S.D. Codified Laws § 13-54-7 — SD Code / Title 13 / Chapter 54 / Section 13-54-7
Other forms of extension work provided by board
Status: in_force

The Board of Regents is authorized to encourage and as far as possible provide for any other form of university extension work which is feasible and of value to the people.

Source: SDC 1939, § 15.0720.
S.D. Codified Laws § 13-28-21 — SD Code / Title 13 / Chapter 28 / Section 13-28-21
Admission of nonresident students
Status: in_force

The school board shall admit nonresident students to the public schools in the district when it can be done without injuring or overcrowding the schools.

Source: SDC 1939, § 15.3005; SL 1955, ch 41, ch 13, § 3; SDC Supp 1960, § 15.3303; SL 1967, ch 45; SL 1975, ch 128, § 194; SL 1982, ch 143, § 13.
S.D. Codified Laws § 13-51A-10 — SD Code / Title 13 / Chapter 51A / Section 13-51A-10
Execution of interim notes
Status: in_force

The notes may be executed by the president of the board, shall be attested by the secretary and be sealed with the board's corporate seal.

Source: SL 1971, ch 134, § 4 (D).
S.D. Codified Laws § 13-13-4 — SD Code / Title 13 / Chapter 13 / Section 13-13-4
Sources of county general school fund
Status: in_force

The county general school fund to be apportioned pursuant to § 13-13-5 shall consist of the net proceeds of all fines for violation of state laws and any tax so designated in Title 10.

Source: SDC 1939, § 15.1603; SL 1975, ch 128, § 80.
S.D. Codified Laws § 13-1-71 — SD Code / Title 13 / Chapter 1 / Section 13-1-71
Application and scope of provisions
Status: in_force

Nothing in §§ 13-1-67 to 13-1-71 , inclusive:

(1) Prevents an employee or a contractor who provides mandatory orientation or training from responding to questions that are raised by participants in the orientation or training and which pertain to the divisive concepts;

(2) Pertains to the content or conduct of any course of academic instruction or unit of study at an institution of higher education under the control of the Board of Regents or the Board of Technical Education; or

(3) May be construed to inhibit or violate the First Amendment rights of any student or employee, or to undermine the duty of an institution under the control of the Board of Regents or the Board of Technical Education to protect, to the greatest degree, academic freedom, intellectual diversity, and free expression.

Source: SL 2022, ch 39, § 5.
S.D. Codified Laws § 13-28A-2.1 — SD Code / Title 13 / Chapter 28A / Section 13-28A-2.1
Tuition regulation program agreements--Contents
Status: in_force

Any agreement to allow the regulation of tuition paid between South Dakota school districts and a bordering state's school districts entered into pursuant to this chapter shall specify the tuition rate to be paid by all local school districts on behalf of students enrolled in the school district of a bordering state. However, no tuition regulation program agreement established pursuant to § 13-28A-1 may specify a rate of tuition that is greater than one hundred ten percent of the per student equivalent as defined in § 13-13-10.1 .

Source: SL 2008, ch 81, § 3; SL 2016, ch 83, § 19.
S.D. Codified Laws § 13-28-19 — SD Code / Title 13 / Chapter 28 / Section 13-28-19
Assignment of students by school board
Status: in_force

The school board shall assign and distribute the resident students eligible for elementary and secondary education among the schools in the district or to any public school in this state or any other state.

Source: SL 1955, ch 41, ch 13, § 2; SL 1957, ch 73, § 2; SDC Supp 1960, § 15.3302; SL 1961, ch 80; SL 1963, ch 69, § 8; SL 1975, ch 128, § 193; SL 1997, ch 88, § 3.
S.D. Codified Laws § 13-51-11 — SD Code / Title 13 / Chapter 51 / Section 13-51-11
Protection from fire loss of buildings in construction
Status: in_force

The Board of Regents is authorized to expend from any appropriation of money for the construction of any public building that may lawfully be constructed under its supervision, or from any appropriation made for such purpose, sufficient funds to purchase and secure such protection from loss by fire during the erection of such building as may be proper in the judgment of such board.

Source: SDC 1939, § 15.0712.
S.D. Codified Laws § 13-13-72 — SD Code / Title 13 / Chapter 13 / Section 13-13-72
Legislative policy on annual increase in appropriation for state aid
Status: in_force

It is the policy of the Legislature that the appropriation for state aid to education increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. 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 maintain the proportion between state aid and local property taxes and to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1 .

Source: SL 1995, ch 94, § 38B; SL 2007, ch 93, § 23; SL 2011, ch 90, § 1; SL 2015, ch 89, § 15; SL 2016, ch 83, § 7.
S.D. Codified Laws § 13-53B-2 — SD Code / Title 13 / Chapter 53B / Section 13-53B-2
13-53B-2. 13-53B-2.Agreement covering public vocational-technical education institutions
Status: in_force

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

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

As used in this Agreement:

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

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

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

"Tuition differential factor" means that number calculated annually which is the result of averaging the average weighted difference between the resident and nonresident tuition for all programs at all eligible institutions in the participating states.

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

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

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

The terms and conditions of this Agreement shall, to the extent provided, govern matriculation of all institutions under the jurisdiction of the South Dakota Board of Education Standards, and the Minnesota Board of Education-Vocational-Technical Division and shall extend to all programs. It is the intent of this Agreement that there shall be no limitation on the number of students who may participate from either state, except to the extent of program restrictions and availability of space in the particular program which the student seeks to enter.

A. All persons who qualify as residents of Minnesota or South Dakota for purposes of public vocational-technical education under the laws or rules of the state in which they claim to reside, shall be eligible to apply for admission and attend any of the eligible institutions or programs. It is specifically understood and agreed that all participants under this program shall be treated on an equal basis with state residents, such equality of treatment particularly including, but not necessarily limited to, admissions, tuition and fees.

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

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

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

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

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

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

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

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

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

B. The state with the greater total clock hours of participation shall reimburse the other in an amount which shall be determined by multiplying the difference between the states' total clock hours of participation by the tuition differential factor for the year in question.

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

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

Source: SL 1985, ch 146; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-58-19 — SD Code / Title 13 / Chapter 58 / Section 13-58-19
South Dakota Art Museum
Status: in_force

The South Dakota Art Museum is the property of the State of South Dakota. The purpose of the museum is to house pieces of art, sculpture, etchings, and other important cultural items belonging to the State of South Dakota and South Dakota State University or selected by the South Dakota Federation of Women's Clubs to serve as an inspiration to all citizens of South Dakota.

The Board of Regents has authority over the museum. In recognition of its fund raising on behalf of the South Dakota Art Museum, the South Dakota Federation of Women's Clubs may obtain authorization to locate its headquarters and offices within the museum. The Board of Regents may establish a memorial room in the museum to honor pioneers who made significant contributions to the progress of the state, and the South Dakota Federation of Women's Clubs may select the individuals to be included in the memorial room.

South Dakota State University is responsible for and shall perform all the functions of the South Dakota Art Museum including business operations, accession, de-accession of holdings, and operation and maintenance expenses. South Dakota State University shall assure that the facility is managed and arranged as not to interfere with the rights, privileges, and purposes assured by this section to the South Dakota Federation of Women's Clubs.

Any grant or donation made to the South Dakota Art Museum after July 1, 2015, may be accepted and administered by South Dakota State University.

Source: SL 1957, ch 79, §§ 3, 4, 6; SDC Supp 1960, § 15.1210; SL 1965, ch 40; SDCL § 13-58-20 ; SL 1975, ch 128, § 358; SL 2015, ch 108, § 1.
S.D. Codified Laws § 13-1-72 — SD Code / Title 13 / Chapter 1 / Section 13-1-72
Cash payment accepted--School-affiliated event
Status: in_force

A qualifying school that refuses to accept a cash payment from an individual for admission to a school-affiliated event on the day of the event, must grant the individual admission to the event without charge if:

(1) The individual demonstrates that the individual has an amount of cash sufficient to pay for the admission fee; and

(2) Seating to the event is available.

For the purposes of this section, "cash" means any physical coin, currency, or note that is designated as legal tender by federal law.

For the purposes of this section, "qualifying school" means any school district or accredited nonpublic school.

For the purposes of this section, "school-affiliated event" means any athletic competition, play, musical, concert, performance, or other activity occurring in this state, which is conducted or sponsored by the qualifying school, or in which the qualifying school participates, and for which an admission fee that is less than two hundred dollars per individual is charged.

Source: SL 2025, ch 75, § 1.
S.D. Codified Laws § 13-6-87 — SD Code / Title 13 / Chapter 6 / Section 13-6-87
Order of county commissioners approving or making boundary change--Distribution of copies
Status: in_force

Upon receipt of the resolution approving a boundary change or the petition for a boundary change from the school board of each school district affected, the board of county commissioners having jurisdiction over the district to which the territory is to be annexed shall at its next regular meeting issue its order setting forth the effective date of such boundary change. Copies of the order shall be mailed or delivered to the secretary of the Department of Education, the county auditor and each of the county commissioners of the county, or counties, involved, and the chairmen of the school boards of the respective school districts.

Source: SDC Supp 1960, § 15.2017 as added by SL 1963, ch 72; SL 1973, ch 85, § 38; SL 1979, ch 112, § 6; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-49-11 — SD Code / Title 13 / Chapter 49 / Section 13-49-11
Corporate powers of board--Management of property
Status: in_force

The Board of Regents is, and it and its successors in office shall continue to be, a corporation, or body corporate, with power to sue and be sued, to hold, lease, and manage, for the purposes for which they were established, any property belonging to the educational institutions under its control, collectively or severally, of which it shall in any manner become possessed.

Source: SDC 1939, § 15.0706; SL 1989, ch 155.
S.D. Codified Laws § 13-39A-39 — SD Code / Title 13 / Chapter 39A / Section 13-39A-39
Continuing contract and collective bargaining provisions not applicable--Notice of nonrenewal
Status: in_force

The continuing contract provisions set forth in chapter 13-43 and the collective bargaining provisions set forth in chapters 3-18 and 60-9A do not apply to any person performing work for a technical college. However, the governing board shall give at least sixty days written notice of the intent to nonrenew a year-to-year contract with a contracted employee in a technical college.

Source: SL 2017, ch 80, § 1; SL 2017, ch 81, § 39; SL 2020, ch 61, § 24.
S.D. Codified Laws § 13-42-12 — SD Code / Title 13 / Chapter 42 / Section 13-42-12
Procedures for revocation or suspension of certificate
Status: in_force

Except as provided in § 13-42-10 , any person may initiate proceedings for the revocation or suspension of a certificate. A written complaint shall be filed with the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission. The complaint shall specify generally the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served upon the certificate holder in person or by registered or certified mail addressed to the person's last known address. The certificate holder shall, within thirty days after the service of the complaint, file with the commission a written answer to the charges specified. The hearing shall be conducted consistent with the requirements of chapter 1-26 . Each commission may promulgate rules, pursuant to chapter 1-26 , to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints.

Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1975, ch 128, § 300; SL 1985, ch 138; SL 1985, ch 139, § 16; SL 1989, ch 153, § 7; SL 1994, ch 132, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 10.
S.D. Codified Laws § 13-15-14 — SD Code / Title 13 / Chapter 15 / Section 13-15-14
Joint facilities credited to district--Kindergarten through grade six required--Exception
Status: in_force

School districts entering into contractual agreements specified in § 13-15-11 or 13-15-1.3 are considered to be operating a school whether or not the school is located within the boundary of the district. In any event, each school district, except those which have entered into an approved contract under the provisions of § 13-15-11 , shall operate at least an instructional program for kindergarten through grade six within the boundaries of the district.

Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245; SL 1963, ch 76; SL 1975, ch 128, § 98; SL 1981, ch 137, § 2; SL 1983, ch 126, § 6; SL 1985, ch 129, § 23; SL 1986, ch 122, §§ 1, 24; SL 1996, ch 69, § 8; SL 2004, ch 128, § 2.
S.D. Codified Laws § 13-16-14 — SD Code / Title 13 / Chapter 16 / Section 13-16-14
Restriction on transfers from bond redemption fund
Status: in_force

No money in the bond redemption fund may be transferred to any other fund unless a sufficient amount of money is retained in this fund to retire all outstanding bonds together with such interest as will accrue on such bonds. If any money is transferred from the bond redemption fund, the money shall be transferred to the general fund or the capital outlay fund.

Source: SL 1955, ch 41, ch 10, § 4; SDC Supp 1960, § 15.2204; SL 1963, ch 75, § 1; SL 1965, ch 47; SL 2005, ch 99, § 1.
S.D. Codified Laws § 13-18-9 — SD Code / Title 13 / Chapter 18 / Section 13-18-9
Registered warrant prenumbered and issued when funds insufficient--Records kept--Endorsement--Interest earned
Status: in_force

Whenever an approved voucher is presented for payment and there is insufficient money in the fund for the full payment of the claim, the school board may instruct the business manager to issue a prenumbered registered warrant or warrants for the payment of the approved voucher. The registered warrants shall be recorded by the business manager in a register and shall be arranged in columns to show the number, date, amount of the warrant, the fund upon which the warrant is drawn, the payee, the date of payment, the amount of interest, the total amount paid thereon, and the date of mailing notice to the payee in whose name the warrant is registered. Each registered warrant shall be identified clearly on the face by being printed or stamped "registered warrant" and shall be signed by the president of the board on the face of the warrant and the business manager shall sign the endorsement statement: Voucher presented for payment this __________ day of __________ 20__________, and not paid for want of money in the __________ fund, registration number __________ and the rate of interest __________ percent. Every warrant thus endorsed shall draw interest to be determined by the school board until paid.

Source: SDC 1939, §§ 15.2221, 15.2222; SL 1947, ch 64; SL 1955, ch 41, ch 10, § 13; SL 1957, ch 70; SDC Supp 1960, § 15.2213; SL 1975, ch 128, § 113; SL 1983, ch 28, § 36.
S.D. Codified Laws § 13-6-44 — SD Code / Title 13 / Chapter 6 / Section 13-6-44
General election law applicable to reorganization elections
Status: in_force

In all other respects the election shall be held according to the laws governing elections in this state.

