than one, or all, of the foregoing, or any combination thereof, for each such institution;

(6) "Each such institution," any institution or any combination of institutions as determined by the board.

Source: SL 1971, ch 134, § 2; SL 1998, ch 110, § 6; SL 2004, ch 134, § 1; SL 2023, ch 62, § 8.
S.D. Codified Laws § 13-28-50 — SD Code / Title 13 / Chapter 28 / Section 13-28-50
School districts to provide student mailing lists to Board of Regents and technical colleges--Use in providing post-secondary school information--Exception
Status: in_force

By November first each year, each school district shall provide a list of students by name in grades seven to twelve, inclusive, together with their mailing addresses, to the executive director of the Board of Regents and to each technical college located in the state. The board and each technical college shall use the information to inform the parents and guardians of any such student in any public middle school and high school about the courses needed to prepare for postsecondary-level work and about the benefits of such preparation. However, no school district may forward the name of any student whose parent has directed that the school district not release directory information about the student. The board shall provide a format through which the information may be submitted.

Source: SL 2002, ch 89, § 1; SL 2015, ch 93, § 1; SL 2020, ch 61, § 42.
S.D. Codified Laws § 13-8-20 — SD Code / Title 13 / Chapter 8 / Section 13-8-20
New or additional bond required
Status: in_force

New or additional bonds for school board members or employees may be required by the school board in a sum to be fixed by the board in the event of the sale of bonds or whenever deemed necessary. The county auditor may require new or additional bonds in districts where deemed necessary by him.

Source: SDC 1939, § 15.2009; SL 1955, ch 41, ch 9, § 22; SL 1957, ch 66, § 4; SDC Supp 1960, § 15.2322; SL 1971, ch 104, § 1; SL 1975, ch 128, § 53.
S.D. Codified Laws § 13-53-29 — SD Code / Title 13 / Chapter 53 / Section 13-53-29
Exception to twelve-month residency requirements
Status: in_force

An unemancipated person may be classified as a resident student without meeting the twelve-month residence requirement within South Dakota if the person's presence in South Dakota results from the establishment by the person's parents of their residence within the state and if the person proves that the move was predominantly for reasons other than to enable such person to become entitled to the status of resident student. Any person entitled to receive tuition and fees from the Department of Human Services or the Department of Social Services shall be classified a resident student.

Source: SL 1996, ch 130, § 7; SL 1998, ch 103, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 134, eff. Apr. 12, 2011.
S.D. Codified Laws § 13-59-2.1 — SD Code / Title 13 / Chapter 59 / Section 13-59-2.1
Black Hills Indian studies center recognized--Purposes
Status: in_force

The Legislature hereby recognizes the center for Indian studies which is a division of Black Hills State University and is under the control of the Board of Regents. The purposes of the center for Indian studies are to provide persons of Indian descent with educational opportunities both on and off the campus of Black Hills State University and to provide to all persons the opportunity to research and study the history, culture, and language of the Indians of North America and South Dakota.

Source: SL 1974, ch 142, § 1; SL 1989, ch 170, § 2.
S.D. Codified Laws § 13-8-4 — SD Code / Title 13 / Chapter 8 / Section 13-8-4
Elections and terms of office after increase in size of school board--Reduction in size of board
Status: in_force

If at an election held pursuant to § 13-8-3 an increase in the number of board members is authorized, the school board must designate the number of vacancies and the number of years, not to exceed three years, or four years if authorized pursuant to § 13-8-2 , in each vacancy, so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled.

The procedure for decreasing the number of board members is the same as for increasing the number of board members, and the board shall designate the vacancies and terms not to exceed three years, or four years if authorized pursuant to § 13-8-2 ; provided, that each school board member is entitled to complete the term of office to which the member was elected.

Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49, § 1; SL 1968, ch 45, § 1; SL 1972, ch 93, § 2; SL 1975, ch 128, § 45; SL 2023, ch 55, § 2.
S.D. Codified Laws § 13-32-19 — SD Code / Title 13 / Chapter 32 / Section 13-32-19
Model bullying policy
Status: in_force

The model bullying policy pursuant to §§ 13-32-14 to 13-32-18 , inclusive, is as follows:

The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering an environment in which all students are treated with respect and dignity.

Persistent bullying can severely inhibit a student's ability to learn and may have lasting negative effects on a student's life. The bullying of students by students, staff, or third parties is strictly prohibited and will not be tolerated.

Bullying consists of repeated physical, verbal, non-verbal, written, electronic, or any conduct directed toward a student that is so pervasive, severe, and objectively offensive that it:

(1) Has the purpose of creating or resulting in an intimidating, hostile, or offensive academic environment; or

(2) Has the purpose or effect of substantially or unreasonably interfering with a student's academic performance which deprives the student access to educational opportunities.

Any staff member observing or suspecting bullying toward another individual is required to report the issue to his or her building supervisor.

This policy is in effect while students are on property within the jurisdiction of the School Board; while students are in school-owned or school-operated vehicles; and while students are attending or engaged in school-sponsored activities.

The District will act to investigate all complaints (formal or informal, verbal or written) of bullying. A formal complaint may be submitted to the building principal. Any student engaging in an act of bullying is subject to discipline pursuant to the District's student discipline procedure.

This policy may not be interpreted to prohibit civil exchange of opinions or debate protected under the state or federal constitutions if the opinion expressed does not otherwise materially or substantially disrupt the education process or intrude upon the rights of others.

Source: SL 2012, ch 96, § 6.
S.D. Codified Laws § 13-51-8 — SD Code / Title 13 / Chapter 51 / Section 13-51-8
Federal concurrence in accounting procedures required
Status: in_force

In the event any of said self - liquidating revenue bond projects now are or hereafter become subject to contract or loan agreement with the United States of America Housing and Home Finance Administrator or his successor, before establishing any such consolidated accounts, for each separate institution, the concurrence of the United States of America Secretary of Housing and Urban Development shall first be obtained.

Source: SL 1963, ch 335.
S.D. Codified Laws § 13-35-2.1 — SD Code / Title 13 / Chapter 35 / Section 13-35-2.1
Charges for meals--Certain students exempt
Status: in_force

If a student is eligible for reduced-price meals through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 2026) , or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026), the board of a school district may not impose a charge upon the student for any meals served by the district through the National School Lunch Program or the School Breakfast Program.

Source: SL 2026, ch 84, § 2.
S.D. Codified Laws § 13-62-15 — SD Code / Title 13 / Chapter 62 / Section 13-62-15
Lease of buildings--Conditions
Status: in_force

The Board of Regents may lease, for commercial purposes, portions of buildings that are not regularly and actively used by South Dakota Services for the Deaf. The purposes, terms, and conditions of each lease must be economical and consistent with the stewardship of public property.

The board may permit a lessee to undertake renovations if:

(1) The renovation is comparable to the kind and quality of the original structure;

(2) The board has the right to prior review and approval of renovation designs and specifications that may affect shared building structural systems and related equipment and infrastructure;

(3) The lessee provides such as-built documentation as the board may require; and

(4) The lessee agrees that the title to the renovations vests with the board on behalf of the state.

The board shall establish lease rates that are consistent with those of commercial leases for comparable properties in Sioux Falls and Minnehaha County. The board may offer the leases to the public in any commercially reasonable manner.

Lease income received by the board pursuant to this section is continuously appropriated to the board for use in maintaining the property and supporting the operations of South Dakota Services for the Deaf.

Source: SL 2018, ch 111, § 10, eff. Feb. 8, 2018; SL 2023, ch 62, § 19.
S.D. Codified Laws § 13-25-17 — SD Code / Title 13 / Chapter 25 / Section 13-25-17
Authority of state fire marshal
Status: in_force

The state fire marshal may summarily abate any condition that presents a fire hazard as defined in subdivision 34-29B-1(7) and which constitutes an immediate threat to life safety.

Source: SL 1994, ch 119.
S.D. Codified Laws § 13-37-40.1 — SD Code / Title 13 / Chapter 37 / Section 13-37-40.1
Certification required for funding
Status: in_force

A school district is not eligible for funding from the money set aside in § 13-37-40 unless the school district certifies to the secretary of education that its ending special education fund balance will not exceed ten percent of its special education expenditures for the current fiscal year.

Source: SL 1996, ch 108, § 4; SL 1998, ch 98, § 4; SL 2004, ch 17, § 28; SL 2013, ch 79, § 14; SL 2021, ch 73, § 14.
S.D. Codified Laws § 13-51A-44 — SD Code / Title 13 / Chapter 51A / Section 13-51A-44
Short title
Status: in_force

This chapter shall be known and may be cited as the "Board of Regents Revenue Bond Act of 1971."

Source: SL 1971, ch 134, § 1.
S.D. Codified Laws § 13-27-20 — SD Code / Title 13 / Chapter 27 / Section 13-27-20
Complaints against persons responsible for truancy--Contents of complaint--Verification--Dismissal
Status: in_force

Each truancy officer shall make and file truancy complaints for children who are enrolled in the school district. Any teacher, school officer, or citizen may make and file a truancy complaint, before a circuit court judge, against any person having control of a child of compulsory school age who is not being provided with alternative instruction or attending school or whose attendance at school is irregular. The complaint must state the name of the parent, guardian, or person responsible for the control of the child. The complaint must be verified by oath upon belief of the complainant. A truancy complaint that, together with any accompanying affidavit, does not establish probable cause must be dismissed upon motion of the defendant to the circuit court judge.