Source: SL 1955, ch 41, ch 8, § 18; SDC Supp 1960, § 15.2015.
S.D. Codified Laws § 13-28-47.1 — SD Code / Title 13 / Chapter 28 / Section 13-28-47.1
Return of student to resident school district or assigned school--Notice
Status: in_force

If, after the conclusion of a school year, a student enrolled under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, wishes to return to the student's resident school district or assigned school, the student's parent or legal guardian shall, or if the student is emancipated, the student shall notify the affected school board or boards of the student's intent to return to the resident school district or previously assigned school on forms provided by the Department of Education. The student's parent or legal guardian shall, or if the student is emancipated, the student shall notify the affected school board or boards of the student's intent to re-enroll in the resident school district or previously assigned school no later than August first. However, if the affected school board or boards determine that special circumstances exist, a student may be allowed to transfer to the student's resident school district or assigned school after the deadline.

Source: SL 2018, ch 97, § 2.
S.D. Codified Laws § 13-58-14 — SD Code / Title 13 / Chapter 58 / Section 13-58-14
Director of animal disease laboratory--Employment of personnel
Status: in_force

The Board of Regents, upon recommendation of the president of South Dakota State University, shall employ a competent person to direct the laboratory to be known as the director of the State Animal Disease Research and Diagnostic Laboratory and shall employ such assistants and other employees required to carry out the work of the State Animal Disease Research and Diagnostic Laboratory.

Source: SL 1967, ch 282, § 2.
S.D. Codified Laws § 13-10-14 — SD Code / Title 13 / Chapter 10 / Section 13-10-14
Criminal background investigation--Exemption--Persons continuously employed from July 1, 2000
Status: in_force

Any person employed by an accredited school on July 1, 2000, who remains continuously employed by the same accredited school for consecutive school years is not required to submit to a criminal background check as provided in § 13-10-12 .

Source: SL 2000, ch 76, § 3; SL 2026, ch 79, § 4.
S.D. Codified Laws § 13-15-4 — SD Code / Title 13 / Chapter 15 / Section 13-15-4
School facilities located on federal property
Status: in_force

The school facilities described in § 13-15-3 may be located on federal property upon which the federal government holds exclusive jurisdiction provided such federal property adjoins the school district making such contract.

Source: SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78.
S.D. Codified Laws § 13-10-16 — SD Code / Title 13 / Chapter 10 / Section 13-10-16
Conviction defined
Status: in_force

For purposes of §§ 13-10-12 to 13-10-16 , inclusive, the term, conviction, means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. A duly certified copy of the court record is proof of the conviction and sentence.

Source: SL 2000, ch 76, § 5.
S.D. Codified Laws § 13-61-4 — SD Code / Title 13 / Chapter 61 / Section 13-61-4
Name and location of school--Control by Board of Regents--Nonresidents
Status: in_force

Any resident of this state, under twenty - one years of age, who by reason of blindness or deaf - blindness, either partial or total, has not received and is unable to receive the full benefits of the public schools, and who is capable of receiving instruction, and who is free from contagious diseases and physically fit to attend such school is eligible for programs provided by the South Dakota School for the Blind and the Visually Impaired and, if necessary, shall be received and taught, free of charge, at such school and is entitled to receive an education in such institution until completion of the secondary level program or attainment of the age of twenty - one years, whichever comes first, at the expense of the state. Any person who is not a resident of the state, but meets all of the other qualifications included in this section, may be admitted to the school if the Board of Regents determines that the admittance does not exclude eligible residents of the state and upon payment of board, tuition, and care charges established by the Board of Regents.

Source: SDC 1939, § 55.4003; SL 1975, ch 128, § 368; SL 1977, ch 166, § 1; SL 1979, ch 145, § 1; SL 1989, ch 171, § 1; SL 1998, ch 110, § 10.
S.D. Codified Laws § 13-32-9 — SD Code / Title 13 / Chapter 32 / Section 13-32-9
Suspension from extracurricular activities for controlled substances violation--Unified Judicial System to give certain notices
Status: in_force

Any person adjudicated, convicted, the subject of an informal adjustment or court-approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency for possession, use, or distribution of controlled drugs or substances or marijuana as defined in chapter 22-42 , or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by § 22-42-15 , is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one calendar year from the date of adjudication, conviction, diversion, or suspended imposition of sentence. The one-year suspension may be reduced to thirty calendar days if the person participates in an assessment with a certified or licensed addiction counselor. If the assessment indicates the need for a higher level of care, the student is required to complete the prescribed program before becoming eligible to participate in extracurricular activities. Upon a second adjudication, conviction, diversion, or suspended imposition of a sentence 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 as prohibited by § 22-42-15 , by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one year from the date of adjudication, conviction, diversion, or suspended imposition of sentence. The one year suspension may be reduced to sixty calendar days if the person completes an accredited intensive prevention or treatment program. Upon a third or subsequent adjudication, conviction, diversion, or suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana as defined in chapter 22-42 , or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by § 22-42-15 , by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education. Upon such a determination in any juvenile court proceeding the Unified Judicial System shall give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is participating in any extracurricular activity. The Unified Judicial System shall give notice to the chief administrators of secondary schools accredited by the Department of Education for any such determination in a court proceeding for any person eighteen to twenty-one years of age without regard to current status in school or involvement in extracurricular activities. The notice shall include name, date of birth, city of residence, and offense. The chief administrator shall give notice to the South Dakota High School Activities Association if any such person is participating in extracurricular activities.

Upon placement of the person in an informal adjustment or court-approved diversion program, the state's attorney who placed the person in that program shall give notice of that placement to the South Dakota High School Activities Association and chief administrator of the school in which the person is participating in any extracurricular activity.

As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. Students are ineligible to participate in activity events, competitions, and performances, but a local school district may allow a student to participate in practices.

Source: SL 1997, ch 102, §§ 1, 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2006, ch 82, § 1; SL 2010, ch 92, § 1; SL 2014, ch 88, § 1.
S.D. Codified Laws § 13-55-36 — SD Code / Title 13 / Chapter 55 / Section 13-55-36
Board of Regents to promulgate rules
Status: in_force

The Board of Regents shall promulgate rules, pursuant to chapter 1-26 , to accomplish the purposes of §§ 13-55-30 to 13-55-36 , inclusive.

Source: SL 2003, ch 110, § 8.
S.D. Codified Laws § 13-5-29 — SD Code / Title 13 / Chapter 5 / Section 13-5-29
Vested contract rights not impaired
Status: in_force

None of the provisions of this title shall in any manner be construed to abrogate or impair any vested rights under any preexisting contract.

Source: SL 1955, ch 41, ch 18, § 3; SDC Supp 1960, § 15.4003.
S.D. Codified Laws § 13-39-55 — SD Code / Title 13 / Chapter 39 / Section 13-39-55
Assessment of participating districts for proportionate share of center expenses--Payment
Status: in_force

For the purpose of paying any administrative, planning, operating, or capital expenses incurred or to be incurred, a center board shall assess each participating school district its proportionate share based upon its enrollment in grades nine through twelve as compared to the total enrollment in grades nine through twelve of all participating school districts in the multidistrict center. Each participating school district shall remit payment of its assessment to the center board no later than thirty days after the official date of receipt as noted on the assessment notice.

Source: SL 1973, ch 123, § 16; SL 1982, ch 147, § 47.
S.D. Codified Laws § 13-54-12 — SD Code / Title 13 / Chapter 54 / Section 13-54-12
Per diem and expenses of county extension board
Status: in_force

The members of the county extension board shall receive payment comparable to members of other county boards and commissions other than the members of the board of county commissioners as shall be established by the board of county commissioners but in no case less than five dollars for each day or part of a day actually engaged in the service of the board and shall be paid expenses incurred in necessary service inside or outside of the county at the same rate paid county extension personnel. Any amount paid a county commissioner who is a member of this board shall not be included in the limits of compensation provided for in § 7-7-5 .

Source: SDC 1939, § 4.0504 as added by SL 1965, ch 2; SDCL, § 38-3-5; SL 1973, ch 252, § 2; SL 1974, ch 253, § 2.
S.D. Codified Laws § 13-14-4 — SD Code / Title 13 / Chapter 14 / Section 13-14-4
School district contracts with federal agencies--Receipt and expenditure of federal grants
Status: in_force

Public school districts in South Dakota are hereby authorized to enter into contracts with federal agencies under the provisions of federal laws to receive grants of federal funds, as provided by federal acts and to expend such funds according to the laws and regulations of the State of South Dakota governing expenditure of funds by school districts.

Source: SL 1951, ch 82; SL 1955, ch 41, ch 10, § 35; SDC Supp 1960, § 15.2235.
S.D. Codified Laws § 13-28A-8 — SD Code / Title 13 / Chapter 28A / Section 13-28A-8
South Dakota student sent to bordering state not included in resident school district's fall enrollment for aid purposes
Status: in_force

If South Dakota enters into an open enrollment agreement with a border state for the purposes of state aid to education distributed pursuant to chapter 13-13 , any student sent to a bordering state from South Dakota may not be included in the resident school district's fall enrollment.

Source: SL 2005, ch 102, § 8; SL 2007, ch 93, § 20; SL 2008, ch 81, § 8.
S.D. Codified Laws § 13-32-7 — SD Code / Title 13 / Chapter 32 / Section 13-32-7
Possession of firearm or dangerous weapon--Public elementary or secondary school premises or vehicle--Penalty--Exceptions
Status: in_force

Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions , whether or not any person is endangered by any action under this section, is guilty of a Class 1 misdemeanor.

This section does not apply to:

(1) A law enforcement officer;

(2) An individual who has completed a school sentinel training course, in accordance with chapter 13-64 ;

(3) An individual who:

(a) Is twenty-one years of age or older;

(b) Holds an enhanced permit to carry a concealed pistol, issued in accordance with chapter 23-7 ; and

(c) Has written permission from the principal of the school or other person who has general control and supervision of the building or grounds;

(4) An individual who holds any permit to carry a concealed pistol, issued in accordance with chapter 23-7 , while that individual is:

(a) Inside a motor vehicle; or

(b) Outside a motor vehicle and securing a pistol in, or retrieving a pistol from, the vehicle;

(5) The use of a starting gun at an athletic event;

(6) Any firearm or air gun at a:

(a) Firing range;

(b) Gun show; or

(c) Supervised school or session for training in the use of firearms;

(7) The ceremonial presence of an unloaded weapon at a color guard ceremony;

(8) A nonpublic school;

(9) A church or other house of worship; or

(10) A nonpublic school located on the premises of a church or other house of worship.

Source: SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, § 145; SL 1990, ch 129; SL 1991, ch 147, § 1; SL 1993, ch 142; SL 2002, ch 90, § 1; SL 2013, ch 93, § 8; SL 2018, ch 98, § 1; SL 2024, ch 56, § 1; SL 2025, ch 83, § 1.
S.D. Codified Laws § 13-39-27 — SD Code / Title 13 / Chapter 39 / Section 13-39-27
LEA authority to establish career and technical education programs
Status: in_force

For the purposes of providing career and technical education, all LEAs of this state may establish, in cooperation with the department, career and technical education programs by career clusters, as provided in this chapter, under terms and conditions agreed upon. Any LEA board may enter into any agreement to provide career and technical education. An agreement made pursuant to this section is not subject to the limitation of the tuition law. An LEA may expend its money for career and technical education.

Source: SL 1965, ch 37, § 6; SL 1971, ch 123; SL 1975, ch 128, § 252; SL 1982, ch 147, § 24; SL 2012, ch 88, § 23.
S.D. Codified Laws § 13-53E-1 — SD Code / Title 13 / Chapter 53E / Section 13-53E-1
13-53E-1. 13-53E-1.Interstate Compact on Educational Opportunity for Military Children adopted
Status: in_force

The interstate compact on educational opportunity for military children is hereby enacted into law and entered into with all jurisdictions legally joining in the compact, in the form substantially as follows:

It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:

A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of educational records from the previous school district or variations in entrance or age requirements.

B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content or assessment.

C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic and social activities.

D. Facilitating the on-time graduation of children of military families.

E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.

F. Providing for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

G. Promoting coordination between this compact and other compacts affecting military children.

H. Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.

As used in this compact, unless the context clearly requires a different construction:

A. "Active duty" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.

B. "Children of military families" means school-aged children, enrolled in kindergarten or any of the grades one through twelve, in the household of an active duty member.

C. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to article VIII of this compact.

D. "Deployment" means the period one month prior to the service members' departure from their home station on military orders through six months after return to their home station.

E. "Educational records" means those official records, files and data directly related to a student and maintained by the school or local education agency, including but not limited to records encompassing all the material kept in the student's cumulative folder such as general identifying data, records of attendance and of academic work completed, records of achievement and results of evaluative tests, health data, disciplinary status, test protocols and individualized education programs.

F. "Extracurricular activities" means voluntary activities sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays and club activities.

G. "Interstate commission on educational opportunity for military children" means the commission that is created under article IX of this compact, which is generally referred to as interstate commission.

H. "Local education agency" means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten and grades one through twelve in public schools.

I. "Member state" means a state that has enacted this compact.

J. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship or other activity under the jurisdiction of the department of defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U.S. Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects or flood control projects.

K. "Non-member state" means a state that has not enacted this compact.

L. "Receiving state" means the state to which a child of a military family is sent, brought or caused to be sent or brought.

M. "Rule" means a written statement by the interstate commission promulgated pursuant to article XII of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

N. "Sending state" means the state from which a child of a military family is sent, brought or caused to be sent or brought.

O. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands and any other U. S. Territory.

P. "Student" means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten or any of the grades one through twelve.

Q. "Transition" means:

(1) The formal and physical process of transferring from school to school; or

(2) The period of time in which a student moves from one school in the sending state to another school in the receiving state.

R. "Uniformed services" means the army, navy, air force, marine corps, coast guard as well as the commissioned corps of the national oceanic and atmospheric administration and public health services.

S. "Veteran" means a person who served in the uniformed services and who was discharged or released there from under conditions other than dishonorable.

A. Except as otherwise provided in subsection B, this compact shall apply to the children of:

(1) Active duty members of the uniformed services as defined in this compact, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211;

(2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and

(3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death.

B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact.

C. The provisions of this compact shall not apply to the children of:

(1) Inactive members of the National Guard and military reserves;

(2) Members of the uniformed services now retired, except as provided in paragraph 1;

(3) Veterans of the uniformed services, except as provided in paragraph 1; and

(4) Other United States department of defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services.

A. Unofficial or "hand-carried" education records--In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the interstate commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.

B. Official education records or transcripts--Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within 10 days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

C. Immunizations--Compacting states shall allow thirty days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission, for students to obtain any immunizations required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within thirty days or within such time as is reasonably determined under the rules promulgated by the interstate commission.

D. Kindergarten and first grade entrance age--Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state.

A. Course placement--When the student transfers before or during the school year, the receiving state school initially shall honor placement of the student in educational courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes but is not limited to honors, international baccalaureate, advanced placement, vocational, technical and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in such courses.

B. Educational program placement--The receiving state school initially shall honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to, gifted and talented programs and English as a second language (ESL). This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

C. Special education services--(1) In compliance with the federal requirements of the individuals with disabilities education act (IDEA), 20 U. S.C.A. section 1400 et seq., the receiving state initially shall provide comparable services to a student with disabilities based on the student's current individualized education program (IEP). (2) In compliance with the requirements of section 504 of the rehabilitation act, 29 U.S.C.A. section 794, and with Title II of the Americans with disabilities act, 42 U.S.C.A. sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

D. Placement flexibility--Local education agency administrative officials shall have flexibility in waiving course and program prerequisites or other preconditions for placement in courses and programs offered under the jurisdiction of the local education agency.

E. Absence as related to deployment activities--A student whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with the student's parent or legal guardian relative to such leave or deployment of the parent or guardian.

A. Eligibility for enrollment:

(1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent.

(2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.

(3) A transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent, may continue to attend the school in which the child was enrolled while residing with the custodial parent.

B. Eligibility for extracurricular participation--State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified.

In order to facilitate the on-time graduation of children of military families:

A. Waiver requirements--Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time.

B. Exit exams--States shall accept:

(1) Exit or end-of-course exams required for graduation from the sending state; or

(2) National normreferenced achievement tests; or

(3) Alternative testing, in lieu of testing requirements for graduation in the receiving state.

In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in the senior year, then the provisions of paragraph C of this article shall apply.

C. Transfers during senior year--Should a military student transferring at the beginning or during the senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency, if the student meets the graduation requirements of the sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the on-time graduation of the student in accordance with paragraphs A and B of this article.

A. Each member state, through the creation of a state council or use of an existing body or board, shall provide for the coordination among its agencies of government, local education agencies and military installations concerning the state's participation in, and compliance with, this compact and interstate commission activities. While each member state may determine the membership of its own state council, its membership must include: The commissioner of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative each from the legislative and executive branches of government and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council.

B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact.

C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the governor or as otherwise determined by each member state.

D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.

The member states hereby create the "interstate commission on educational opportunity for military children." The activities of the interstate commission are the formation of public policy and are a discretionary state function. The interstate commission shall:

A. Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact.

B. Consist of one interstate commission voting representative from each member state who shall be that state's compact commissioner.

(1) Each member state represented at a meeting of the interstate commission is entitled to one vote.

(2) A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

(3) A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the interstate commission, the governor or state council may delegate voting authority to another person from their state for a specified meeting.

(4) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.

C. Consist of ex-officio, non-voting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States department of defense, the education commission of the states, the interstate agreement on the qualification of educational personnel and other interstate compacts affecting the education of children of military members.

D. Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

E. Establish an executive committee, whose members shall include the officers of the interstate commission and such other members of the interstate commission as determined by the bylaws. Members of the executive committee shall serve a one year term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as deemed necessary. The United States department of defense, shall serve as an ex-officio, nonvoting member of the executive committee.

F. Establish bylaws and rules that provide for conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

G. Public notice shall be given by the interstate commission of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to:

(1) Relate solely to the interstate commission's internal personnel practices and procedures;

(2) Disclose matters specifically exempted from disclosure by federal and state statute;

(3) Disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

(5) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) Disclose investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the interstate commission's participation in a civil action or other legal proceeding.

H. For a meeting, or portion of a meeting, closed pursuant to this provision, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed and the record of a roll call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission.

I. The interstate commission shall collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules.

J. The interstate commission shall create a process that permits military officials, education officials and parents to inform the interstate commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the interstate commission or any member state.

The interstate commission shall have the power to:

A. Provide for dispute resolution among member states.

B. Promulgate rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact. The rules shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.

C. Issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules and actions.

D. Enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

E. Establish and maintain offices which shall be located within one or more of the member states.

F. Purchase and maintain insurance and bonds.

G. Borrow, accept, hire or contract for services of personnel.

H. Establish and appoint committees including, but not limited to, an executive committee as required by article IX, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.

I. Elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel.

J. Accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of it.

K. Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

L. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

M. Establish a budget and make expenditures.

N. Adopt a seal and bylaws governing the management and operation of the interstate commission.

O. Report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.

P. Coordinate education, training and public awareness regarding the compact, its implementation and operation for officials and parents involved in such activity.

Q. Establish uniform standards for the reporting, collecting and exchanging of data.

R. Maintain corporate books and records in accordance with the bylaws.

S. Perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

T. Provide for the uniform collection and sharing of information between and among member states, schools and military families under this compact.

A. The interstate commission, by a majority of the members present and voting, within twelve months after the first interstate commission meeting, shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(1) Establishing the fiscal year of the interstate commission;

(2) Establishing an executive committee, and such other committees as may be necessary;

(3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the interstate commission;

(4) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;

(5) Establishing the titles and responsibilities of the officers and staff of the interstate commission;

(6) Providing a mechanism for concluding the operations of the interstate commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and

(7) Providing "start up" rules for initial administration of the compact.

B. The interstate commission, by a majority of the members, shall elect annually from among its members a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission. Subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the interstate commission.

C. Executive Committee, Officers and Personnel

(1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including but not limited to:

(a) Managing the affairs of the interstate commission in a manner consistent with the bylaws and purposes of the interstate commission;

(b) Overseeing an organizational structure within, and appropriate procedures for the interstate commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and

(c) Planning, implementing, and coordinating communications and activities with other state, federal and local government organizations in order to advance the goals of the interstate commission.

(2) The executive committee may, subject to the approval of the interstate commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member of the interstate commission. The executive director shall hire and supervise such other persons as may be authorized by the interstate commission.

D. The interstate commission's executive director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(1) The liability of the interstate commission's executive director and employees or interstate commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(2) The interstate commission shall defend the executive director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(3) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

A. Rulemaking Authority--The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this act, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.

B. Rulemaking Procedure--Rules shall be made pursuant to a rulemaking process that substantially conforms to the "model state administrative procedure act," of 1981 Act, uniform laws annotated, Vol. 15, p.1 (2000) as amended, as may be appropriate to the operations of the interstate commission.

C. Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule; provided, that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the interstate commission's authority.

D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

A. Oversight

(1) The executive, legislative and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.

(2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission.

(3) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, this compact or promulgated rules.

B. Default, Technical Assistance, Suspension and Termination--If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the interstate commission shall:

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default.

(2) Provide remedial training and specific technical assistance regarding the default.

(3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

(4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.

(5) The state which has been suspended or terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of suspension or termination including obligations, the performance of which extends beyond the effective date of suspension or termination.

(6) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.

(7) The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

C. Dispute Resolution

(1) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.

(2) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

D. Enforcement

(1) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

(2) The interstate commission, by majority vote of the members, may initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

(3) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.

A. The interstate commission shall pay, or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

B. The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.

C. The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.

D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than ten of the states. The effective date shall be no earlier than December 1, 2007. Thereafter it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a non-voting basis prior to adoption of the compact by all states.

C. The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

A. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon each and every member state. A member state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.

(2) Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member jurisdiction.

(3) The withdrawing state immediately shall notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

(4) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

B. Dissolution of Compact

(1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

B. The provisions of this compact shall be liberally construed to effectuate its purposes.

C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

A. Other Laws

(1) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

(2) All member states' laws conflicting with this compact are superseded to the extent of the conflict.

B. Binding Effect of the Compact

(1) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the member states.

(2) All agreements between the interstate commission and the member states are binding in accordance with their terms.

(3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

Source: SL 2010, ch 102, § 1.
S.D. Codified Laws § 13-37-28 — SD Code / Title 13 / Chapter 37 / Section 13-37-28
Definition of autism spectrum disorder
Status: in_force

For the purposes of this chapter, the Department of Education shall use the definition of autism spectrum disorder contained in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association to define autism spectrum disorder in rules promulgated pursuant to chapter 1-26 .

Source: SL 1990, ch 134; SL 1996, ch 125; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2014, ch 92, § 2.
S.D. Codified Laws § 13-43-44 — SD Code / Title 13 / Chapter 43 / Section 13-43-44
Meetings
Status: in_force

The Professional Administrators Practices and Standards Commission shall meet on call of the chairperson. However, he shall call a meeting upon request of four members.

Source: SL 1985, ch 139, § 9.
S.D. Codified Laws § 13-48-37 — SD Code / Title 13 / Chapter 48 / Section 13-48-37
Requirements for issuance of certificate of authorization
Status: in_force

The secretary shall issue a certificate of authorization to provide postsecondary education to any postsecondary institution named in § 13-48-36 . The secretary also may issue a certificate of authorization to provide postsecondary education to any other postsecondary institution to provide education programs at physical locations in this state to any postsecondary institution that:

(1) Is an instrumentality of this state or another state, is duly organized and existing as a corporation or other entity under the laws of this state, or is qualified to conduct business as a foreign entity in this state;

(2) Is accredited or operating under an affiliation agreement whose terms make an accredited postsecondary institution responsible for awarding academic credit and educational credentials to its students and maintaining transcripts for such students; and

(3) Has filed with the secretary an application for certificate of authorization, on a form prescribed by the secretary, and paid an initial nonrefundable application fee of five hundred dollars.

Source: SL 2012, ch 100, § 4; SL 2013, ch 80, § 2; SL 2018, ch 103, § 1.
S.D. Codified Laws § 13-47-7 — SD Code / Title 13 / Chapter 47 / Section 13-47-7
Telecommunications network sponsored by board
Status: in_force

The board shall have the power and duty to promote and sponsor a noncommercial educational telecommunications network to serve a series of interconnecting units throughout the State of South Dakota.

Source: SL 1965, ch 67, § 5 (1).
S.D. Codified Laws § 13-65-3.1 — SD Code / Title 13 / Chapter 65 / Section 13-65-3.1
Tax credits reducing quarterly payments
Status: in_force

Any company may claim a premium tax credit as provided in § 13-65-2 to reduce quarterly payments required by § 10-44-2 . Claims for tax credits on quarterly payments shall be reported to the Division of Insurance on a form prescribed by the director. Pursuant to § 13-65-8 , a company must report the amount and specify, at the time of contribution, the quarter to which the premium tax credit shall be applied. No tax credit claimed under this section may reduce a quarterly payment otherwise required by § 10-44-2 to an amount less than zero. A company shall report all reductions in quarterly payments pursuant to this section on its annual premium tax return.

Source: SL 2019, ch 97, § 1.
S.D. Codified Laws § 13-52-1 — SD Code / Title 13 / Chapter 52 / Section 13-52-1
Acceptance and administration of gifts by regents--Application to specific purposes
Status: in_force

Notwithstanding the provisions of § 5-24-12 , the Board of Regents as constituted by chapter 13-49 , may accept, receive, and administer gifts, other than of real property and of funds for building purposes, made for the benefit of any institution of higher education under its control or subject to its administration, and such gifts shall be used by it only for the specific purposes for which they are given.

Source: SL 1955, ch 45; SDC Supp 1960, § 15.0734.
S.D. Codified Laws § 13-1-48 — SD Code / Title 13 / Chapter 1 / Section 13-1-48
Certain teachers required to take course in South Dakota Indian studies
Status: in_force

All certified educators new to the profession or from out-of-state shall complete a three-credit-hour course in South Dakota Indian studies. The course shall include components specific to:

(1) Language and cultural awareness;

(2) History;

(3) Educational theory and background of the traditional tribal education; and

(4) Implementation and strategies of Indian learning styles, curriculum development, and authentic assessment.

Source: SL 2007, ch 82, § 2; SL 2008, ch 69, § 1; SL 2025, ch 72, § 1.
S.D. Codified Laws § 13-39A-36 — SD Code / Title 13 / Chapter 39A / Section 13-39A-36
Board governing distinct separate LEA
Status: in_force

A board consisting of nine members shall govern the distinct separate LEA established pursuant to § 13-39A-35 .

Source: SL 2017, ch 81, § 36.
S.D. Codified Laws § 13-47-14 — SD Code / Title 13 / Chapter 47 / Section 13-47-14
Operation of telecommunications network consistent with federal regulations and department policies
Status: in_force

The board shall have the power and duty to arrange for the operation of a state-wide educational telecommunications network, as directed by the board, consistent with the provisions of the Communications Act of 1934, as amended, and applicable rules, regulations, and policies of the Federal Communications Commission and, insofar as elementary and secondary education programs are concerned, consistent with policies of the Department of Education.

Source: SL 1965, ch 67, § 5 (7); SL 2010, ch 77, § 24.
S.D. Codified Laws § 13-55-9.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-9.1
Assistance to dependents of prisoners or missing in action--Definition of terms
Status: in_force

Terms used in §§ 13-55-9.2 to 13-55-9.7 , inclusive, unless the context otherwise requires, mean:

(1) "Dependent," any child born before or during the period of time a parent served as a prisoner of war or was declared a person missing in action, any child legally adopted or in the legal custody of the parent prior to and during the time the parent served as a prisoner of war or was declared to be a person missing in action, or the spouse, if not legally separated, of the prisoner of war or person missing in action; and

(2) "Prisoner of war" and "person missing in action," any person who was a resident of the State of South Dakota at the time he entered service of the United States armed forces, or whose official residence is within the State of South Dakota, and who, while serving in the United States armed forces has been declared to be a prisoner of war or to be a person missing in action as established by the secretary of defense after January 1, 1940.