Source: SDC 1939, § 15.3206; SL 1955, ch 41, ch 15, § 6; SL 1975, ch 128, § 178; SL 1982, ch 142, § 9; SL 1993, ch 213, § 84; SL 2021, ch 76, § 14; SL 2023, ch 56, § 1.
S.D. Codified Laws § 13-49-14.2 — SD Code / Title 13 / Chapter 49 / Section 13-49-14.2
Separate retirement or deferred compensation plans prohibited--Exceptions
Status: in_force

Except for the provisions of chapter 3-12C , the Board of Regents may not enter into any contract to provide a retirement or deferred compensation plan for any of its employees, other than the president or provost of each of its colleges and universities and the executive director of the Board of Regents.

Source: SL 1978, ch 125; SL 1981, ch 150, § 2; SL 2019, ch 22, §§ 1 and 45.
S.D. Codified Laws § 13-14-13 — SD Code / Title 13 / Chapter 14 / Section 13-14-13
Authorization of nonprofit benevolent organizations to solicit and accept private funds for educational and interscholastic activities
Status: in_force

The governing board of any school district organized pursuant to chapter 13-5 may authorize one or more private, nonprofit benevolent organizations to, independently of the control of the school district, accept and solicit donations, gifts, grants, or other private financial resources for the ultimate benefit of the educational or interscholastic activities of the school district. Funds collected pursuant to this section and § 13-14-14 shall be offered, at an appropriate time, to the governing board of the school. If accepted, such funds shall be used for the expansion and enhancement of academic curricula, for the support of interscholastic activities, for the initiation or support of musical, forensic, civic, technologic, or similar extracurricular instruction or programs, for special trips or activities supporting core school activities, or other programs or activities of substantial benefit to the educational environment of the school district. None of the funds may be used for capital acquisition, debt retirement, or ordinary expenditures or expenses.

Source: SL 2009, ch 80, § 1.
S.D. Codified Laws § 13-47-11 — SD Code / Title 13 / Chapter 47 / Section 13-47-11
Federal licenses for telecommunications--Applications, reports, and requests to Federal Communications Commission
Status: in_force

The board shall have the power and duty to apply for and to receive and hold such authorizations and licenses and assignments of channels from the Federal Communications Commission as may be necessary to conduct such educational telecommunications programs by standard broadcast or by closed circuits, and to prepare, file, and prosecute before the Federal Communications Commission all applications, reports, or other documents or requests for authorization of any kind necessary or appropriate to achieve the purposes set forth in this chapter.

Source: SL 1965, ch 67, § 5 (2).
S.D. Codified Laws § 13-5-14 — SD Code / Title 13 / Chapter 5 / Section 13-5-14
School districts overlapping county boundaries--County determined by residence of majority
Status: in_force

For the purposes of this title, a school district which overlaps boundaries of a county is considered to be in that county where the majority of the children belonging to the district reside as determined by the fall submission of student enrollment data, and when once established, the district shall so remain until the boundaries thereof shall be changed under other provisions of this title. However, any disputes arising under the provisions of § 13-5-1 or 13-5-2 , or this section, shall be determined by the South Dakota Board of Education Standards.

Source: SL 1955, ch 41, ch 8, § 2; SDC Supp 1960, § 15.2002; SL 1963, ch 69, § 2; SL 2012, ch 88, § 3; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-15-20 — SD Code / Title 13 / Chapter 15 / Section 13-15-20
Agreement and contracts with education commission of the states
Status: in_force

The Governor is authorized to enter into an agreement with the education commission of the states and to contract for special projects, with the approval of the Executive Board of the Legislative Research Council.

Source: SL 1985, ch 124, § 7.
S.D. Codified Laws § 13-16-21 — SD Code / Title 13 / Chapter 16 / Section 13-16-21
Custodial funds--Monthly and annual reports--Audits
Status: in_force

The employee of the school district designated by the board to be in charge of a custodial fund shall monthly and annually submit reports to the school board. The fund shall be audited as part of the regular audit of the school district.

Source: SL 1955, ch 41, ch 10, § 11; SDC Supp 1960, § 15.2211; SL 1976, ch 115, § 5; SL 1996, ch 112; SL 2012, ch 88, § 12; SL 2020, ch 53, § 3.
S.D. Codified Laws § 13-55E-2 — SD Code / Title 13 / Chapter 55E / Section 13-55E-2
Advance payment contract--Time limitations of benefits
Status: in_force

In accordance with rules promulgated pursuant to chapter 1-26 , the executive director may enter into a contract with a purchaser for the advance payment of tuition, room and board, or tuition only costs on behalf of a beneficiary for attendance at one, or a combination of institutions of higher education, without further tuition, room and board, or tuition only costs to the beneficiary, subject to determination of residency status by the appropriate institution of higher education. Except as provided in § 13-55E-3 , benefits provided under contract shall begin not less than seventeen years from the beginning date of the first fall academic semester following the date of payment.

Source: SL 1994, ch 145, § 2.
S.D. Codified Laws § 13-55A-3 — SD Code / Title 13 / Chapter 55A / Section 13-55A-3
Students qualified to receive grants
Status: in_force

A South Dakota need-based grant may be awarded to any qualified South Dakota resident student who is admitted and is in attendance at any eligible institution on at least a half-time basis, and has established financial need.

Source: SL 1974, ch 141, § 3; SL 1981, ch 159, § 2; SL 2010, ch 104, § 3; SL 2013, ch 92, § 3, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-58-25 — SD Code / Title 13 / Chapter 58 / Section 13-58-25
Sale of real property to fraternal organizations--Reversion
Status: in_force

The Board of Regents is hereby authorized to convey by sale real property constituting a part of the campus at South Dakota State University at Brookings, South Dakota, on such terms as the board shall deem advisable, to nationally chartered fraternal organizations whose purpose in buying such property is to construct a residence for men or women students at South Dakota State University who are members of the fraternal organization. If said real property ceases to be used as a residence for men or women students at South Dakota State University, then said real property and any buildings thereon shall revert to the body which conveyed title to said fraternal organization.

Source: SL 1972, ch 115.
S.D. Codified Laws § 13-49-14 — SD Code / Title 13 / Chapter 49 / Section 13-49-14
Employment of officers, instructors and employees--Compensation and terms of employment--Disparate treatment on certain grounds prohibited
Status: in_force

The Board of Regents may employ and dismiss all officers, instructors, and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications, and duties, fix the term of their employment, and rate and manner of their compensation, provide for sabbatical leave on part pay, and provide for a retirement program.

No person may be employed or dismissed, or accorded preferential, adverse, or unequal treatment with respect to any application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, or any term or condition of employment, by reason of the person's:

(1) Ideological, political, or sectarian opinions or perspectives; or

(2) Race, color, creed, religion, sex, ancestry, disability, or national origin.

Source: SDC 1939, § 15.0709; SL 1961, ch 56; SL 2007, ch 109, § 13; SL 2021, ch 79, § 1.
S.D. Codified Laws § 13-20-5 — SD Code / Title 13 / Chapter 20 / Section 13-20-5
Purchases from another school district without advertising for bids
Status: in_force

A school board is authorized to purchase facilities, equipment, and supplies from another school district without advertising for bids as provided in § 13-20-3 .

Source: SL 1955, ch 41, ch 11, § 9; SL 1959, ch 68, § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39; SL 1975, ch 128, § 133.
S.D. Codified Laws § 13-15-8.1 — SD Code / Title 13 / Chapter 15 / Section 13-15-8.1
Interstate school district agreements to establish tuition rate--School board action--Appeal of school board decision
Status: in_force

Any school district having a common boundary with a border state may enter into agreements with school districts of the border state having a common boundary with the South Dakota school district to establish a rate of tuition. The school board shall take action on any request that a tuition rate be established within forty - five days after receiving the request. The school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education.

Source: SDC Supp 1960, § 15.3307 as added by SL 1964, ch 46; SL 1967, ch 46; SDCL, § 13-15-8 ; SL 1971, ch 108; SL 1996, ch 110, § 2; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-42-32 — SD Code / Title 13 / Chapter 42 / Section 13-42-32
Suspension or revocation of certificate for compromising integrity of academic achievement test
Status: in_force

The secretary of the Department of Education may suspend or revoke the certificate of any certified personnel who knowingly compromise the integrity of a state-required academic achievement test provided to students pursuant to chapter 13-3 .

Source: SL 2007, ch 85, § 3.
S.D. Codified Laws § 13-53-19 — SD Code / Title 13 / Chapter 53 / Section 13-53-19
Delegation of authority for expenditures to institutional officer--Bond--Method of expenditures and purposes
Status: in_force

The Board of Regents may by resolution delegate the authority described in § 13-53-18 to an officer or employee of the institution for which the expenditure is to be made who has furnished to the State of South Dakota a good and sufficient bond respecting such duties, which delegation of authority shall be subject to revocation by resolution of the board. The secretary of such board shall file copies of such resolutions, duly certified by him, with the state auditor. The method in detail of making expenditures and purchases, except so far as they are specified by this chapter, shall be left to the discretion of the Board of Regents.