Source: SL 1973, ch 108, § 1; SL 1975, ch 128, § 343; SL 1985, ch 147.
S.D. Codified Laws § 13-32-24 — SD Code / Title 13 / Chapter 32 / Section 13-32-24
Multi-occupancy changing rooms, sleeping quarters, and restrooms--School-sanctioned event--Other school accommodations--Designation--Student’s request for reassignment--Private causes of action--Limitation--Attorney’s fees
Status: in_force

If a public school sponsors or sanctions any event that requires students to be provided with changing rooms or sleeping quarters, the school must designate all multi-occupancy changing rooms and sleeping quarters as being for use exclusively by females or exclusively by males. A student may not be required to share sleeping quarters with a member of the opposite sex, unless the individuals are members of the same family.

In any other setting in a public school where an individual may be in a state of undress in the presence of others, the school must provide separate, private areas designated for use by individuals based on the individual's sex. Except as otherwise provided in § 13-32-23 , no individual may enter private areas unless the individual is a member of the designated sex.

If a student is unable or unwilling to use a room for overnight sleeping quarters, in accordance with the exclusive designation set forth in this section, that student, or the student's parent in the case of a student under the age of eighteen, may file, with the school administrator, a request to be reassigned to single-occupancy room.

An individual who encounters a member of the opposite sex in a restroom or changing room while making use of a restroom or changing room designated by the public school for use by the individual's sex, has a private cause of action for declaratory and injunctive relief against the school district that:

(1) Provided the member of the opposite sex permission to use a restroom or changing room of the individual's sex; or

(2) Failed to take reasonable steps to prohibit the member of the opposite sex from using the restroom or changing room of the individual's sex.

An individual who is assigned by a public school to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the school district.

Any civil action brought pursuant to this section must be initiated within two years of the violation. An individual who is aggrieved under this section and prevails in court may recover reasonable attorney fees and costs from the offending school district.

Source: SL 2025, ch 84, § 5.
S.D. Codified Laws § 13-51A-31 — SD Code / Title 13 / Chapter 51A / Section 13-51A-31
Agreements as to custody of funds
Status: in_force

Section 13-51A-30 shall not be construed as limiting the power of the board to agree in connection with the issuance of any of its bonds as to the custody and disposition of the moneys received from the sale of such bonds or from the income and revenues pledged or assigned to or in trust for the benefit of the holder or holders thereof.

Source: SL 1971, ch 134, § 7.
S.D. Codified Laws § 13-55E-4 — SD Code / Title 13 / Chapter 55E / Section 13-55E-4
Specification of payment options
Status: in_force

The advance payment contract shall specify one of the payment options specified under this section to be required from the purchaser on behalf of the beneficiary. The one - time advance payment shall be made in cash or cash equivalents at the time the contract is signed. The executive director shall annually determine the amount of the one - time advance payment for each of the following payment options:

(1) Not to exceed four academic semesters of resident tuition, room and board at any state - supported university;

(2) Not to exceed four academic semesters of nonresident tuition, room and board at any state - supported university;

(3) Not to exceed four academic semesters of resident tuition at any state - supported university; or

(4) Not to exceed four academic semesters of nonresident tuition at any state - supported university.

Source: SL 1994, ch 145, § 4.
S.D. Codified Laws § 13-53-31 — SD Code / Title 13 / Chapter 53 / Section 13-53-31
Residence classification to remain with continuous enrollment
Status: in_force

A person once properly classified as a resident student shall be deemed to remain a resident student so long as remaining continuously enrolled in the regental system until the person's degree shall have been earned, subject to the provisions of § 13-53-30 .

Source: SL 1996, ch 130, § 9.
S.D. Codified Laws § 13-55-25 — SD Code / Title 13 / Chapter 55 / Section 13-55-25
Reduced tuition--Teachers, vocational instructors, and school counselors--Maximum credit hours
Status: in_force

A teacher, vocational instructor, or school counselor is eligible for the reduced tuition amount provided for in § 13-55-24 for a maximum of six credit hours per year.

Source: SL 1993, ch 150, § 2; SL 2023, ch 60, § 2; SL 2024, ch 64, § 2.
S.D. Codified Laws § 13-51-12 — SD Code / Title 13 / Chapter 51 / Section 13-51-12
Moving or disposal of certain structures authorized by regents
Status: in_force

The Board of Regents may permit the moving to other locations, or the dismantling, or sale of structures other than principal classroom, administrative, physical plant, recreational, research, or bonded revenue project buildings if the board considers such action to be in the best interests of the State of South Dakota, in order to make better use of the area, or because of extensive maintenance and repair costs, or because of fire or safety hazards.

Source: SL 1973, ch 115, § 1; SL 1994, ch 140, § 1.
S.D. Codified Laws § 13-53D-2 — SD Code / Title 13 / Chapter 53D / Section 13-53D-2
Western Interstate Commission for Higher Education resident members
Status: in_force

The Governor shall appoint three commissioners to represent the State of South Dakota on the Western Interstate Commission for Higher Education, including at least one commissioner who is an educator engaged in the field of higher education in the state.

The commissioners shall each serve a term of four years, except that the first three commissioners shall serve as follows: one for two years, one for three years, and one for four years.

The Governor may remove any appointed commissioner for cause, after a hearing prior to the expiration of the commissioner's term.

Source: SL 2008, ch 89, § 4.
S.D. Codified Laws § 13-16-24 — SD Code / Title 13 / Chapter 16 / Section 13-16-24
Unlawful contracts and warrants void
Status: in_force

Every contract made or check or registered warrant issued in excess of the issuing capacity of the district as restricted in this title is void and is not an obligation of the district.

Source: SL 1955, ch 41, ch 10, § 14; SDC Supp 1960, § 15.2214; SL 1975, ch 128, § 106; SL 1982, ch 86, § 134A; SL 1982, ch 139, § 3; SL 2012, ch 94, § 1.
S.D. Codified Laws § 13-66-3 — SD Code / Title 13 / Chapter 66 / Section 13-66-3
13-66-3. Special donation fund--Contributions--Use and disbursements
Status: in_force

There is hereby created within the state treasury the special donations fund, into which any grant, devise, bequest, donation, or gift, other than real property, made or offered for the benefit of the Jobs for South Dakota's Graduates Program shall be deposited. All moneys in the fund created in this section shall be used for the purposes of initiation, expansion, support, enhancement, or in carrying out the objectives of the Jobs for South Dakota's Graduates program. Interest earned on the money in the fund shall be deposited into the fund. Expenditures from the fund shall be appropriated through the normal budgeting process.
S.D. Codified Laws § 13-3-60 — SD Code / Title 13 / Chapter 3 / Section 13-3-60
Department to analyze demographics of public education workforce
Status: in_force

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

Source: SL 2000, ch 75, § 3; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-47-4.1 — SD Code / Title 13 / Chapter 47 / Section 13-47-4.1
Administrative control over office
Status: in_force

Notwithstanding any other provision of law, the Bureau of Information and Technology shall exercise administrative control over the educational telecommunications office. The board shall exercise control over policy, programming and other executive functions in accordance with licensure requirements of 310(d) of the Federal Communications Act of 1934.

Source: SL 1980, ch 145; SL 1993, ch 148; SL 1994, ch 412 (Ex. Ord. 94-4), § 22; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.
S.D. Codified Laws § 13-53-50 — SD Code / Title 13 / Chapter 53 / Section 13-53-50
Commitment to free expression and discussion of intellectually diverse topics at institutions of higher education
Status: in_force

The Board of Regents shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

Source: SL 2019, ch 94, § 2.
S.D. Codified Laws § 13-10-2 — SD Code / Title 13 / Chapter 10 / Section 13-10-2
General power of school boards to employ personnel
Status: in_force

The school board shall have the power to employ personnel deemed necessary by the board and to define the duties and fix the compensation of each.

Source: SDC 1939, § 15.2523 (3); SL 1939, ch 44; SL 1949, ch 54, § 1; SL 1955, ch 41, ch 16, § 1; SDC Supp 1960, § 15.3801; SL 1975, ch 128, § 71.
S.D. Codified Laws § 13-13-2 — SD Code / Title 13 / Chapter 13 / Section 13-13-2
Payments to school districts of permanent school fund income
Status: in_force

An itemized statement of the apportionment when made as provided in § 13-13-1 shall be delivered by the commissioner of school and public lands to the state auditor, who shall thereupon draw his warrant on the state treasury for the amounts designated on the statement so furnished and transmit the same to the separate school districts.

Source: SDC 1939, § 15.0109; SL 1971, ch 105, § 1; SL 1973, ch 83, § 3.
S.D. Codified Laws § 13-51-14 — SD Code / Title 13 / Chapter 51 / Section 13-51-14
Receipts from sale of temporary structures
Status: in_force

Any net receipts from the sale of structures shall be deposited in the education facilities fund provided for in § 13-51-2 .

Source: SL 1973, ch 115, § 3; SL 1994, ch 140, § 3.
S.D. Codified Laws § 13-59-2.2 — SD Code / Title 13 / Chapter 59 / Section 13-59-2.2
Dakota State University at Madison--Purposes--Degree programs
Status: in_force

The primary purpose of Dakota State University at Madison in Lake County is to provide instruction in computer management, computer information systems, electronic data processing, and other related undergraduate and graduate programs. The secondary purpose is to offer two - year, one - year and short courses for application and operator training in the areas authorized by this section.

This authorization includes the preparation of elementary and secondary teachers with emphasis in computer and information processing.

Except for degree programs in existence during the 1983-84 academic year, the unique baccalaureate programs authorized for Dakota State University shall not be duplicated by the Board of Regents.

Source: SL 1984, ch 142, § 2; SL 1989, ch 170, § 3.
S.D. Codified Laws § 13-6-64 — SD Code / Title 13 / Chapter 6 / Section 13-6-64
Assumption of office, organization and contracts made before new district operational--Continued operation of old boards
Status: in_force

The school board members of a newly created district elected on or before the first Monday in May shall qualify and assume office as soon as can be conveniently done but not before the first Monday in January of the year in which the district will become operational. They shall organize the board as provided in chapter 13-8 and may immediately contract for services and supplies to be furnished the newly created school district for the fiscal year beginning July first of the year following the election and organization of such board. However, if a new district does not become operational, the contracts are void. The board shall meet as often as it deems necessary before the new district becomes operational, and its expenses shall constitute a legal claim under §§ 13-8-37 and 13-8-38 , to be paid by the new district when operational. The school boards of existing districts reorganized into newly created districts shall continue to operate until the end of the current fiscal year.

Source: SDC Supp 1960, § 15.2021 as added by SL 1961, ch 74, § 1; SL 1967, ch 41, § 1; SL 1968, ch 41, § 2; SL 1985, ch 120, § 2.
S.D. Codified Laws § 13-19-1 — SD Code / Title 13 / Chapter 19 / Section 13-19-1
School board power to borrow on notes--Authorization, issuance and sale--Maximum term
Status: in_force

Any school board may borrow money, from any source willing to lend the money, by issuing a promissory note subject to the limitations and regulations set forth in §§ 13-19-2 to 13-19-6 , inclusive. All notes shall be authorized, issued, and sold in accordance with the provisions of chapter 6-8B , except that no election shall be held and the notes may not be issued for a term in excess of twenty - four consecutive months.

Source: SL 1955, ch 41, ch 10, § 16; SDC Supp 1960, § 15.2216; SL 1965, ch 48; SL 1975, ch 128, § 117; SL 1984, ch 43, § 102C; SL 1985, ch 127, § 1.
S.D. Codified Laws § 13-42-27 — SD Code / Title 13 / Chapter 42 / Section 13-42-27
Board to review certification process and establish revised standards
Status: in_force

Pursuant to § 13-1-12.1 , the Board of Education Standards shall examine programs that prepare and certify school personnel, identify deficiencies, and establish revised standards designed to deliver more qualified staff to classrooms. The board's review shall identify ways to streamline the alternative certification process whereby persons holding a bachelor's degree or higher can be certified to teach in elementary and secondary schools.

Source: SL 2000, ch 75, § 5; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-8-14 — SD Code / Title 13 / Chapter 8 / Section 13-8-14
Assumption of office by newly elected or appointed members--Oath and bond
Status: in_force

Any individual newly elected to the board of a school district shall qualify and assume membership at the first meeting of the school board following the canvass of the votes. An individual appointed to the board of a school district shall qualify and assume membership at the next meeting following the individual's appointment.

Any individual elected or appointed to the board of a school district must take and subscribe to an oath or affirmation to support the laws and Constitution of the United States and this state and to faithfully perform the duties of school board membership. An individual elected or appointed to the board of a school district must file a bond if required by law and must have the bond approved.

Source: SL 1955, ch 41, ch 9, § 18; SDC Supp 1960, § 15.2318; SL 1975, ch 128, § 50; SL 1977, ch 116, § 1; SL 2025, ch 40, § 20, eff. Jan. 1, 2026.
S.D. Codified Laws § 13-61-3 — SD Code / Title 13 / Chapter 61 / Section 13-61-3
Rules for governance--Superintendent--Administrator
Status: in_force

The Board of Regents shall promulgate rules, in accordance with chapter 1-26 , to provide for governance of the South Dakota School for the Blind and the Visually Impaired.

The board shall employ a superintendent and instructors and staff who have knowledge concerning the educational needs of students with sensory disabilities.

The board may hire one person to serve as both the superintendent of the South Dakota School for the Blind and the Visually Impaired and as the administrator of South Dakota Services for the Deaf. The person shall receive a single salary.

Source: SDC 1939, § 55.4002; SL 1975, ch 128, § 367; SL 1998, ch 110, § 9; SL 2018, ch 106, § 2; SL 2023, ch 62, § 9.
S.D. Codified Laws § 13-33-3 — SD Code / Title 13 / Chapter 33 / Section 13-33-3
Adult education, summer school, kindergarten, and nursery schools
Status: in_force

The school board of any school district may maintain as a part of the public schools adult education courses, summer schools, kindergartens, and nurseries under the rules adopted by the South Dakota Board of Education Standards.