Source: SDC 1939, § 15.0724; SL 1955, ch 40.
S.D. Codified Laws § 13-1-66 — SD Code / Title 13 / Chapter 1 / Section 13-1-66
Wearing of eagle feather, eagle plume, or beaded cap--Permitted at honoring or graduation ceremony
Status: in_force

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

Source: SL 2018, ch 89, § 1; SL 2022, ch 38, § 1.
S.D. Codified Laws § 13-6-48 — SD Code / Title 13 / Chapter 6 / Section 13-6-48
Secretary's notice of election results--Order effecting plan--Contents
Status: in_force

The secretary of the Department of Education shall notify all school boards of each district included in the plan and boards of county commissioners affected if such plan has been approved or rejected by the voters. If the plan was approved by the voters, the secretary of the Department of Education shall issue his order to give effect to such plan. The order shall contain a description of the boundary of each school district, the date that the district shall become operative, the number of school board members to be elected and the county of jurisdiction as provided in § 13-5-14 .

Source: SL 1955, ch 41, ch 8, § 18; SL 1957, ch 62, § 1; SDC Supp 1960, § 15.2015; SL 1961, ch 72; SL 1963, ch 69, § 4; SL 1963, ch 71; SL 1971, ch 103, § 7; SL 1973, ch 85, § 21; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-51A-37 — SD Code / Title 13 / Chapter 51A / Section 13-51A-37
Contracts and leases to carry out purposes
Status: in_force

The board shall have power for each institution listed in subdivision 13-51A-1(4) to make contracts and leases, either as lessee or lessor, and execute all instruments and perform all acts and do all things necessary or convenient to carry out the powers granted in this chapter.

Source: SL 1971, ch 134, § 3, subdiv 5.
S.D. Codified Laws § 13-3-69 — SD Code / Title 13 / Chapter 3 / Section 13-3-69
Promulgation of rules to establish state accountability system
Status: in_force

The South Dakota Board of Education Standards may promulgate administrative rules pursuant to chapter 1-26 to establish the state accountability system based on achievement and other indicators including:

(1) A definition of academic progress;

(2) The method of calculating yearly progress in mathematics and reading for all public schools, including methods for determining both the status and growth;

(3) A definition of four levels of student achievement, including a proficient level;

(4) Determination of cut scores in mathematics and reading for each level of student achievement;

(5) Establishment of the measurable objectives for academic progress;

(6) Establishment of a system of sanctions, rewards, and recognition;

(7) Establishment of the process for teacher and principal evaluation;

(8) Determination of the criteria to demonstrate student preparedness for college and career for each public high school;

(9) Determination of the method for calculating the attendance rate for each public elementary and middle school;

(10) Establishment of an appeal process for public schools; and

(11) Establishment of a process whereby the state accountability system will be periodically reviewed.

Source: SL 2003, ch 90, § 8; SL 2012, ch 89, § 6; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-13-1.2 — SD Code / Title 13 / Chapter 13 / Section 13-13-1.2
Fall enrollment records subject to examination by department
Status: in_force

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

Source: SL 1996, ch 69, § 10; SL 2003, ch 272, § 63; SL 2007, ch 93, § 13.
S.D. Codified Laws § 13-27-23 — SD Code / Title 13 / Chapter 27 / Section 13-27-23
Penalties invoked on finding of guilty
Status: in_force

If the judge finds the defendant guilty, he shall invoke the penal provisions of § 13-27-11 upon the defendant.

Source: SL 1955, ch 41, ch 15, § 6; SDC Supp 1960, § 15.3206; SL 1982, ch 142, § 11.
S.D. Codified Laws § 13-28-9.1 — SD Code / Title 13 / Chapter 28 / Section 13-28-9.1
Residence of child assigned to special education program
Status: in_force

A child in need of special education or special education and related services assigned to and enrolled in an approved out of district special education residential or tuition day program by an individualized education program team has school residence in the school district making the assignment. The fiscal responsibility of the school district making the assignment continues until the end of the school fiscal year or until the child's parent or guardian enrolls the child in another school district, the child participates in the new school district's special education program, the new school district conducts a placement committee meeting, a new individualized educational program for the child is adopted, and the child's placement is changed.

Source: SL 1982, ch 143, § 2; SL 2001, ch 84, § 1; SL 2009, ch 84, § 1.
S.D. Codified Laws § 13-25-3 — SD Code / Title 13 / Chapter 25 / Section 13-25-3
State Fire Marshal's power to inspect buildings
Status: in_force

The State Fire Marshal may make inspection of all school buildings, auditoriums, gymnasiums, dormitories, shops, or other buildings operated as a part of or in conjunction with school activities of any school, public or nonpublic, whether owned by the school or not.

Source: SL 1959, ch 217, § 1; SDC Supp 1960, § 31.04C01; SL 1972, ch 96; SL 1975, ch 128, § 160; SL 1991, ch 139, § 2; SL 2004, ch 17, § 17.
S.D. Codified Laws § 13-33-30 — SD Code / Title 13 / Chapter 33 / Section 13-33-30
Accredited schools required to accept transfer credits for courses taken from other accredited schools outside regular school term--Conditions
Status: in_force

Any school accredited by the Department of Education shall accept transfer credits earned by a student for any course taken by the student from another school accredited by the Department of Education outside the regular school term as established pursuant to § 13-26-2 . However, an accredited school is only required to accept the transfer credits if the student notifies a school administrator of the credits sought prior to taking the course. If the student fails to provide the advance notice, the school may refuse to accept the credits.

Each school district shall establish a policy for accepting transfer credits pursuant to this section. If upon review of the coursework for which transfer credit is sought, a school determines that the course rigor is not sufficient to meet the graduation requirements established by the Board of Education Standards pursuant to § 13-1-12.1 or by the school, the transfer credits earned by the student for the course will count as elective credits, but the course will not count as a course required for graduation. If the school accepting the transfer credits determines that the credits do not meet graduation requirements, the school shall notify the student in writing to explain the reason for that determination and to cite the provisions of formally adopted school policy that apply.

Source: SL 2016, ch 92, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-47-3 — SD Code / Title 13 / Chapter 47 / Section 13-47-3
Officers of board
Status: in_force

The board shall choose from its own members a chairman, secretary, and treasurer.

Source: SL 1965, ch 67, § 2.
S.D. Codified Laws § 13-26-16 — SD Code / Title 13 / Chapter 26 / Section 13-26-16
Approval by majority--Rejection
Status: in_force

No referred school board decision regarding the opening day of classes shall become operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating thereto. If the decision of the school board to begin classes before the first Tuesday following the first Monday in September is rejected by the voters, the board shall select a date on or after the first Tuesday following the first Monday in September as the opening day of classes.

Source: SL 1993, ch 133, § 9.
S.D. Codified Laws § 13-3-99 — SD Code / Title 13 / Chapter 3 / Section 13-3-99
Prenatal human development--Required instruction--Contents
Status: in_force

The instruction in prenatal human growth and development required under § 13-3-98 must include:

(1) A high-definition ultrasound video that shows the presence of the brain, heart, and other major organs as they appear at various stages of prenatal development; and

(2) A high-quality, computer-generated rendering or animation, or a high-definition ultrasound video that shows the progress of prenatal human development from fertilization through birth, noting significant moments in the progress of cellular growth and organ development.

Any video or computer-generated rendering or animation shown, as required by this section, must be at least three minutes in length.

Source: SL 2026, ch 77, § 2.
S.D. Codified Laws § 13-51A-19 — SD Code / Title 13 / Chapter 51A / Section 13-51A-19
Covenant against alienation of project so as to endanger bond security
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 that so long as any of the bonds issued under this chapter shall remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined, convey or otherwise alienate any project or the real estate upon which such project shall be located, except at a price sufficient to pay all the bonds issued for such project then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such bonds.

Source: SL 1971, ch 134, § 5, subdiv 6 (ii).
S.D. Codified Laws § 13-3-65 — SD Code / Title 13 / Chapter 3 / Section 13-3-65
Annual determination of each school's progress
Status: in_force

The state accountability system shall determine annually the progress of each public school, including the annual progress of sub-groups of students, using annual assessment data and data from additional academic indicators.

Source: SL 2003, ch 90, § 4; SL 2012, ch 89, § 4.
S.D. Codified Laws § 13-36-9 — SD Code / Title 13 / Chapter 36 / Section 13-36-9
Concussion guidelines and information sheet
Status: in_force

The South Dakota High School Activities Association, in concert with the Department of Education, shall develop guidelines to inform and educate member schools, coaches, athletes, and the parents or guardians of athletes, of the nature and risk of concussion, including continuing to play after sustaining a concussion. A concussion information sheet shall be signed and returned by any athlete who seeks to compete in activities sanctioned by the South Dakota High School Activities Association and the athlete's parent or guardian prior to the athlete's participation in any youth athletic activities sanctioned by the South Dakota High School Activities Association. A signed information sheet is effective for one academic year.

The guidelines and information sheet shall include protocols and content consistent with current medical knowledge for informing and educating each member school, coach, and athlete participating in athletic activities sanctioned by the South Dakota High School Activities Association, and the athlete's parent or guardian as to:

(1) The nature and risk of concussions associated with athletic activity;

(2) The signs, symptoms, and behaviors consistent with a concussion;

(3) The need to alert appropriate medical professionals for urgent diagnosis or treatment if an athlete is suspected to have received a concussion; and

(4) The need to follow proper medical direction and protocols for treatment and return to play after an athlete sustains a concussion.

Source: SL 2011, ch 97, § 1.
S.D. Codified Laws § 13-28-40 — SD Code / Title 13 / Chapter 28 / Section 13-28-40
Enrollment options program established
Status: in_force

An enrollment options program is established to enable any South Dakota kindergarten through twelfth grade student to attend any public school that serves the student's grade level in any South Dakota school district, subject to the provisions in §§ 13-28-40 to 13-28-47 , inclusive. For purposes of determining state aid to education as it relates to the provisions of §§ 13-28-40 to 13-28-47 , inclusive, fall enrollment as defined in § 13-13-10.1 is used to compute state aid to general education and special education fall enrollment as defined in § 13-37-35.1 is used to determine funding for special education.

Source: SL 1997, ch 98, § 1; SL 2000, ch 84, § 8; SL 2007, ch 93, § 17; SL 2015, ch 89, § 21; SL 2016, ch 85, § 10.
S.D. Codified Laws § 13-19-2 — SD Code / Title 13 / Chapter 19 / Section 13-19-2
Amount borrowed on notes limited by anticipated receipts
Status: in_force

Except for obligations to the state, including the health and educational facilities authority, or federal government, the money borrowed pursuant to § 13-19-1 may not exceed the sum of ninety - five percent of the amount of taxes levied or proposed to be levied by the school board but not collected at the date of borrowing by the school board pursuant to § 13-11-2 for the current or next full school fiscal year for the fund for which the money is borrowed plus other anticipated receipts for the fund which have not been collected at the date of borrowing.

Source: SL 1955, ch 41, ch 10, § 16; SDC Supp 1960, § 15.2216 (1); SL 1965, ch 48; SL 1975, ch 128, § 118; SL 1976, ch 116; SL 1983, ch 130; SL 1985, ch 127, § 2; SL 1989, ch 146, § 7.
S.D. Codified Laws § 13-32-4.2 — SD Code / Title 13 / Chapter 32 / Section 13-32-4.2
Procedure for suspension--Appeal--Hearing
Status: in_force

The school board in any district may authorize the summary suspension of pupils by principals of schools for not more than ten school days and by the superintendent of schools for not more than ninety school days. In case of a suspension by the superintendent for more than ten school days, the pupil or his parents or others having his custodial care may appeal the decision of the superintendent to the board of education. Any suspension by a principal shall be immediately reported to the superintendent who may revoke the suspension at any time. In event of an appeal to the board, the superintendent shall promptly transmit to the board a full report in writing of the facts relating to the suspension, the action taken by him and the reasons for such action; and the board, upon request, shall grant a hearing to the appealing party. No pupil may be suspended unless:

(1) The pupil is given oral or written notice of the charges against him;

(2) The pupil is given an oral or written explanation of the facts that form the basis of the proposed suspension; and

(3) The pupil is given an opportunity to present his version of the incident.

In the event of a suspension for more than ten school days, if the pupil gives notice that he wishes to appeal the suspension to the board, the suspension shall be stayed until the board renders its decision, unless in the judgment of the superintendent of schools, the pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.

Source: SL 1993, ch 141, § 2.
S.D. Codified Laws § 13-37-55 — SD Code / Title 13 / Chapter 37 / Section 13-37-55
Coordinated early intervening services
Status: in_force

Up to fifteen percent of the local need as defined in subdivision 13-37-35.1 (18) may be used to develop and implement coordinated, early intervening services for students in kindergarten through grade twelve who are not currently identified as needing special education or special education and related services, but who need additional academic and behavioral interventions to succeed in a general education environment to prevent them from being identified as having a special education disability.

Coordinated, early intervening services include:

(1) Professional development for teachers and other school staff to enable them to deliver scientifically-based academic instruction and behavioral interventions, including scientifically-based literacy instruction, and, if appropriate, instruction on the use of adaptive and instructional software; and

(2) Providing educational and behavioral evaluations, services and supports, including scientifically-based literacy instruction.

Source: SL 2013, ch 79, § 1.
S.D. Codified Laws § 13-51-1.6 — SD Code / Title 13 / Chapter 51 / Section 13-51-1.6
South Dakota State University Agricultural Experiment Station in Moody County
Status: in_force

The Board of Regents may enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station. The lease may have a term not to exceed fifteen years, and an annual lease payment by the Board of Regents not to exceed one hundred twenty thousand dollars. The annual lease payment shall be authorized through the normal budgeting process and shall be made from other funds derived from grant and contract indirect recovery funds, royalty funds, and income from sales of services.

Source: SL 2015, ch 106, § 1.
S.D. Codified Laws § 13-61-5 — SD Code / Title 13 / Chapter 61 / Section 13-61-5
Admission of older pupils to school--Nonresident pupils--Charges to nonresidents
Status: in_force

Any pupil over the age of twenty - one years may, if circumstances warrant or require it, with the approval of a majority of the Board of Regents, be received and taught therein as provided in § 13-61-4 . Like pupils may be received from without the state upon payment to the superintendent of the South Dakota School for the Blind and the Visually Impaired, for the use and benefit of such school, of such charges for board, tuition, and care, as shall be fixed by such board. However, no pupil from without the state may be received to the exclusion of any resident of this state.

Source: SDC 1939, § 55.4003; SL 1975, ch 128, § 369; SL 1998, ch 110, § 11.
S.D. Codified Laws § 13-3-97 — SD Code / Title 13 / Chapter 3 / Section 13-3-97
Waivers that affect school accountability
Status: in_force

If United States Department of Education waivers that affect school accountability calculations are in place due to a nationally declared emergency, the secretary of education may waive compliance with §§ 13-3-55 and 13-3-62 to 13-3-65 , inclusive, through December 31, 2024.

Source: SL 2021, ch 71, § 1.
S.D. Codified Laws § 13-36-12 — SD Code / Title 13 / Chapter 36 / Section 13-36-12
Return of athlete to activity
Status: in_force

No athlete who has been removed from participation in an athletic activity sanctioned by the South Dakota High School Activities Association may return to athletic activities until the athlete:

(1) No longer exhibits signs, symptoms, or behavior consistent with a concussion; and

(2) Receives an evaluation by a licensed health care provider trained in the evaluation and management of concussions and receives written clearance to return to play from such health care provider.

Source: SL 2011, ch 97, § 4.
S.D. Codified Laws § 13-43-61 — SD Code / Title 13 / Chapter 43 / Section 13-43-61
Signing bonus––Authorization
Status: in_force

A school district may offer and, upon the signing of a contract by both parties, pay a signing bonus, moving expenses, or tuition reimbursement to a staff member employed in the school district.

Source: SL 2015, ch 99, § 1; SL 2022, ch 45, § 1.
S.D. Codified Laws § 13-26-2 — SD Code / Title 13 / Chapter 26 / Section 13-26-2
Time required in school term--Make up time--Summer term
Status: in_force

The school board or governing body shall operate kindergarten through grade twelve in its schools. The school board shall operate grades one through twelve for at least a nine-month regular term in any one school year, and the number of hours in a school term for kindergarten shall be set pursuant to § 13-26-1 . The regular school term may be conducted on a year-round basis and shall begin on a date established by the school board. The Board of Education Standards shall promulgate rules pursuant to chapter 1-26 governing the operation and scheduling of year-round schools. Any school board or governing body may release graduating high school seniors from school before the end of the regular term. A school is not required to make up time for school closing because of weather, disease, or emergency once it has reached the minimum number of hours in the school term as required by state law. Graduating seniors are excused from make up time if the make up time occurs after the students have graduated or after graduation exercises have been held. If classes have been convened and then are dismissed, or if classes convene at a time later in the day than normal, because of inclement weather, that day constitutes a school day in session equal to the number of hours planned for that day as established in the local school district calendar for the year.

School boards are encouraged to provide time within the regular school term for curriculum and staff development which shall be in addition to the time required in this section. Each school board shall determine the appropriate amount of time for this activity and how best to use the time based on local needs for program development, increased parent participation, student contact, teachers' preparation, or other needs of the schools in the district. School is in session only when classes are held and as provided in §§ 13-26-4 and 13-26-4.1 . A school board may operate a special term during the summer months.

Source: SDC 1939, § 15.3003; SL 1955, ch 41, ch 12, § 9; SDC Supp 1960, § 15.3009; SL 1963, ch 83; SL 1979, ch 117, § 2; SL 1984, ch 118; SL 1985, ch 129, § 1; SL 1986, ch 122, §§ 1, 2; SL 1990, ch 122, § 9; SL 1990, ch 124; SL 1991, ch 140; SL 1991, ch 141; SL 1992, ch 127; SL 1993, ch 133, § 1; SL 1993, ch 134; SL 1994, ch 120, § 1; SL 1996, ch 113, §§ 1, 2; SL 1996, ch 114, § 1; SL 1997, ch 92, § 1; SL 1997, ch 93, § 1; SL 2000, ch 80, § 2; SL 2001, ch 83, § 1; SL 2004, ch 127, § 1; SL 2004, ch 128, § 1; SL 2010, ch 87, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-39A-32 — SD Code / Title 13 / Chapter 39A / Section 13-39A-32
Recommendation of petition to Legislature
Status: in_force

If the board finds that the classification petitioned for would further the educational interests of the state, more nearly equalize the educational opportunities in certain phases of technical education to persons in this state who are of the age and maturity to pursue study in preparation for entering the labor market, be of potential benefit to persons in all communities of the state, and is otherwise in accordance with the plans of the board, the board may recommend that the Legislature approve the petition.