Source: SDC 1939, §§ 15.2523 (6), 15.3603; SL 1939, ch 44, § 1; SL 1949, ch 54, § 1; SL 1955, ch 41, ch 12, § 12; SDC Supp 1960, § 15.3012; SL 1975, ch 128, § 213; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-39A-46 — SD Code / Title 13 / Chapter 39A / Section 13-39A-46
Disclosure of funding from foreign sources--Report requirements--Deadline--Applicability
Status: in_force

The South Dakota Board of Technical Education must disclose, in an annual report, any funding given by a foreign source, as defined in § 13-39A-45 , 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 document associated with the funding.

The report must be published on the South Dakota Board of Technical Education'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, § 2.
S.D. Codified Laws § 13-55-9.6 — SD Code / Title 13 / Chapter 55 / Section 13-55-9.6
Benefits not lost by return or death of parent
Status: in_force

Once a person qualifies as a dependent under the terms and provisions of §§ 13-55-9.1 to 13-55-9.7 , inclusive, there shall be no situation such as the return of the parent or reported death of the parent that will remove the dependent from provisions or benefits of said sections.

Source: SL 1973, ch 108, § 3; SL 1975, ch 128, § 344.
S.D. Codified Laws § 13-16-30 — SD Code / Title 13 / Chapter 16 / Section 13-16-30
Title VIII of the Elementary and Secondary Education Act fund
Status: in_force

Any funds received from the federal government under the provisions of Title VIII of the Elementary and Secondary Education Act for basic support may be deposited into the Title VIII of the Elementary and Secondary Education Act fund.

Source: SL 1991, ch 138, § 2; SL 1997, ch 89, § 2; repealed by SL 2012, ch 87, § 13; reinstated by SL 2013, ch 73, § 2.
S.D. Codified Laws § 13-28-34 — SD Code / Title 13 / Chapter 28 / Section 13-28-34
Rebates and refunds to induce attendance at school as misdemeanor
Status: in_force

A school district board, administrator, or school employee may not give or promise to give, either directly or indirectly, any rebate or refund of any transportation or any other thing of value as an inducement for attending school in a district. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

Source: SL 1939, ch 54; SL 1955, ch 41, ch 13, § 15; SL 1955, ch 41, ch 17, § 16; SDC Supp 1960, §§ 15.3315, 15.9916; SL 1964, ch 47, § 1; SL 1982, ch 86, § 141; SL 1982, ch 144, § 5; SL 1997, ch 98, § 21.
S.D. Codified Laws § 13-37-60 — SD Code / Title 13 / Chapter 37 / Section 13-37-60
Extraordinary Cost Oversight Board established
Status: in_force

There is hereby established an Extraordinary Cost Oversight Board within the Department of Education. The board shall review all school district requests for extraordinary cost funds as provided in § 13-37-40 . The board shall meet at least once a year and recommend to the secretary of education those school districts that should be approved for extraordinary cost fund expenditures and those school districts that should not be approved for extraordinary cost fund expenditures. The secretary has the final authority to approve or deny extraordinary cost fund expenditures.

Source: SL 2019, ch 87, § 1.
S.D. Codified Laws § 13-43-1 — SD Code / Title 13 / Chapter 43 / Section 13-43-1
Employment of school board member in same district prohibited
Status: in_force

No person employed to teach or to draw public money as a teacher may serve as a board member in the same school district.

Source: SDC 1939, § 15.3805; SL 1955, ch 41, ch 16, § 14; SL 1959, ch 74; SDC Supp 1960, § 15.3814; SL 1975, ch 128, § 301.
S.D. Codified Laws § 13-16-1 — SD Code / Title 13 / Chapter 16 / Section 13-16-1
Sources of school district funds
Status: in_force

School district funds are all moneys received by the school district or schools within said district or as a result of an activity carried on by the said school. Said funds come from the following sources: taxes, income from school property; school district borrowing through bonds or promissory notes; funds received from federal, state, or other political subdivisions; funds received from individuals or organizations through paid admission, payments for materials or services, gifts, or trusts; funds received from fines and penalties; and any other funds received by the school district or schools from any other source.

Source: SL 1955, ch 41, ch 10, § 1; SDC Supp 1960, § 15.2201.
S.D. Codified Laws § 13-16-6.4 — SD Code / Title 13 / Chapter 16 / Section 13-16-6.4
Installment purchase, lease-purchase, or capital outlay certificates--Referendum petition--Election date--Notice--Ballots--Supermajority vote--Second vote
Status: in_force

Approval to enter into an agreement or issue capital outlay certificates pursuant to § 13-16-6.3 is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval to enter into the agreement or issue capital outlay certificates placed upon the ballot at a special election called for that purpose and held on:

(1) The first Tuesday after the first Monday in March;

(2) The first Tuesday after the first Monday in June; or

(3) The first Tuesday after the first Monday in November.

If the bond election is held on a date listed in subdivision (2) or (3) in an even-numbered year, the election must be held in conjunction with the regular primary or general election, respectively. When the election is held in conjunction with the primary or general election, the expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the board of the school district and the boards of county commissioners involved.

The business manager shall give notice that the question is to be on the ballot at the regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this title. Approval of the question to enter into an agreement or issue capital outlay certificates requires an affirmative vote of at least sixty percent of those voting on the question.

If the question submitted to the voters at an election is not approved by the voters, the school board may, by resolution, place the question on the ballot at the next available election provided by this section.

Source: SL 1973, ch 91, § 2; SDCL, § 13-16-6.3; SL 1978, ch 109, § 4; SL 1986, ch 124, § 6; SL 1987, ch 67, § 11; SL 1989, ch 146, § 6; SL 2000, ch 75, § 7; SL 2025, ch 79, § 1.
S.D. Codified Laws § 13-15-26 — SD Code / Title 13 / Chapter 15 / Section 13-15-26
Certain agreements forbidden
Status: in_force

No school district may enter into contractual agreements pursuant to § 13-15-1.3 or 13-15-11 after July 1, 1998.

Source: SL 1998, ch 89, § 2.
S.D. Codified Laws § 13-3-90 — SD Code / Title 13 / Chapter 3 / Section 13-3-90
Notice of intent to receive public comment and testimony--Notice of hearings
Status: in_force

In addition to complying with the requirements of chapter 1-25 , the Board of Education Standards shall, at least thirty days prior to each public hearing, publish notice of the intent to receive public comment and testimony concerning the adoption and implementation of content standards in at least three newspapers of general circulation in different parts of the state, post the notice on the board's website, and provide the notice, via United States mail or e-mail, to each person who has, in writing, via United States mail or e-mail, requested notice of the hearings referenced in § 13-3-89 .

Source: SL 2014, ch 75, § 3; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-13-73.7 — SD Code / Title 13 / Chapter 13 / Section 13-13-73.7
Legislative intent regarding increases in teacher compensation
Status: in_force

It is the intent of the Legislature that any money appropriated for teacher compensation using the education funding plan included in SL 2016, ch 83 be used to directly improve teacher recruiting and retention and that the school districts advance this goal by increasing starting teacher salaries and providing for the rapid acceleration of teacher salaries for those below the midpoint in that teacher's applicable pay scale.

Source: SL 2016, ch 83, § 28.
S.D. Codified Laws § 13-18-1 — SD Code / Title 13 / Chapter 18 / Section 13-18-1
School payments--Check, warrant, or electronic funds transfer--Prior authorization
Status: in_force

School funds shall be paid by the school district business manager only upon check, warrant, or electronic funds transfer approved by the school board.

A school board may authorize the payment of a claim against the school district for goods or services prior to the next board meeting if the board specifies the vendor and the maximum amount allowed for the payment.

Source: SDC 1939, § 15.2219; SL 1955, ch 41, ch 10, § 11; SDC Supp 1960, § 15.2211; SL 1975, ch 128, § 108; SL 2001, ch 81, § 1; SL 2024, ch 54, § 1.
S.D. Codified Laws § 13-39A-20 — SD Code / Title 13 / Chapter 39A / Section 13-39A-20
Performance of agreements
Status: in_force

The board may enter into and perform the agreements described in § 13-39A-19 . All bonds, notes or other evidences of indebtedness issued by the South Dakota Health and Educational Facilities Authority to finance facilities for use as technical college facilities and outstanding on July 1, 2017 are unaffected by the transfer of functions from the Board of Education Standards to the board. No contract with respect to the bonds is impaired by chapter 81 of the 2017 Session Laws.

Source: SL 2017, ch 81, § 20; SL 2020, ch 61, § 12.
S.D. Codified Laws § 13-54-8 — SD Code / Title 13 / Chapter 54 / Section 13-54-8
Agricultural extension work--Assent to federal act--Acceptance of grants
Status: in_force

In conformity to an act of Congress approved May 22, 1928, and entitled "An Act to provide for the further development of agricultural extension work between the agricultural colleges in the several states receiving the benefits of the Act entitled 'An Act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts,' approved July 2, 1862, and all Acts supplementary thereto, and the United States Department of Agriculture," the assent of the Legislature of the State of South Dakota is hereby given to all the provisions of said act, and the grants of money therein made are accepted by the State of South Dakota upon the terms and conditions named therein.

Source: SDC 1939, § 4.0501; SDCL, § 38-3-1.
S.D. Codified Laws § 13-24-3 — SD Code / Title 13 / Chapter 24 / Section 13-24-3
Selection of school site on state-owned land--Appraisement, sale, and conveyance to school district
Status: in_force

Whenever land under the jurisdiction of the commissioner of school and public lands has been lawfully selected and authorized for purchase, as herein provided, located on a section line or a regularly established highway at one corner of a legal subdivision not within forty rods of any residence, without the consent of the owner thereof, and a plot of the land so selected shall have been in the Office of the Commissioner of School and Public Lands, the Board of School and Public Lands is authorized to direct an appraisement of such site and the same shall be appraised in the manner provided by law for the appraisement of school and public lands. Such appraisement shall not be less than the minimum price fixed by the Constitution for school and public lands.

Source: SDC 1939, § 15.2333; SL 1945, ch 67; SL 1955, ch 41, ch 11, § 3; SDC Supp 1960, § 15.2103; SL 1975, ch 128, § 151.
S.D. Codified Laws § 13-1-43 — SD Code / Title 13 / Chapter 1 / Section 13-1-43
Board and department to develop standards and practices for students
Status: in_force

The South Dakota Board of Education Standards and the Department of Education shall work jointly with other state government agencies to ensure that children enter the K-12 education system ready to learn. The board and the department shall jointly work to develop standards and practices that ensure that, by the third grade, all children, to the best of their abilities, have learned fundamental reading, mathematics, language, science, and technology skills that form the foundation for further learning. The board and the department shall work together to develop standards and practices that ensure that, by completion of the twelfth grade, all students, to the best of their abilities, have learned the educational and personal skills that will allow them to enter adulthood as responsible members of society.

Source: SL 2000, ch 75, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-11-3 — SD Code / Title 13 / Chapter 11 / Section 13-11-3
Report of levy amount to county auditor--Spread against property in district--General fund and special education fund report
Status: in_force

The school district shall report the amount budgeted to the county auditor before October first on forms prescribed by the county auditor. The county auditor shall spread a levy in dollars and cents over the taxable property of the school district sufficient to raise the money requested by the school district subject to the legal dollars and cents limitations on any of the funds as provided by law. For the general fund and special education fund, the school district may report the levy in dollars or dollars per one thousand dollars of taxable valuation.

Source: SDC 1939, § 15.2526; SL 1955, ch 41, ch 10, § 8; SDC Supp 1960, § 15.2208; SL 1971, ch 74, § 3; SL 1975, ch 128, § 76; SL 1986, ch 126, § 4; SL 1987, ch 128, § 3; SL 1997, ch 86, § 1; SL 1997, ch 87, § 1; SL 1998, ch 86, § 1; SL 2016, ch 83, § 3.
S.D. Codified Laws § 13-8-44 — SD Code / Title 13 / Chapter 8 / Section 13-8-44
Destruction, falsification or failure to deliver records as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any administrator knowingly to mutilate or destroy any of the books, accounts, or records of his office or sign, transmit, issue, or publish a false statement relating thereto, or fail to deliver to his successor all the books, accounts, and records on demand of his successor, the president of the board or the secretary of the Department of Education.

Source: SDC 1939, § 15.9908; SL 1955, ch 41, ch 17, § 8; SL 1973, ch 86, § 17; SL 1975, ch 128, § 65; SL 1977, ch 118; SL 1982, ch 86, § 132; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-28-4 — SD Code / Title 13 / Chapter 28 / Section 13-28-4
Legal age provisions applicable to public and nonpublic schools
Status: in_force

The provisions of § 13-28-2 , shall apply to nonpublic schools as well as public schools.

Source: SL 1955, ch 41, ch 12, § 2; SDC Supp 1960, § 15.3002; SL 1975, ch 128, § 185.
S.D. Codified Laws § 13-24-6 — SD Code / Title 13 / Chapter 24 / Section 13-24-6
Pooling and unitization of oil and gas development authorized
Status: in_force

Any such oil and gas lease may provide, or said board by subsequent contract may agree, that the lessee and his assigns shall have the right and power to consolidate the land covered by said lease with other adjoining land for the purpose of joint development and operation of the entire consolidated premises as a unit, in which event the lessor of such lease shall share in the royalty on oil and gas produced from said consolidated tract in the proportion that the area of the land covered by such lease bears to the total area of said consolidated tract.

Source: SL 1941, ch 72, § 1; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.
S.D. Codified Laws § 13-33-27 — SD Code / Title 13 / Chapter 33 / Section 13-33-27
Council terms--Vacancies
Status: in_force

Members of the council shall be appointed for two-year terms, except that four of the members of the initial council shall be appointed to two-year terms, and three of the members of the initial council shall be appointed for one year. All subsequent appointments shall be for terms of two years. Any vacancy on the council that occurs before the incumbent's term has expired shall be filled by appointment to serve the remainder of the unexpired term. The number of terms that a council member may serve is not limited.