Source: SL 2017, ch 81, § 32.
S.D. Codified Laws § 13-16-19 — SD Code / Title 13 / Chapter 16 / Section 13-16-19
Custodial funds--Stewardship--Designation of employee--Surety bond
Status: in_force

The school board shall prescribe policies and procedures governing the stewardship of custodial funds consistent with provisions of this title. The school board may designate an employee of the school district to be in charge of each custodial fund. The employee designated, if other than the business manager, shall be placed under surety bond in the amount estimated to be in the hands of the employee at any one time during the school fiscal year. The school district shall pay the premium on the surety bond.

Source: SL 1955, ch 41, ch 10, § 11; SDC Supp 1960, § 15.2211; SL 1976, ch 115, § 3; SL 2012, ch 88, § 10; SL 2020, ch 53, § 1.
S.D. Codified Laws § 13-25-5 — SD Code / Title 13 / Chapter 25 / Section 13-25-5
School building access for inspection--Aid and assistance by school officials
Status: in_force

Representatives of the State Fire Marshal may enter any such building at any reasonable hour to make such inspection. All school boards, school governing bodies, officials, and employees shall afford such representatives free access to every part of the premises, and render all aid and assistance necessary to enable them to make a thorough and complete examination of the premises.

Source: SL 1959, ch 217, § 2; SDC Supp 1960, § 31.04C02(1); SL 1975, ch 128, § 161; SL 1991, ch 139, § 4; SL 2004, ch 17, § 19.
S.D. Codified Laws § 13-39A-19 — SD Code / Title 13 / Chapter 39A / Section 13-39A-19
Successor to Board of Education Standards on agreements
Status: in_force

The board shall be the lawful successor to the Board of Education Standards with respect to all rights, privileges, obligations and duties of the Board of Education Standards under and with respect to:

(1) The lease purchase agreement dated as of August 1, 1988, between the health and educational facilities authority and the Board of Education Standards, as heretofore amended or supplemented;

(2) The four sublease agreements dated as of August 1, 1988, between the Board of Education Standards and, respectively, Mitchell School District 17-2 , Rapid City Area School District No. 51-4, Sioux Falls School District 49-5 , and Watertown School District No. 14-4 , each as heretofore amended or supplemented;

(3) The first supplement to general pledge and escrow agreement between the treasurer, the Board of Education Standards, the health and educational facilities authority and the First National Bank in Sioux Falls, dated as of August 1, 1988, as amended and supplemented;

(4) The fourth supplement to facility fee tuition collection and deposit agreement dated June 1, 1999, among the treasurer, the Board of Education Standards, the First National Bank in Sioux Falls and the school districts specified in subsection (2) or their successors, as the agreement has been heretofore amended or supplemented from time to time; and

(5) All other agreements related to the foregoing and with respect to career and technical education program revenue bonds issued from time to time by the health and educational facilities authority to finance property used by LEAs for any technical college.

The board shall succeed to and assume all the obligations of the Board of Education Standards with respect to all the agreements and is bound by all of the obligations and covenants of the Board of Education Standards in connection therewith, which obligations and covenants are ratified and confirmed.

Source: SL 2017, ch 81, § 19; SL 2020, ch 61, § 11.
S.D. Codified Laws § 13-39A-33 — SD Code / Title 13 / Chapter 39A / Section 13-39A-33
Legislative approval of petition
Status: in_force

If the Legislature approves the petition by passing a joint resolution, an LEA may operate a technical college. If an LEA begins to operate a technical college without the approval required by this section, that institute is ineligible for state career and technical education money.

Source: SL 2017, ch 81, § 33; SL 2020, ch 61, § 21.
S.D. Codified Laws § 13-16-20 — SD Code / Title 13 / Chapter 16 / Section 13-16-20
Disbursements--Records--Receipts--Payment of claims--Serially numbered ticket sales--Destruction of records
Status: in_force

The employee in charge of a custodial fund may issue checks for disbursements from the fund. Unless required by the school board, the disbursements do not require prior approval by the board nor signature of the presiding officer of the board or the business manager. The employee designated shall keep accurate records of all receipts, expenditures, and balances of the custodial fund; issue receipts in duplicate for all money received, except money received from the sale of printed serial number admission tickets; approve the expenditures, and pay all claims upon the presentation of an itemized verified claim. A memorandum record shall be kept on file for the sale of all serially numbered tickets by events, and the record shall be signed by the person selling the tickets. The employee may destroy any record that the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 1955, ch 41, ch 10, § 11; SDC Supp 1960, § 15.2211; SL 1976, ch 115, § 4; SL 1981, ch 45, § 15; SL 2012, ch 88, § 11; SL 2020, ch 53, § 2.
S.D. Codified Laws § 13-43-17.1 — SD Code / Title 13 / Chapter 43 / Section 13-43-17.1
Operation within department--Functions--Submission of records and reports
Status: in_force

The Professional Teachers 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 the form and at such times as required by the secretary of education, except that the commission shall report at least annually.

Source: SL 1973, ch 2, § 242 (b); SL 1974, ch 137, § 2; SL 1975, ch 128, § 315; SL 1994, ch 132, § 3; SL 2004, ch 17, § 31; SL 2010, ch 77, § 22.
S.D. Codified Laws § 13-6-43 — SD Code / Title 13 / Chapter 6 / Section 13-6-43
Ballot form for election on reorganization
Status: in_force

The ballot for an election on school district reorganization shall be in the following form:

G For Proposed School District Reorganization Plan

G Against Proposed School District Reorganization Plan

Check with a cross (  ) or check mark (  ) in the square desired.

Source: SL 1955, ch 41, ch 8, § 18; SDC Supp 1960, § 15.2015; SL 1973, ch 85, § 18.
S.D. Codified Laws § 13-51-17 — SD Code / Title 13 / Chapter 51 / Section 13-51-17
Real property to be used for research park
Status: in_force

Any transfer of real property pursuant to § 13-51-16 shall be contingent on the land being used for the activities of a primary tenant of a research park, as defined by § 5-29-2 .

Source: SL 2016, ch 97, § 2.
S.D. Codified Laws § 13-37-45 — SD Code / Title 13 / Chapter 37 / Section 13-37-45
Allocation of undistributed appropriations
Status: in_force

Any funds appropriated as state aid for special education that are not distributed according to § 13-37-36.3 shall be used to fund any shortfall of the appropriation provided for in § 13-13-73 . The remaining funds shall be allocated by the secretary of the Department of Education for the purposes specified in § 13-37-40 . The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the special education formula in the current year. If a shortfall in the state aid appropriation for special education exists that cannot be covered by § 13-13-73 , the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.

Source: SL 1995, ch 101, § 9B; SL 1997, ch 103, § 3; SL 2003, ch 272, § 63; SL 2021, ch 73, § 16.
S.D. Codified Laws § 13-13-73.9 — SD Code / Title 13 / Chapter 13 / Section 13-13-73.9
Required increase or minimum salary--Penalty
Status: in_force

The Department of Education must decrease state aid to general education funding to the school district in the following fiscal year by five hundred dollars for each full-time equivalent teacher employed in the school district if:

(1) The school district does not increase the school district's average teacher compensation in accordance with § 13-13-73.6 ; or

(2) The school district does not pay each full-time equivalent teacher a salary at least equal to the state minimum salary as defined in § 13-13-73.8 .

Source: SL 2024, ch 53, § 5; SL 2026, ch 15, § 3.
S.D. Codified Laws § 13-16-31 — SD Code / Title 13 / Chapter 16 / Section 13-16-31
Transfers from Title VIII fund
Status: in_force

The Title VIII of the Elementary and Secondary Education Act fund shall serve as a fund from which transfers shall be made to the funds enumerated in § 13-16-2 . A school district may not make expenditures out of its Title VIII of the Elementary and Secondary Education Act fund. Transfers out of the Title VIII of the Elementary and Secondary Education Act fund shall be made at the discretion of the school board.

Source: SL 1991, ch 138, § 3; SL 1997, ch 89, § 3; repealed by SL 2012, ch 87, § 14; reinstated by SL 2013, ch 73, § 3.
S.D. Codified Laws § 13-43-25 — SD Code / Title 13 / Chapter 43 / Section 13-43-25
Rules of Professional Teachers Practices and Standards Commission--Code of ethics--Recommendations to boards
Status: in_force

The Professional Teachers Practices and Standards Commission shall promulgate rules pursuant to chapter 1-26 , to carry out the provisions of §§ 13-43-16 to 13-43-28.1 , inclusive.

The commission shall adopt a code of professional ethics for the teaching 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 teaching profession.

Source: SL 1969, ch 62, § 4; SL 1970, ch 104, § 3; SL 1974, ch 137, § 5; SL 1975, ch 128, § 318; SL 1979, ch 123, § 3; SL 1994, ch 132, § 10; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-53-34.1 — SD Code / Title 13 / Chapter 53 / Section 13-53-34.1
Reclassification to resident status upon marriage to state resident
Status: in_force

The Board of Regents shall reclassify any nonresident student to the status of resident student upon timely proof of marriage of the student to a resident of South Dakota.

Source: SL 2013, ch 89, § 4.
S.D. Codified Laws § 13-39-53 — SD Code / Title 13 / Chapter 39 / Section 13-39-53
School district laws applicable to multidistrict, career and technical academies
Status: in_force

Multidistrict, career and technical academies are subject to the rules adopted by the state board pursuant to chapter 1-26 and to applicable statutory requirements of school districts. A center board has the same power, authority, responsibility, and obligations as a school board, except for the authority to levy taxes and to issue bonds. All state statutes relating to educational financial activities and other educational activities apply to multidistrict, career and technical academies unless otherwise prohibited by §§ 13-39-41 to 13-39-64 , inclusive.