Source: SL 2006, ch 83, § 4.
S.D. Codified Laws § 13-8-22 — SD Code / Title 13 / Chapter 8 / Section 13-8-22
Incumbent continued in office when successor not elected or qualified
Status: in_force

If for any reason a school district fails to elect any person to succeed a school board member whose term shall have expired or an elected board member fails to qualify, the term shall be deemed vacant, and the incumbent shall continue to act in an official capacity until the vacancy is filled.

Source: SL 1955, ch 41, ch 9, § 26; SDC Supp 1960, § 15.2326; SL 1975, ch 128, § 55.
S.D. Codified Laws § 13-55A-12.1 — SD Code / Title 13 / Chapter 55A / Section 13-55A-12.1
Acceptance and expenditure of state and private funds--Warrants and vouchers
Status: in_force

The executive director is hereby authorized to accept and expend any funds received from state or private sources as provided for in this chapter, provided such acceptance and expenditure is approved in accordance with § 4-8B-10 . Expenditures authorized under this section shall be paid out on warrants drawn by the state auditor on vouchers approved by the executive director.

Source: SL 1978, ch 128, §§ 2, 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 104, § 9; SL 2013, ch 92, § 9, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-7-7 — SD Code / Title 13 / Chapter 7 / Section 13-7-7
Withdrawal or death of candidate--Procedure--Effect
Status: in_force

Any candidate who has filed a nominating petition pursuant to § 13-7-6 may withdraw from the nomination by making a written request under oath. The candidate shall file the request with the school district's business manager. The business manager may not print the name of a candidate if the candidate withdraws or dies before five p.m. local time on the first Thursday after the deadline for filing a nominating petition.

If the death or withdrawal of a candidate at any time before the withdrawal deadline results in the number of nominating petitions filed for the vacant position to be equal to or less than the number of vacancies, the contest may not be placed on the ballot, and the business manager shall issue a certificate of election to the unopposed candidate. If that contest is the only contest to be voted upon, the business manager must cancel the election.

Source: SDC 1939, § 15.2510; SL 1947, ch 67; SL 1955, ch 41, ch 9, § 10; SL 1957, ch 64, § 2; SL 1959, ch 64; SDC Supp 1960, § 15.2310; SL 1968, ch 47, § 1; SL 1975, ch 128, § 34; SL 1979, ch 113, § 3; SL 1981, ch 129, § 2; SL 1985, ch 119, § 3; SL 1995, ch 90, § 4; SL 1996, ch 60, § 5; SL 2026, ch 35, § 8.
S.D. Codified Laws § 13-51-1.5 — SD Code / Title 13 / Chapter 51 / Section 13-51-1.5
Sioux Falls research park
Status: in_force

The Board of Regents may provide for the construction, development, maintenance, and operation of a research park on the property in Sioux Falls acquired pursuant to chapter 106 of the 2006 Session Laws. All limitations imposed by § 13-51-1.3 upon the use of University Center land shall continue in full force and effect with the exception of the separately platted tracts occupied by the research park authorized by this section. Such separately platted tracts shall, instead, be subject to the limitations on the use of research parks stated in this section.

Source: Source: SL 2009, ch 93, § 1.; SL 2018, ch 105, § 1.
S.D. Codified Laws § 13-6-62 — SD Code / Title 13 / Chapter 6 / Section 13-6-62
Election of board for new district--Notices and declarations of candidacy--Costs
Status: in_force

If under the provisions of this chapter a new school district entity is created, the voters shall elect a new school board to govern the school district as hereinafter provided. The county auditor of the county having jurisdiction shall conduct the election under the existing statutory provisions for conducting regular elections in school districts. The county auditor shall perform the duties specified for the business manager as provided in chapter 13-7 , as amended and shall also give the notice of the number of school board vacancies and residency requirements for school board membership as may be set forth in the plan approved by the voters. The declaration of candidacy shall be filed in the office of the county auditor, and the date of election may be fixed on or before the first Monday in May. Costs of conducting the election shall be paid by the new school district.

Source: SL 1955, ch 41, ch 8, § 24; SL 1957, ch 62, § 5; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2; SL 1971, ch 103, § 12; SL 1973, ch 85, § 26; SL 2023, ch 55, § 6.
S.D. Codified Laws § 13-27-3.3 — SD Code / Title 13 / Chapter 27 / Section 13-27-3.3
Report to district school board of children for whom birth certificate not furnished--Board to notify state's attorney
Status: in_force

The superintendent of any public or nonpublic school or any person who provides alternative instruction in this state who maintains a child's permanent cumulative school record shall within thirty days of enrollment report to the school board of the district the name and address of any child whose permanent cumulative record does not have a copy of a certified birth certificate in violation of § 13-27-3.1 or 13-27-3.2 . If the violation is not corrected within thirty days after the report, the school board of the district shall notify the state's attorney.

Source: SL 1988, ch 142, § 3; SL 2000, ch 81, § 3.
S.D. Codified Laws § 13-53-1.3 — SD Code / Title 13 / Chapter 53 / Section 13-53-1.3
Postsecondary institutions may offer elective course in American sign language
Status: in_force

Any postsecondary educational institution controlled by the State Board of Regents may offer an elective course in American sign language according to policy adopted by the Board of Regents.

Source: SL 1991, ch 148, § 4.
S.D. Codified Laws § 13-28A-13 — SD Code / Title 13 / Chapter 28A / Section 13-28A-13
Effect of tuition regulation agreement on school district's fall enrollment for aid purposes
Status: in_force

If South Dakota enters into a tuition regulation agreement with a bordering state, for purposes of state aid to education distributed pursuant to chapter 13-13 , any student for whom tuition is paid to a South Dakota district from a bordering state is not included in the receiving school district's fall enrollment.

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

Source: SL 2008, ch 81, § 10.
S.D. Codified Laws § 13-36-4 — SD Code / Title 13 / Chapter 36 / Section 13-36-4
High school interscholastic activities--Delegation of control to association
Status: in_force

The school board of a public school, approved and accredited by the secretary of the Department of Education, may delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association that is voluntary and nonprofit if:

(1) Membership in the association is open to all high schools approved and accredited pursuant to this section, including any school that allows participation by students receiving alternative instruction as set forth in § 13-27-3 , pursuant to the provisions of this title;

(2) The constitution, bylaws, and rules of the association are subject to ratification by the school boards of the member public school districts and the governing boards of the member nonpublic schools and include a provision for a proper review procedure and review board;

(3) The report of any audit required by § 13-36-5 is made public on the association's website as well as the Department of Legislative Audit's website;

(4) The association complies with the provisions of chapter 1-25 and chapter 1-27 . However, the association, and its employees, meetings, and records, are afforded the same exemptions and protections as a political subdivision or public body is provided under chapter 1-25 and chapter 1-27 ; and

(5) The association shall report to the Government Operations and Audit Committee annually, or at the call of the chair.

The governing body of a nonpublic school, approved and accredited by the secretary of the Department of Education, or AdvancED, or the Association of Christian Schools International (ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools International (CSI), or National Lutheran School Accreditation (NLSA), or Commission for Oceti Sakowin Accreditation (COSA), or Wisconsin Evangelical Lutheran Synod School Accreditation, may also delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association that is voluntary and nonprofit if membership in such association is open to all high schools approved and accredited pursuant to this section, including any school that allows participation by students receiving alternative instruction as set forth in § 13-27-3 , pursuant to the provisions of this title, and if the constitution, bylaws, and rules of the association are subject to ratification by the school boards of the member public school districts and the governing boards of the member nonpublic schools and include a provision for a proper review procedure and review board.

Any association that complies with this section may exercise the control, supervision, and regulation of interscholastic activities, including interscholastic athletic events of member schools. The association may promulgate reasonable uniform rules, to make decisions and to provide and enforce reasonable penalties for the violation of the rules.

Source: SL 1964, ch 51; SL 1975, ch 128, § 227; SL 1985, ch 401 (Ex. Ord. 85-3); SL 1991, ch 20 (Ex. Ord. 91-6), §§ 17, 18; SL 2003, ch 103, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2011, ch 96, § 1; SL 2014, ch 90, § 1; SL 2018, ch 101, § 1; SL 2021, ch 73, § 11.
S.D. Codified Laws § 13-7-32 — SD Code / Title 13 / Chapter 7 / Section 13-7-32
Joint school-primary elections--Increase or decrease of school board terms subject to referendum
Status: in_force

A school board resolution to increase school board terms to four years or to decrease school board terms to two years, pursuant to § 13-8-2 , is subject to a referendum if five percent of the registered voters of the school district, based upon the total number of registered voters in the school district at the last preceding general election, petition, within twenty days after the resolution is enacted, to have the question of approval or disapproval of the resolution to increase or decrease term limits placed upon the ballot at the next scheduled election or at a special election called for that purpose. The business manager shall give notice that the question will be on the ballot at the next scheduled election or at a special election called for that purpose as provided by law for school elections and prepare official ballots according to the provisions of this title.

Source: SL 2023, ch 55, § 3.
S.D. Codified Laws § 13-32-15 — SD Code / Title 13 / Chapter 32 / Section 13-32-15
Bullying defined
Status: in_force

Bullying is a pattern of repeated conduct that causes physical hurt or psychological distress on one or more students that may include threats, intimidation, stalking as defined in chapter 22-19A , physical violence, theft, destruction of property, any threatening use of data or computer software, written or verbal communication, or conduct directed against a student that:

(1) Places a student in reasonable fear of harm to his or her person or damage to his or her property; and either

(2) Substantially interferes with a student's educational performance; or

(3) Substantially disrupts the orderly operation of a school.

For the purposes of §§ 13-32-14 to 13-32-19 , inclusive, bullying also includes retaliation against a student for asserting or alleging an act of bullying.

Source: SL 2012, ch 96, § 2.
S.D. Codified Laws § 13-16-12 — SD Code / Title 13 / Chapter 16 / Section 13-16-12
Refunding bond proceeds placed in bond redemption fund--Reduction of annual tax levy
Status: in_force

Money received from the sale of refunding bonds shall be placed in the bond redemption fund to be held, or invested, and applied to the payment of the bonds to be refunded. The school board shall cause to be certified to the county auditor the amount of money so received and placed in the bond redemption fund each school fiscal year and the county auditor shall reduce by such amount the taxes to be levied to meet payments on the refunded bonds.

Source: SDC Supp 1960, § 15.2204 as added by SL 1963, ch 75, § 1; SL 1965, ch 47.
S.D. Codified Laws § 13-19-8.1 — SD Code / Title 13 / Chapter 19 / Section 13-19-8.1
Debt limit of school district created by reorganization--Readjustment of property, assets, debts, and liabilities
Status: in_force

For the purpose of § 13-19-8 , the outstanding indebtedness of any school district created by reorganization under chapter 13-6 , shall include the principal and accrued interest thereon of all preexisting bonded indebtedness outstanding against any portion of a former school district included in the boundaries of the school district created by reorganization, as ascertained in the adjustment of property, assets, debts, and liabilities made by the board of county commissioners upon the reorganization. All such preexisting bonded indebtedness, and all bonds authorized and issued in accordance with law by the new school district entity created by reorganization, shall be and remain valid and binding general obligations of said districts, provided that the net bonded indebtedness thereof does not exceed the constitutional debt limitation. If the tax levy upon any former school district area for the payment of such preexisting bonded indebtedness, plus the tax levy on such area required for the payment of bonds of the new school district entity created by reorganization, should at any time be held by any court of competent jurisdiction to impose upon such area a debt or liability in excess of the constitutional limit, not offset by the benefits assured to such area by the terms of the adjustment of property, assets, debts, and liabilities theretofore made by the board of county commissioners, the validity of said bonds of such new school district as general obligation bonds shall not in any wise be impaired thereby; but the board of county commissioners shall without delay effect such readjustment of property, assets, debts, and liabilities as may be required, and the court shall have jurisdiction to order such readjustment and to determine the true and correct amount of each item therein.

Source: SDC Supp 1960, § 15.2218 as added by SL 1968, ch 43, § 1; SL 1975, ch 128, § 120.
S.D. Codified Laws § 13-28-19.2 — SD Code / Title 13 / Chapter 28 / Section 13-28-19.2
Assignment to alternative setting--Grounds--Applicability
Status: in_force

A school board may assign a student to receive instruction in an alternative setting for aggressive or violent behaviors that disrupt the school or that affect a health or safety factor of the school or its program. Nothing herein may be construed to limit enrollment options provided in § 13-28-40 or conflict with provisions of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400, et seq., or Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

Source: SL 2026, ch 81, § 1.
S.D. Codified Laws § 13-39-8 — SD Code / Title 13 / Chapter 39 / Section 13-39-8
General supervision by director
Status: in_force

Notwithstanding the provisions of § 13-15-2 , the general control and supervision over career and technical education as provided in this chapter is the duty of the director under the direction of the secretary of education.

Source: SL 1965, ch 37, § 9; SL 1982, ch 147, § 5; SL 2004, ch 17, § 29; SL 2012, ch 88, § 16.
S.D. Codified Laws § 13-55-42.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-42.1
Alternate award of amount of rescinded scholarship
Status: in_force

If the Richard Hagen-Minerva Harvey Scholarship Board rescinds a scholarship that has been awarded, the board may award the amount of the rescinded scholarship to an alternate.

Source: SL 2005, ch 108, § 3.
S.D. Codified Laws § 13-5-32 — SD Code / Title 13 / Chapter 5 / Section 13-5-32
Cooperative educational service units--Powers--Authorization to issue notes
Status: in_force

A cooperative educational service unit may carry out the services stated in the cooperative agreement but may not levy taxes or issue bonds. However, a cooperative educational service unit may issue notes to be sold to the health and educational facilities authority or otherwise borrow money in connection with a program sponsored by the health and educational facilities authority pursuant to § 1-16A-75 .

Source: SL 1980, ch 119, § 2; SL 1991, ch 124, § 1.
S.D. Codified Laws § 13-15-30 — SD Code / Title 13 / Chapter 15 / Section 13-15-30
Agreements for whole-grade sharing of students--Conditions
Status: in_force

Notwithstanding the provisions of § 13-5-1 , the school board of any school district may enter into an agreement or contract with one or more school boards of other school districts to provide for the whole-grade sharing of students among the participating school districts if:

(1) The school district offers an instructional program within the boundaries of the school district; and

(2) The school district meets the minimum fall enrollment requirements pursuant to § 13-6-97 .