Source: SL 1973, ch 123, §§ 8, 14, 15; SL 1975, ch 128, § 261; SL 1982, ch 147, § 45; SL 2009, ch 88, § 7.
S.D. Codified Laws § 13-24-4 — SD Code / Title 13 / Chapter 24 / Section 13-24-4
Exchange of property with state, municipality, township, or county
Status: in_force

Any school district and the State of South Dakota, any municipality, organized township, or county within or partly within the boundaries of the school district may transfer, exchange, or convey land and properties belonging to them and under their jurisdiction upon terms and conditions determined and agreed upon by the respective governing bodies.

Source: SL 1949, ch 72; SL 1955, ch 41, ch 11, § 16; SL 1957, ch 50; SL 1959, ch 69; SDC Supp 1960, § 15.2116; SL 1973, ch 92; SL 1975, ch 128, § 152; SL 1981, ch 140.
S.D. Codified Laws § 13-55A-2 — SD Code / Title 13 / Chapter 55A / Section 13-55A-2
Definitions
Status: in_force

Terms used in §§ 13-55A-2 to 13-55A-14 , inclusive, unless the context otherwise requires, mean:

(1) "Eligible institution," an institution of education beyond the high school level, located in South Dakota, which may include all public and private nonprofit and proprietary institutions, including four-year colleges and universities, community and junior colleges, area technical or vocational schools, trade schools, technical colleges, schools of nursing or of the health professions or any institution which is determined by the executive director to be regularly accredited to offer postsecondary educational services by a recognized and appropriate accrediting agency, as determined by the executive director, and which has an agreement with the United States secretary of education for the conduct of any of the programs currently participating in any federal financial assistance program authorized by Title IV of The Higher Education Act of 1965, as amended to January 1, 2010;

(2) "Financial need," the amount of assistance, as determined by a federal department of education by calculating a student's estimated cost of attendance (minus family contribution and additional aid granted) at an eligible institution;

(3) "Qualified student," a resident student who is enrolled in an eligible institution in a course of study on at least a half-time basis, as certified by the institution, and who has established financial need and who is maintaining satisfactory progress toward graduation;

(4) "Resident student," an individual who has been determined by the executive director to be a resident of South Dakota and who is enrolled at an eligible institution;

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

(6) "South Dakota need-based grant," an award by the State of South Dakota to a qualified student under this chapter.

Source: SL 1974, ch 141, § 2; SL 1981, ch 159, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 104, § 2; SL 2013, ch 92, § 2, eff. Mar. 12, 2013; SL 2020, ch 61, § 52; SL 2021, ch 83, § 5, eff. Mar. 18, 2021.
S.D. Codified Laws § 13-63-25 — SD Code / Title 13 / Chapter 63 / Section 13-63-25
Government and non-profit organizations as account owners--Beneficiaries identified after account opened
Status: in_force

A state or local government or organizations described in section 501(c)(3) of the Internal Revenue Code and related regulations may open and become the account owner of an account to fund scholarships for persons whose identity will be determined after an account is opened. In this case, the requirement that a designated beneficiary be designated when an account is opened does not apply and each person who receives an interest in the account as a scholarship shall be treated as a designated beneficiary with respect to the interest.

Source: SL 2001, ch 97, § 25.
S.D. Codified Laws § 13-54-2 — SD Code / Title 13 / Chapter 54 / Section 13-54-2
Receipt and disbursement of federal funds for agricultural extension work
Status: in_force

The state treasurer shall be the custodian of the funds provided for the carrying out of § 13-54-1 . He is authorized to receive and receipt for any money appropriated for the purpose by the federal government and to disburse the same according to law.

Source: SDC 1939, § 15.1207.
S.D. Codified Laws § 13-15-25 — SD Code / Title 13 / Chapter 15 / Section 13-15-25
Agreement with nonprofit organization to provide for children's recreation--Funding
Status: in_force

The school board of a school district may enter into an agreement or contract with a nonprofit organization to provide for the recreation of the children who reside within the school district and to provide for the construction, operation, and maintenance of any recreational facility for the school district and the nonprofit organization upon terms and conditions as may be mutually agreed. The nonprofit organization shall be an exempt organization under section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. If a school district incurs any indebtedness through an agreement or contract with a nonprofit organization pursuant to this section, the school district shall comply with any requirement concerning indebtedness of a school district including public notification or bond election.

Source: SL 1998, ch 90, § 1.
S.D. Codified Laws § 13-8-26 — SD Code / Title 13 / Chapter 8 / Section 13-8-26
Appointment of committees--Persons authorized to countersign checks and warrants
Status: in_force

The president of the school board shall appoint all committees, and shall preside at the meetings of the board. The president, or in the president's absence any board member designated by the school board at a board meeting, shall countersign all checks or warrants drawn by the business manager which have been authorized for payment by the school board.

Source: SDC 1939, § 15.2518; SL 1955, ch 41, ch 9, § 32; SDC Supp 1960, § 15.2332; SL 1975, ch 128, § 58; SL 2014, ch 78, § 1.
S.D. Codified Laws § 13-39A-27 — SD Code / Title 13 / Chapter 39A / Section 13-39A-27
Technical colleges facilities fund
Status: in_force

There is hereby created within the state treasury a trust fund on behalf of the board known as the technical colleges facilities fund. The fund shall consist of any appropriation by the Legislature specifically designated for deposit in the fund and any other moneys designated for deposit in the fund, including any investment earnings. The state treasurer may create subfunds or accounts within the trust fund created in this section as the treasurer considers necessary. Any investment earnings in the fund may be transferred annually by the state treasurer to the tuition subaccount established in § 13-39A-28 .

Source: SL 2017, ch 81, § 27; SL 2020, ch 61, § 16.
S.D. Codified Laws § 13-19-29 — SD Code / Title 13 / Chapter 19 / Section 13-19-29
Limitation on expenditures when amounts are due and funds pledged as security
Status: in_force

If capital outlay certificates are issued pursuant to the program authorized by § 13-19-27 or 1-16A-97 , or a lease-purchase agreement, or other financing arrangement is entered into with the Health and Educational Facilities Authority as authorized by § 13-13-39 , 13-16-6.4 , 13-16-7 , 13-16-29 , 13-19-27 , or 13-19-28 , and a school district has pledged state aid to education funds provided under Title 13 to secure its obligations under or pursuant to a lease, resolution, certificate, or other arrangement and the authority determines that a school district is delinquent in making any payments pursuant to a lease, resolution, certificate or other arrangement, then no cash receipts from the collection of any taxes, from state aid under chapter 13-13 or from the collection of tuition charges may be expended for any purpose except paying the amounts due pursuant to the lease, resolution, certificate, or other arrangement as specified by written notice by or on behalf of the authority pursuant to § 13-13-39 . In such event, moneys from state aid under Title 13 shall be applied to pay the amounts as shall be specified by the authority to the authority or any financial institution acting as any paying agent or trustee on behalf of any holders of bonds, notes, lease purchase, capital outlay certificates, or other obligations in connection with any such arrangement and any such holders.

Source: SL 1986, ch 124, § 3; SL 1989, ch 146, § 8; SL 1999, ch 84, § 7; SL 2015, ch 89, § 19; SL 2015, ch 90, § 2.
S.D. Codified Laws § 13-51-9 — SD Code / Title 13 / Chapter 51 / Section 13-51-9
Eminent domain power for institutional purposes
Status: in_force

The Board of Regents shall have power to condemn private property for public use, to the extent herein provided, when the Legislature has appropriated money for such purpose; and the term "private property" as used in this section and § 13-51-10 shall include that portion of any street or alley along both sides of which the land is owned by the state. The power provided herein shall not be exercised to create or enlarge experimental farms.

Source: SL 1957, ch 77; SDC Supp 1960, § 15.0741.
S.D. Codified Laws § 13-51A-42 — SD Code / Title 13 / Chapter 51A / Section 13-51A-42
Supplemental nature of chapter--Conflicting provisions
Status: in_force

The powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by any other law, general or special, and bonds may be issued under this chapter notwithstanding the provisions of any other such law and without regard to the procedure required by any other such laws. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general or special, the provisions of this chapter shall be controlling, and no further approval of the exercise by the board of any of the powers herein granted shall be necessary.

Source: SL 1971, ch 134, § 13.
S.D. Codified Laws § 13-28-7.3 — SD Code / Title 13 / Chapter 28 / Section 13-28-7.3
Exclusion of student for risk of infectious disease or communicable parasite--Readmission
Status: in_force

A school board or school superintendent may, with the concurrence of the county health officer, exclude from school attendance a student who is determined to be a risk or nuisance to the health of other students or school employees due to the presence of infectious disease or communicable parasite. A student may be readmitted when the school board or school superintendent, with the concurrence of the county health officer, determines that the state of communicability or infectiousness no longer exists.

Source: SL 1977, ch 129, § 2.
S.D. Codified Laws § 13-51A-38 — SD Code / Title 13 / Chapter 51A / Section 13-51A-38
Parietal rules
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 make and enforce and agree to make and enforce parietal rules that shall ensure the use of any project to the maximum extent to which such project is capable of serving students, staff members, and others using or being served by, or having the right to use or the right to be served by, or to operate, any project.