For purposes of §§ 13-15-30 to 13-15-32 , inclusive, whole-grade sharing is a sharing arrangement for students among participating school districts that allows the resident students at any one or more grade levels within one school district to attend school in one or more of the other participating school districts. The whole-grade sharing may be one-way whereby a participating school district sends all of its students at one or more grade levels to attend school in one or more of the other participating school districts without receiving any students in return.

The whole-grade sharing may also be two-way whereby a school district sends all of its students at one or more grade levels to attend school in one or more of the other participating school districts, and in return receives students at one or more grade levels from one or more of the other participating school districts.

Source: SL 2009, ch 81, § 1.
S.D. Codified Laws § 13-43-17 — SD Code / Title 13 / Chapter 43 / Section 13-43-17
Professional Teachers Practices and Standards Commission created--Number and qualifications of members
Status: in_force

There is hereby created the South Dakota Professional Teachers Practices and Standards Commission, which shall consist of seven members:

(1) Six representative members who are employed as full - time teachers, at least four of whom shall be classroom teachers. None of the six representatives may be school administrators; and

(2) One representative from the general public who is neither teacher nor school board member and who is a parent of a pupil attending an approved twelve - year program of education.

Source: SL 1969, ch 62, § 2 (a) to (d); SL 1971, ch 127, § 1; SL 1974, ch 137, § 1; SL 1979, ch 356, § 8; SL 1985, ch 139, § 2; SL 1994, ch 132, § 2.
S.D. Codified Laws § 13-60-4 — SD Code / Title 13 / Chapter 60 / Section 13-60-4
Mining experiment station continued--Control by Board of Regents
Status: in_force

The mining experiment station heretofore established at Rapid City as a department of the South Dakota School of Mines and Technology shall be under the control of the Board of Regents.

Source: SDC 1939, § 15.1402.
S.D. Codified Laws § 13-33-9 — SD Code / Title 13 / Chapter 33 / Section 13-33-9
Sectarian doctrine prohibited in public schools
Status: in_force

No sectarian doctrine may be taught or inculcated in any of the public schools of the state.

Source: SDC 1939, § 15.3103; SL 1955, ch 41, ch 14, § 3.
S.D. Codified Laws § 13-39-49 — SD Code / Title 13 / Chapter 39 / Section 13-39-49
Chairman and vice chairman of center board
Status: in_force

The officers of a center board shall be a chairman and a vice chairman, who shall not be from the same school district. The chairman shall preside at all meetings of a center board and in his absence the vice chairman shall preside.

Source: SL 1973, ch 123, § 11.
S.D. Codified Laws § 13-7-8.1 — SD Code / Title 13 / Chapter 7 / Section 13-7-8.1
Notice of special election
Status: in_force

When a special election is held to decide an issue, the business manager of the school district shall publish notices as provided in § 13-7-8 .

Source: SL 1985, ch 119, § 8.
S.D. Codified Laws § 13-53-28 — SD Code / Title 13 / Chapter 53 / Section 13-53-28
Board of Regents approval required when guardian residence basis of residency and predominant purposes is for education
Status: in_force

If the person comes from another state or country for the predominant purpose of attending a postsecondary regental institution, the person may not be admitted to resident student status upon the basis of the residence of a guardian in fact, except upon appeal to the Board of Regents.

Source: SL 1996, ch 130, § 6.
S.D. Codified Laws § 13-55G-6 — SD Code / Title 13 / Chapter 55G / Section 13-55G-6
Payment of authorized expenditures
Status: in_force

Expenditures authorized by this chapter shall be paid by warrants drawn by the state auditor on vouchers approved by the secretary of the Department of Education.

Source: SL 1994, ch 2, § 9; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-53-57 — SD Code / Title 13 / Chapter 53 / Section 13-53-57
Restrictions on lawful weapons prohibited--Exceptions--Weapon storage requirement--Applicability
Status: in_force

The Board of Regents or an institution under the control of the board may restrict or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or (3) of § 13-53-56 :

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

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

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

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

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

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

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

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

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

Whenever an individual is not carrying or in possession of any item referenced in subdivision (1), (2), or (3) of § 13-53-56 , the individual shall store the item in a locked case or safe.

Nothing in this section may be construed to prohibit, restrict, or limit the lawful carrying of any item referenced in subdivision (1), (2), or (3) of § 13-53-56 , beyond that which is necessary to maintain safety, security, or cleanliness within the designated area.

Source: SL 2025, ch 86, § 4.
S.D. Codified Laws § 13-14-14 — SD Code / Title 13 / Chapter 14 / Section 13-14-14
School board not obligated to accept and organization not obligated to provide funds without agreement as to terms and purposes
Status: in_force

Any private, nonprofit benevolent organization authorized pursuant to § 13-14-13 may propose, advocate, or suggest to the governing board of the school district that the funds proffered by the organization be utilized with regard to various curricula, activities, or other programs. However, the governing board is not obligated to accept or expend any funds, nor is the organization obligated to provide any funds, unless both are mutually agreed as to terms and purposes.

Source: SL 2009, ch 80, § 2.
S.D. Codified Laws § 13-55-26 — SD Code / Title 13 / Chapter 55 / Section 13-55-26
Reduced tuition--Teachers, vocational instructors, and school counselors--Course space limited
Status: in_force

The right of any teacher, vocational instructor, or school counselor to participate in the reduced tuition program under §§ 13-55-24 to 13-5-28, inclusive, is limited to the space available, as determined by the course instructor, in any course, after all of the full - time or full tuition paying students have registered.

Source: SL 1993, ch 150, § 3; SL 2023, ch 60, § 3; SL 2024, ch 64, § 3.
S.D. Codified Laws § 13-67-1 — SD Code / Title 13 / Chapter 67 / Section 13-67-1
Athletic teams and sports--Designation by sex--Participation
Status: in_force

Any interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an activities association or organization, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education must be designated as one of the following, based on the biological sex at birth of the participating students:

(1) Females, women, or girls;

(2) Males, men, or boys; or

(3) Coeducational or mixed.

Only female students, based on their biological sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.

For purposes of this section, biological sex is either female or male and the sex listed on the student's official birth certificate may be relied upon if the certificate was issued at or near the time of the student’s birth. The failure to comply with this section is a limited waiver of sovereign immunity for relief authorized under this chapter.

Source: SL 2022, ch 51, § 1.
S.D. Codified Laws § 13-33B-7 — SD Code / Title 13 / Chapter 33B / Section 13-33B-7
Dissemination of parent resource--Strategies to assist child's success
Status: in_force

The department shall disseminate the parent resource developed pursuant to § 13-33B-5 to parents and guardians of deaf and hard-of-hearing children. If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills the child's IFSP or IEP team shall recommend specific strategies, services, and programs to assist the child's success toward English literacy.

Source: SL 2018, ch 100, § 4.
S.D. Codified Laws § 13-63-20 — SD Code / Title 13 / Chapter 63 / Section 13-63-20
Interest in account not subject to levy, judgment or garnishment--Not deemed asset--Interest not to be used as security--Inclusion as gross asset
Status: in_force

Notwithstanding any other provision of law, any amount in or credited to any account is exempt from and is not susceptible to any levy, execution or judgment, or other operation of law, garnishment, or other judicial enforcement. Amounts in an account are not an asset or property of the account owner, contributor, or designated beneficiary for the purposes of paying any debt or liability of any account owner, contributor, or designated beneficiary. No account is subject to involuntary transfer or alienation. Neither an account owner nor a designated beneficiary may use an interest in an account as security for a loan. Any pledge of an interest in an account is of no force and effect. Amounts in an account may not be included in the gross estate of the account owner or contributor for purposes of state tax law, except to the extent that amounts in an account may be includable in the gross estate of the account owner or contributor for purposes of federal tax law. However, any funds in an account that have been contributed within one year prior to the account owner or contributor filing a petition under any chapter of Title 11 of the United States Bankruptcy Code are not exempt by the provisions of this section.

Source: SL 2001, ch 97, § 20; SL 2003, ch 111, § 1.
S.D. Codified Laws § 13-42-20 — SD Code / Title 13 / Chapter 42 / Section 13-42-20
Filing and publication of contracts
Status: in_force

True copies of all contracts made on behalf of this state pursuant to the agreement shall be kept on file in the office of the secretary of the Department of Education. The Department of Education shall publish all such contracts in convenient form.

Source: SL 1969, ch 63, § 3; SL 2003, ch 272, § 63; SL 2010, ch 77, § 21.
S.D. Codified Laws § 13-26-1.1 — SD Code / Title 13 / Chapter 26 / Section 13-26-1.1
Instructional time spent administering statewide academic assessments
Status: in_force

The amount of instructional time spent to administer statewide academic assessments required pursuant to § 13-3-55 in any school district in any school year may not exceed two percent of the total number of instructional hours required in a school year pursuant to § 13-26-1 .

Source: SL 2016, ch 88, § 1.
S.D. Codified Laws § 13-51A-27 — SD Code / Title 13 / Chapter 51A / Section 13-51A-27
Sale of bonds--Minimum price
Status: in_force

All bonds issued under this chapter shall be sold for such price or prices as the board shall determine but at not less than ninety - five percent of par except refunding bonds exchanged on a par for par basis as hereinafter provided.

Source: SL 1971, ch 134, § 4 (A).
S.D. Codified Laws § 13-16-33 — SD Code / Title 13 / Chapter 16 / Section 13-16-33
School annual financial reports
Status: in_force

Each school district shall file the annual financial report pursuant to § 13-8-47 using the uniform accounting system as defined in the accounting manual developed pursuant to § 4-11-6 . Reports not filed prior to August thirtieth are considered past due and are subject to the past-due provisions of § 13-13-38 .

Source: SL 1998, ch 98, § 14; SL 2011, ch 86, § 3.
S.D. Codified Laws § 13-62-13 — SD Code / Title 13 / Chapter 62 / Section 13-62-13
Annual operating period
Status: in_force

The Board of Regents shall establish the annual operating period of South Dakota Services for the Deaf.

Source: SDC 1939, § 55.4102 (5); SL 1953, ch 296, § 2; SL 1975, ch 128, § 375; SL 2023, ch 62, § 17.
S.D. Codified Laws § 13-3-56 — SD Code / Title 13 / Chapter 3 / Section 13-3-56
Test scores part of permanent record--Release of scores
Status: in_force

A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. Further release or use of a student's individual test scores is governed by the federal Family Educational Rights and Privacy Act (FERPA), as implemented in 34 CFR part 99, and may only occur with written permission from the student's parent or guardian or, in the case of an emancipated student, from the student.

Source: SL 1997, ch 84, § 4.
S.D. Codified Laws § 13-55A-4 — SD Code / Title 13 / Chapter 55A / Section 13-55A-4
Amount of grant
Status: in_force

A participating eligible institution shall award a South Dakota need-based grant to a qualified student for the normal academic year, or its equivalent, from a range of not less than five hundred dollars nor more than two thousand dollars. The institution making the recommendation for each South Dakota need-based grant shall consider any other financial assistance available to the qualified student in relation to the financial assistance available to other qualified students attending that institution and may not exceed the lesser of the unmet need of the qualified student or the amount of qualifying matching aid.

Source: SL 1974, ch 141, § 5; SL 1981, ch 159, § 3; SL 1982, ch 156, § 1; SL 2010, ch 104, § 4; SL 2013, ch 92, § 4, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-53-23 — SD Code / Title 13 / Chapter 53 / Section 13-53-23
Payment of insurance premiums
Status: in_force

The State Board of Regents is hereby empowered and authorized to expend from any funds available for college and university operations sufficient amounts to pay the costs of premiums of any insurance purchased pursuant to the authority granted in § 13-53-21 .

Source: SL 1970, ch 129, § 3.
S.D. Codified Laws § 13-58-1 — SD Code / Title 13 / Chapter 58 / Section 13-58-1
Name and location--Control by Board of Regents--Programs of instruction
Status: in_force

Designated as South Dakota's Land - grant University, South Dakota State University, formerly the State College of Agriculture and Mechanical Arts, located at Brookings, in Brookings County, shall be under the control of the Board of Regents and shall provide undergraduate and graduate programs of instruction in the liberal arts and sciences and professional education in agriculture, education, engineering, home economics, nursing and pharmacy, and other courses or programs as the Board of Regents may determine.

Source: SDC 1939, §§ 15.1201, 15.1202; SL 1964, ch 54, §§ 1, 2; SDCL, §§ 13-58-2 , 13-58-3; SL 1975, ch 128, § 356.
S.D. Codified Laws § 13-24-21 — SD Code / Title 13 / Chapter 24 / Section 13-24-21
Fee for use of school parking facilities
Status: in_force

Any school board may charge a fee to students or others for parking their motor vehicles in or on parking facilities provided by the school district.

Source: SL 1987, ch 139, §§ 1, 2; SL 1995, ch 96.
S.D. Codified Laws § 13-7-4.2 — SD Code / Title 13 / Chapter 7 / Section 13-7-4.2
Registration and residence required to vote in school election--Residence defined--Challenge--Contest of election
Status: in_force

No person may vote at any school election unless the person is registered to vote pursuant to chapter 12-4 and resides in the school district at the time of the election. For the purposes of this section, a person resides in the school district if the person actually lives in the school district for at least thirty days each year, is a full - time postsecondary education student who resided in the school district immediately prior to leaving for the postsecondary education, or is on active duty as a member of the armed forces whose home of record is within the school district. A voter's qualification as a resident may be challenged in the manner provided in § 12-18-10 . No election may be contested on the grounds that any nonresident was allowed to vote if the nonresident was not challenged in the manner provided in § 12-18-10 .

Source: SL 1998, ch 45, § 2; SL 2001, ch 43, § 2; SL 2002, ch 46, § 2.
S.D. Codified Laws § 13-51A-21 — SD Code / Title 13 / Chapter 51A / Section 13-51A-21
Trustee for bondholders--General powers--Trust agreement
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 vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of the holder or holders of bonds issued under this chapter, and to hold, apply, and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to the bonds; execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees or the holder or holders of any specified amount or percentage of such bonds may exercise such right and enforce any and all such covenants and resort to such remedies as may be appropriate.