Source: SL 1971, ch 134, § 5, subdiv 5.
S.D. Codified Laws § 13-42-17.1 — SD Code / Title 13 / Chapter 42 / Section 13-42-17.1
Public and confidential records--Disclosure
Status: in_force

The final decision of the secretary regarding a certificate, along with the findings of fact and conclusions of law, is a public record. If the certificate holder requests a private hearing pursuant to § 13-42-14 , the written record and evidence from the hearing, including the findings of fact and conclusions of law, are confidential unless adopted by the secretary as part of the final decision. However, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43 , the written record and evidence from the hearing may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.

Source: SL 2015, ch 98, § 16.
S.D. Codified Laws § 13-33A-16 — SD Code / Title 13 / Chapter 33A / Section 13-33A-16
Nasal glucagon--Immunity from liability
Status: in_force

The following persons may not be held liable for any death, injury, or damage that results from the administration of, or the failure to administer, nasal glucagon if the action or inaction constitutes ordinary negligence:

(1) A school district or nonpublic school, and any of its employees, agents, or other personnel;

(2) A licensed health care provider who prescribes nasal glucagon in the name of a school district or nonpublic school;

(3) A licensed health care provider who dispenses or distributes nasal glucagon to an employee of a school district or nonpublic school; and

(4) A licensed health care provider who provides training on nasal glucagon to an employee of a school district or nonpublic school.

Source: SL 2024, ch 57, § 5.
S.D. Codified Laws § 13-53-18 — SD Code / Title 13 / Chapter 53 / Section 13-53-18
Board approval of expenditures required--Indebtedness limited to available funds--Expenditures limited by legal purposes
Status: in_force

Except as provided in § 13-53-19 , expenditures shall be made only by express authority of the Board of Regents first obtained, and no indebtedness shall ever be permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall, under any circumstances, be made except for the legal purpose for which such fund exists and for the institution to which it belongs.

Source: SDC 1939, § 15.0724; SL 1955, ch 40.
S.D. Codified Laws § 13-57-6.1 — SD Code / Title 13 / Chapter 57 / Section 13-57-6.1
Museum continued within historical society
Status: in_force

The museum at the University of South Dakota shall continue within the South Dakota State Historical Society of the Department of Education, and all its functions shall be performed by the South Dakota State Historical Society as provided by § 1-45-23 .

Source: SL 1973, ch 2, § 255 (a); SL 2004, ch 17, § 33; SL 2015, ch 277 (Ex. Ord. 15-1 ), § 28, eff. Apr. 20, 2015; SL 2021, ch 7, § 4.
S.D. Codified Laws § 13-14-2 — SD Code / Title 13 / Chapter 14 / Section 13-14-2
Contracts for federal surplus commodity programs--Receipt and expenditure of federal funds
Status: in_force

The secretary of education is hereby authorized to enter into contracts with any agency of the United States government to administer programs for the receipt, allocation, and distribution of surplus commodities to schools, child care centers, summer camps, state institutions, counties, Indian reservations, and related welfare purposes, to receive grants of federal funds for those purposes, and to expend such funds in the manner provided by law.

Source: SL 1964, ch 49; SL 2004, ch 17, § 14.
S.D. Codified Laws § 13-13-90 — SD Code / Title 13 / Chapter 13 / Section 13-13-90
Promulgation of rules regarding workforce education fund
Status: in_force

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 approval of applications, and the distribution of funds from the workforce education fund.

Source: SL 2013, ch 7, § 12, eff. Mar. 20, 2013; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-49-15 — SD Code / Title 13 / Chapter 49 / Section 13-49-15
Purchasing and contracting for institutions--Incidental powers of board
Status: in_force

The Board of Regents may make contracts for service, the erection of buildings, the purchase of all lands, materials, and supplies needed, unless such supplies are under the supervision of the Bureau of Human Resources and Administration.

In the carrying out of such contracts, the board may expend money, exact and collect penalties, and purchase or sell property within the limitations of statute.

Source: SDC 1939, § 15.0710; SL 2007, ch 109, § 15; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 13-11-4 — SD Code / Title 13 / Chapter 11 / Section 13-11-4
District funds appropriated to payment of judgment
Status: in_force

Any unobligated surplus fund in the treasury of the school district at the end of the fiscal year may be appropriated to the payment of a judgment.

Source: SL 1955, ch 41, ch 10, § 37; SDC Supp 1960, § 15.2237; SL 1975, ch 128, § 77.
S.D. Codified Laws § 13-19-3 — SD Code / Title 13 / Chapter 19 / Section 13-19-3
Borrowing limit reduced by outstanding warrants or notes
Status: in_force

In case any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit as specified in § 13-19-2 shall be reduced by the amount of such warrants or promissory notes outstanding at the time the money is borrowed.

Source: SL 1955, ch 41, ch 10, § 16; SDC Supp 1960, § 15.2216 (2); SL 1965, ch 48.
S.D. Codified Laws § 13-1-31 — SD Code / Title 13 / Chapter 1 / Section 13-1-31
School library supervision--No minimum expenditures
Status: in_force

The secretary of education shall have supervision over school libraries. The South Dakota Board of Education Standards shall adopt such rules as it deems necessary to govern them. The board may not require minimum library expenditures.

Source: SDC Supp 1960, § 15.0803 as added by SL 1967, ch 37, § 1; SL 1975, ch 128, § 10; SL 1980, ch 118; SL 2004, ch 17, § 10; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-53-51 — SD Code / Title 13 / Chapter 53 / Section 13-53-51
Use of outdoor areas as public forum--Reasonable restrictions--Expressive activity in other areas not limited
Status: in_force

Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.

A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.

Source: SL 2019, ch 94, § 3.
S.D. Codified Laws § 13-39A-1 — SD Code / Title 13 / Chapter 39A / Section 13-39A-1
Definitions
Status: in_force

Terms used in this chapter, mean:

(1) "Board," the South Dakota Board of Technical Education;

(2) "Department," the Department of Education;

(3) "Executive director," the executive director of the board;

(4) "Facilities," buildings, rooms, property, and permanent equipment, including vehicles, used to provide technical education;

(5) "LEA," a local education agency limited to public school districts, the legal entities that a school district is authorized to establish or a distinct separate LEA established pursuant to § 13-39A-35 ;

(6) "Technical college," a public nonprofit school legally authorized to provide career and technical Associate of Applied Science degrees and certificates or their successor equivalents and that are funded wholly or in part by the state as referenced in § 13-39A-42 ; and

(7) "Secretary," the secretary of the Department of Education.

Source: SL 2017, ch 81, § 1; SL 2020, ch 61, § 1.
S.D. Codified Laws § 13-43-6.9 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.9
Evidence of delivery of written request for a hearing
Status: in_force

Delivery of a written request for a hearing provided by § 13-43-6.2 or 13-43-6.7 shall be established by certified mail with return receipt signed by the superintendent, chief executive officer, or board member, or a person authorized to accept certified mail for the district, or personal delivery evidenced by a receipt signed by the superintendent, chief executive officer, or board member, or an affidavit of personal service upon the district made by a person authorized to effect personal service no later than fifteen days after receipt of the notice by the teacher.

Source: SL 2005, ch 107, § 5.
S.D. Codified Laws § 13-39-45 — SD Code / Title 13 / Chapter 39 / Section 13-39-45
Small academy center board
Status: in_force

If four or less school districts comprise a multidistrict, career and technical academy, and if enrollment within the school districts is insufficient to provide five members in accordance with § 13-39-44 , the boards of the school districts shall agree upon the number and manner of selection of members of the center board and shall submit their plan of selection for approval or disapproval to the state board pursuant to § 13-39-41 .

Source: SL 1973, ch 123, § 9; SL 1982, ch 147, § 41; SL 2009, ch 88, § 6.
S.D. Codified Laws § 13-42-68 — SD Code / Title 13 / Chapter 42 / Section 13-42-68
Temporary certificate for spouses of military personnel
Status: in_force

If the secretary is unable to complete the review of the documentation required by the applicant or make a final determination regarding substantial equivalency within thirty days of the receipt of a completed application, the secretary shall issue a temporary certificate, if the applicant otherwise meets the qualifications set forth in § 13-42-67 .

Source: SL 2013, ch 170, § 7.
S.D. Codified Laws § 13-64-6 — SD Code / Title 13 / Chapter 64 / Section 13-64-6
Cause of action against school board
Status: in_force

The failure or refusal of any school board to implement a school sentinel program does not constitute a cause of action against the board, the school district, or any of its employees.

Source: SL 2013, ch 93, § 6.
S.D. Codified Laws § 13-55A-16 — SD Code / Title 13 / Chapter 55A / Section 13-55A-16
Scholarship––Eligible students
Status: in_force

A student is eligible for a South Dakota Freedom Scholarship, pursuant to § 13-55A-15 , if the student:

(1) Is a state resident for at least one year prior to application for the scholarship;

(2) Attends an eligible institution in pursuit of a baccalaureate degree;

(3) Establishes financial need, as determined by the eligible institution and the board described in § 13-55A-15 ;

(4) Commits, in writing, to live and work in this state for a period of three years after graduation, or following military service or graduate education, if applicable;

(5) Maintains a GPA of at least 2.0 while enrolled at an eligible institution; and

(6) Agrees, through a promissory note or other agreement, that failure to comply with this section results in the scholarship being converted to an interest-bearing loan.

A student is eligible to receive a scholarship under this section for five years. If a student fails to complete a baccalaureate degree within five years from the date of initial attendance, the board may convert any amounts awarded to the student into an interest-bearing loan.

Notwithstanding the provisions of this section, the board may temporarily or permanently waive the requirements of this section if factors, as determined by the board, prevent a student from satisfying the requirements in this section.

Source: SL 2021, ch 83, § 7, eff. Mar. 18, 2021; SL 2022, ch 48, § 2.
S.D. Codified Laws § 13-28-14 — SD Code / Title 13 / Chapter 28 / Section 13-28-14
School privileges of persons honorably discharged from military service
Status: in_force

Any person regardless of age or sex, a resident of this state, who shall have been in the military service of the United States and who shall have been honorably discharged therefrom shall be entitled to all the privileges of the public schools of the district, unless such person under act of Congress is entitled to have tuition paid by the United States, or is entitled to receive from the United States for education and training, an allowance paying in part or all of the expenses of his subsistence, tuition, fees, supplies, books, and equipment.

Source: SL 1943, ch 56; SL 1945, ch 58; SL 1945, ch 60; SL 1947, ch 72; SL 1951, ch 68; SL 1955, ch 41, ch 12, § 6; SDC Supp 1960, § 15.3006; SL 1975, ch 128, § 192.
S.D. Codified Laws § 13-53-35 — SD Code / Title 13 / Chapter 53 / Section 13-53-35
Affect of paying taxes and voting on residence status
Status: in_force

The fact that a person pays taxes and votes in the state does not in itself establish residence, but shall be considered as provided in § 13-53-34 .

Source: SL 1996, ch 130, § 13.
S.D. Codified Laws § 13-24-8 — SD Code / Title 13 / Chapter 24 / Section 13-24-8
Oil and gas proceeds paid into district general fund
Status: in_force

All moneys arising from such leases or the production of oil or gas thereunder shall become a part of the general funds of such school district.

Source: SL 1941, ch 72, § 3; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.
S.D. Codified Laws § 13-39A-25 — SD Code / Title 13 / Chapter 39A / Section 13-39A-25
Provisions of lease-purchase agreements
Status: in_force

A lease-purchase agreement authorized pursuant to § 13-39A-24 :

(1) Shall be approved by the governing body of the LEA;

(2) May provide for the simultaneous conveyance of existing facilities to be leased back with the improvements and other property being financed;

(3) May provide for all rights, title, and interest of the authority to be conveyed to the LEA or to the board upon payment or other discharge of the bonds issued therefor; and

(4) May contain any other provision the authority and the board determine is necessary or appropriate to secure payment of amounts due under any agreement. No other provision of law may limit or otherwise restrict the power and authority of an LEA or the board to enter into a lease-purchase agreement or govern the procedure by which an agreement is authorized.

Source: SL 2017, ch 81, § 25; SL 2018, ch 102, § 1.
S.D. Codified Laws § 13-1-57 — SD Code / Title 13 / Chapter 1 / Section 13-1-57
Definitions regarding news media coverage of high school activities
Status: in_force

Terms used in §§ 13-1-58 and 13-1-59 mean:

(1) "Association," any association that meets the requirements of § 13-36-4 ;

(2) "Journalism," the gathering, preparing, collecting, photographing, recording, streaming, broadcasting, writing, editing, reporting, or publishing of news or information that concerns matters of public interest for dissemination to the public, including on the internet;

(3) "Media contractor," any entity that contracts with a school board, school district, or association to conduct journalism at any interscholastic high school activity or event;

(4) "News media," personnel of a newspaper or other periodical issued at regular intervals, a news service, a radio station, a television station, or a television network, regardless of whether the news media is in print, electronic, or digital format;

(5) "School district," the same meaning as in § 13-5-1 ;

(6) "School board," the same meaning as in § 13-8-1 .

Source: SL 2013, ch 69, § 1; SL 2021, ch 70, § 1.
S.D. Codified Laws § 13-61-7 — SD Code / Title 13 / Chapter 61 / Section 13-61-7
Transportation allowance
Status: in_force

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

Source: SDC 1939, § 55.4003; SL 1975, ch 128, § 370.
S.D. Codified Laws § 13-65-3.3 — SD Code / Title 13 / Chapter 65 / Section 13-65-3.3
Tax credits--Calculation of maximum allowable
Status: in_force

The division shall calculate the maximum allowable contributions eligible for a premium tax credit for each scholarship granting organization for each fiscal year by:

(1) Dividing the total certified enrollment of all qualifying schools in a participation agreement with the scholarship granting organization in the previous school year by the total certified enrollment of all qualifying schools in participation agreements with all scholarship granting organizations in the previous school year; and

(2) Multiplying the result of subdivision (1) by the total available tax credits provided in § 13-65-3 .

Source: SL 2024, ch 66, § 4.
S.D. Codified Laws § 13-1-60 — SD Code / Title 13 / Chapter 1 / Section 13-1-60
Annual report to Board of Regents--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 completed a degree program at an institution under the control of the Board of Regents, the department, board, or commission must report to the Board of Regents the following:

(1) The number of persons who completed a degree program at each institution under the control of the Board of Regents 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, § 1; SL 2024, ch 52, § 1.
S.D. Codified Laws § 13-47-5 — SD Code / Title 13 / Chapter 47 / Section 13-47-5
Meetings of board--Records--Reports
Status: in_force

The board of directors shall meet as often as necessary to perform its duties. An affirmative vote of a majority of the members of the board shall be required to act on any matter falling within the scope of the board. The board shall keep complete minutes of its meetings and make reports.

Source: SL 1965, ch 67, § 3; SL 1975, ch 128, § 324; SL 1985, ch 140.
S.D. Codified Laws § 13-24-17 — SD Code / Title 13 / Chapter 24 / Section 13-24-17
Flagpole required--Display of flag
Status: in_force

All school boards are authorized and required to erect and maintain upon each public school building or upon the grounds surrounding the same, a good and sufficient flagstaff or pole, together with all necessary appliances, and to provide a United States flag of not less than three by five feet, which shall be floated from such flagstaff or pole during the school hours of each school day, except when a violent storm or inclement weather would destroy or materially injure such flag. The expenses shall be paid as other incidental expenses of the school district.

Source: SDC 1939, § 15.2102; SL 1955, ch 41, ch 11, § 18; SDC Supp 1960, § 15.2118; SL 1975, ch 128, § 155.
S.D. Codified Laws § 13-55-1 — SD Code / Title 13 / Chapter 55 / Section 13-55-1
Regents prohibited from granting scholarships except as expressly provided
Status: in_force

The Board of Regents, or any member of said board, is prohibited from granting scholarships of any kind that may avoid the payment of tuition fees in any of the state educational institutions, except as otherwise expressly provided for by law.

Source: SDC 1939, § 15.0718.
S.D. Codified Laws § 13-17-7 — SD Code / Title 13 / Chapter 17 / Section 13-17-7
Costs and expenses paid by judgment debtor--Deposit with school board
Status: in_force

All expenses incurred by such school board, under the provisions of this chapter, for clerk of courts fees and publication fees, shall be paid by the judgment debtor, regardless of whether such compromise settlement is approved by the court or not, and before any petition is presented to the circuit court, as provided in this chapter, the judgment debtor shall deposit with such school board a sufficient sum of money to cover such above - mentioned fees and expense.

Source: SL 1939, ch 55, § 7; SL 1955, ch 41, ch 10, § 44; SDC Supp 1960, § 15.2244.
S.D. Codified Laws § 13-5-16 — SD Code / Title 13 / Chapter 5 / Section 13-5-16
Naming and numbering of school districts
Status: in_force

The first blank in the name of the school district as prescribed by § 13-5-15 shall be filled by the name which the district had previous to the adoption of this chapter. For all school districts newly created the first blank shall be filled by the name of any municipal corporation which might be within the district; or if the school district has similar boundaries as a county or township, the name of the county or township shall be inserted in the blank. If the district fits none of these situations, a suitable name shall be selected by the school board of the district. The blank preceding the word "county" shall be the name of the county in which the school district is located.

The number of the school district shall be determined by the secretary of the Department of Education.

Source: SL 1955, ch 41, ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1971, ch 101, § 1; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-10-8 — SD Code / Title 13 / Chapter 10 / Section 13-10-8
Discontinuance of retirement system by board
Status: in_force

Such retirement pension system may be discontinued at any time by the school board of any district in which it has been established. On such discontinuance all pension payments shall be discontinued.

Source: SL 1947, ch 81, § 4; SL 1955, ch 41, ch 16, § 19; SDC Supp 1960, § 15.3819; SL 1975, ch 128, § 74.
S.D. Codified Laws § 13-48-38.2 — SD Code / Title 13 / Chapter 48 / Section 13-48-38.2
Reinstatement of expired certificate
Status: in_force

The secretary may reinstate an expired certificate of authorization if the postsecondary institution:

(1) Continues to meet the requirements of subdivisions 13-48-37(1) and (2);

(2) Has not been ordered to cease its operations in the state pursuant to § 13-48-40 ; and

(3) Has filed with the secretary an application for reinstatement, on a form prescribed by the secretary, and paid a nonrefundable reinstatement fee of two hundred fifty dollars.

Source: SL 2018, ch 103, § 4.
S.D. Codified Laws § 13-28-6 — SD Code / Title 13 / Chapter 28 / Section 13-28-6
Continuation of privileges to pupil becoming twenty-one during school year
Status: in_force

A pupil who is enrolled in school and becomes twenty - one years of age during the fiscal school year shall have free school privileges during that school year.

Source: SL 1955, ch 41, ch 12, § 2; SDC Supp 1960, § 15.3002; SL 1971, ch 117, § 3.