Source: SL 1971, ch 134, § 5, subdiv 7.
S.D. Codified Laws § 13-26-10 — SD Code / Title 13 / Chapter 26 / Section 13-26-10
Petition to refer a school board decision on opening day of classes
Status: in_force

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

Source: SL 1993, ch 133, § 3.
S.D. Codified Laws § 13-67-2 — SD Code / Title 13 / Chapter 67 / Section 13-67-2
Complaint--Investigation--Harm incurred by athlete
Status: in_force

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

If a student is subjected to retaliation or other adverse action by an accredited school, school district, activities association or organization, or institution of higher education as a result of reporting a violation of § 13-67-1 to an employee or representative of the school, school district, activities association or organization, institution of higher education, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive, mandamus, and declaratory relief, against the school, school district, activities association or organization, or institution of higher education. In addition, no governmental entity may investigate a complaint or take any adverse action against an accredited school, school district, activities association or organization, or institution of higher education, or any employee or governing board member of the foregoing for compliance with § 13-67-1 .

Source: SL 2022, ch 51, § 2.
S.D. Codified Laws § 13-7-33 — SD Code / Title 13 / Chapter 7 / Section 13-7-33
Joint school-primary elections--Number of vacancies and term years determined by school board
Status: in_force

If a resolution to increase a school board term to four years is approved, pursuant to § 13-8-2 , the school board must designate the number of vacancies and the number of years, not exceeding four years, for each vacancy so that all succeeding elections have, insofar as practicable, the same number of vacancies to be filled.

If a resolution to decrease the length of a school board term from three to two years is approved pursuant to § 13-8-2 , each member of the school board must be elected at the regularly scheduled election.

Source: SL 2023, ch 55, § 4.
S.D. Codified Laws § 13-51A-23 — SD Code / Title 13 / Chapter 51A / Section 13-51A-23
Prohibition against obligating state
Status: in_force

Nothing in this chapter shall be construed to authorize the board or any institution to contract a debt on behalf of, or in any way to obligate, the State of South Dakota, or to pledge, assign, or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the Legislature of the State of South Dakota.

Source: SL 1971, ch 134, § 9.
S.D. Codified Laws § 13-15-21 — SD Code / Title 13 / Chapter 15 / Section 13-15-21
Enrollment in adjoining school districts in Minnesota
Status: in_force

Any student who resides in a South Dakota school district adjoining a school district in Minnesota may enroll in the adjoining school district in Minnesota under one of the following options:

(1) Any school board that operates a K-8 school or does not operate a school may contract with the adjoining school district in Minnesota;

(2) Any school board may assign students to the adjoining school district in Minnesota. Any person who is aggrieved by the assignment decision of the school board may request a hearing within thirty days before the secretary of the Department of Education or the secretary's representative. If the Department of Education has not rendered a decision within thirty days following final submission of appeal, the board's decision is affirmed; or

(3) Any school board may enter into a memorandum of agreement with the school board of the adjoining school district in Minnesota to permit students from both school districts to enroll in either school district.

The intention of a Minnesota student to enroll in a South Dakota school shall be made known to the affected school before July first of the school term.

Source: SL 1992, ch 123, § 1; SL 1993, ch 132, § 1; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-33-26 — SD Code / Title 13 / Chapter 33 / Section 13-33-26
Council membership
Status: in_force

The council shall consist of seven members appointed by the secretary of education with broadly based representation from entities involved in virtual education efforts statewide.

Source: SL 2006, ch 83, § 3.
S.D. Codified Laws § 13-49-9 — SD Code / Title 13 / Chapter 49 / Section 13-49-9
President of board--Election and term
Status: in_force

At the annual meeting of the board, there shall be elected from among the members a president, whose term of office shall be for one year.

Source: SDC 1939, § 15.0705; SL 1945, ch 49; SL 1955, ch 293, § 1; SL 2007, ch 109, § 9.
S.D. Codified Laws § 13-19-27 — SD Code / Title 13 / Chapter 19 / Section 13-19-27
Financing arrangements for capital improvements and expenditures incident to consolidation
Status: in_force

Any school district may enter into lease-purchase agreements or other financing arrangement with or issue capital outlay certificates that are secured by a pledge of state aid to education funds in connection with a program sponsored by the Health and Educational Facilities Authority for capital improvements, the acquisition of equipment, or improvement of school facilities or other lawful purpose that the school board considers necessary or appropriate or as a result of a consolidation or proposed consolidation of one school district with another school district.

Source: SL 1986, ch 124, § 1; SL 1988, ch 140, § 2; SL 1999, ch 84, § 5; SL 2015, ch 90, § 1.
S.D. Codified Laws § 13-32-12 — SD Code / Title 13 / Chapter 32 / Section 13-32-12
Disciplinary action regarding self-administration of medication
Status: in_force

If any student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action by the school. However, the disciplinary action may not limit or restrict the student's immediate access to the medication.

Source: SL 2010, ch 93, § 3.
S.D. Codified Laws § 13-5-15 — SD Code / Title 13 / Chapter 5 / Section 13-5-15
School districts as corporations--Form of name
Status: in_force

Every school district shall constitute a school corporation under the name of "__________ School District, No. __________ of __________ County, South Dakota."

Source: SDC 1939, § 15.2303; SL 1955, ch 41, ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1963, ch 69, § 3; SL 1974, ch 125, § 3.
S.D. Codified Laws § 13-6-66 — SD Code / Title 13 / Chapter 6 / Section 13-6-66
Effective date of change of boundaries by creation of new district
Status: in_force

The changes in boundaries caused by the creation of the new school district shall take effect July first after the new board has been elected and qualified.

Source: SL 1955, ch 41, ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2.
S.D. Codified Laws § 13-48-42 — SD Code / Title 13 / Chapter 48 / Section 13-48-42
Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement--National Council for State Authorization Reciprocity Agreement's Policies and Standards
Status: in_force

The secretary of state and the attorney general shall provide information requested by the Board of Regents in order to carry out administrative, oversight, information sharing, and reporting responsibilities on behalf of South Dakota under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013. With respect to any postsecondary institution authorized under this chapter that is not controlled by the Board of Regents, the information requested by the Board of Regents from the secretary of state and the attorney general may not exceed that which is specifically required for a postsecondary institution to receive reciprocal authorizations to conduct distance education activities in other states under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013.

Source: SL 2014, ch 96, § 1.
S.D. Codified Laws § 13-13-84 — SD Code / Title 13 / Chapter 13 / Section 13-13-84
Promulgation of rules on certification of resident pupils attending schools in another state
Status: in_force

The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certification of resident pupils attending public or private schools in another state.

Source: SL 2009, ch 75, § 3.
S.D. Codified Laws § 13-15-9 — SD Code / Title 13 / Chapter 15 / Section 13-15-9
Interstate assignment of students on reciprocal basis only
Status: in_force

A school district in South Dakota with such a common boundary may not assign students to a district in another state if such district of said state prohibits or restricts students of said district from being assigned to a South Dakota school district.

Source: SDC Supp 1960, § 15.3307 as added by SL 1964, ch 46; SL 1967, ch 46; SL 1986, ch 27, § 4.
S.D. Codified Laws § 13-11-2 — SD Code / Title 13 / Chapter 11 / Section 13-11-2
Adoption of annual school budget--Publication--Cash flow--Levy--Changes in budget
Status: in_force

The school board shall prepare a proposed budget for the next fiscal year according to the budgeting standards prescribed by the auditor general for consideration not later than the regular meeting in the month of May. The proposed budget shall be published in the designated official newspaper not later than July fifteenth together with a notice of hearing on the budget. The budget hearing shall be held before August first. Before October first every school board shall approve a budget for the anticipated obligations of each fund, except trust and agency funds, for the school fiscal year. The budget may include an amount to provide cash flow funding according to guidelines prescribed by the auditor general. By resolution the school board shall adopt a levy in dollars sufficient to meet the school budget. Any changes in the proposed budget incorporated into the final budget shall be published in the minutes within thirty days after the final adoption of the budget.

Source: SDC 1939, § 15.2327; SL 1941, ch 64, § 1; SL 1953, ch 59, § 2; SL 1955, ch 41, ch 10, § 8; SDC Supp 1960, § 15.2208; SL 1971, ch 74, § 2; SL 1973, ch 88; SL 1975, ch 132; SL 1976, ch 115, § 2; SL 1986, ch 126, § 2; SL 1987, ch 128, § 1; SL 1995, ch 93; SL 1996, ch 105.
S.D. Codified Laws § 13-13-13 — SD Code / Title 13 / Chapter 13 / Section 13-13-13
Eligibility of district for state aid
Status: in_force

The eligibility of a school district to share in state aid to education funds shall be determined as provided by §§ 13-13-14 to 13-13-19 , inclusive.

Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 4; SL 2015, ch 89, § 6.
S.D. Codified Laws § 13-6-13.2 — SD Code / Title 13 / Chapter 6 / Section 13-6-13.2
Rejection of request to transfer not actionable
Status: in_force

Notwithstanding any other provision of law, a decision by a school board to reject the request to transfer land submitted pursuant to subdivision 13-6-13(12), in total or in part, does not create any cause of action against the school district or school board, or constitute grounds for an appeal pursuant to § 13-46-1 .

Source: SL 2016, ch 82, § 13.
S.D. Codified Laws § 13-13-39 — SD Code / Title 13 / Chapter 13 / Section 13-13-39
Apportionment of state aid--Payments to school districts--Deduction of delinquent payments where funds pledged
Status: in_force

The Department of Education shall apportion the state aid to education funds to each eligible school district and shall prepare a list of apportionments to be posted publicly in electronic format.

The state auditor shall issue the warrant to each school district when the apportionment voucher is presented for the total amount of the state aid to education funds each school district is to receive, subject to any reduction necessitated by the issuance of a notice from the Health and Educational Facilities Authority as provided in this section.

Notwithstanding the provisions of § 13-13-74 or any other law, if the department receives written notice from the authority that a school district is delinquent in making any payment for any certificate, lease, or other obligation required by agreement with the authority in which the school district has pledged state aid to education funds or other amounts under Title 13 pursuant to a lease, resolution, certificate, or other arrangement with the authority, the department shall deduct from amounts otherwise due to a school district for the apportionment of state aid to education funds or other amounts under Title 13 the amount required to pay rentals, bonds, notes, certificates, or other amounts then due but unpaid. The state auditor shall issue a warrant for the full amount of the delinquency specified in the notice of the authority or a lesser amount as has been appropriated for the current fiscal year and not yet distributed pursuant to § 13-13-74 . The amount deducted shall be paid to the authority or any financial institution designated by the authority acting as paying agent or trustee on behalf of any holders of bonds, notes, lease, certificates, or other obligations in connection therewith, all as specified by the authority. A record of the amount deducted and a copy of the notice from the authority shall be filed with the state auditor and department.

Any amount paid to the authority or a financial institution designated pursuant to the procedures described in this section shall be deducted from the remaining amount of state aid to education funds otherwise payable to the school district under Title 13, thereby reducing the amount payable pursuant to § 13-13-74 . The amount payable to the authority and any financial institution pursuant to this section in any fiscal year may not exceed the amount of state aid to education funds appropriated and not yet paid to or for the benefit of a school district for the current fiscal year. No pledge by a school district of state aid to education funds or other amounts under Title 13 for any other purpose may be permitted and if made is voidable at the election of the authority.

Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246; SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 30; SL 1970, ch 96, § 4; SL 1971, ch 107, § 1; SL 1975, ch 128, § 87; SL 1986, ch 124, § 5; SL 1989, ch 146, § 1; SL 1990, ch 133, § 2; SL 1997, ch 90, § 1; SL 1999, ch 84, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 8; SL 2015, ch 89, § 14; SL 2015, ch 90, § 3.
S.D. Codified Laws § 13-49-39 — SD Code / Title 13 / Chapter 49 / Section 13-49-39
Collective bargaining--Prohibition
Status: in_force

The collective bargaining provisions set forth in chapters 3-18 and 60-9A do not apply to any person employed by the Board of Regents or employed by an institution under the control of the Board of Regents, except for public employees at South Dakota Services for the Deaf and the South Dakota School for the Blind and Visually Impaired, as provided in § 3-18 -1.

Source: SL 2020, ch 63, § 1; SL 2023, ch 62, § 7.
S.D. Codified Laws § 13-53-46 — SD Code / Title 13 / Chapter 53 / Section 13-53-46
Definition of terms in §§13-53-47and13-53-48
Status: in_force

Terms in §§ 13-53-47 and 13-53-48 mean:

(1) "Public or private postsecondary educational institution" or "institution," any entity permitted to offer postsecondary education credits or degrees in South Dakota under § 13-49-27.1 ;

(2) "Student," any person born after 1956 who is registering for more than one class during an academic term, such as a quarter or a semester. The term includes any person who meets face-to-face at least once per week to receive instruction. The term does not include any person who receives non-credit-bearing or on-the-job training services.

Source: SL 2007, ch 119, § 1.
S.D. Codified Laws § 13-42-6 — SD Code / Title 13 / Chapter 42 / Section 13-42-6
Oath or affirmation of allegiance required--Aliens excepted
Status: in_force

No certificate may be issued unless the applicant is a United States citizen and takes an oath or affirmation to support the Constitutions of the United States and of the State of South Dakota or unless the applicant is a legal alien. The department shall keep a copy of the oath on file. A legal alien employed by a school district is not required to file an oath or affirmation of allegiance. The secretary may administer the oath or affirmation required under this chapter.

Source: SL 1955, ch 41, ch 16, § 3; SDC Supp 1960, § 15.3803; SL 1975, ch 128, § 298; SL 1982, ch 148, § 2; SL 1989, ch 30, § 47; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 6.
S.D. Codified Laws § 13-28-2 — SD Code / Title 13 / Chapter 28 / Section 13-28-2
Kindergarten enrollment eligibility--Transfer from another state
Status: in_force

Any child who is five years old on the first day of September is eligible for enrollment in kindergarten during that school year. Any child who transfers from another state may proceed in a continuous educational program without interruption.

Source: SDC 1939, § 15.2032; SL 1939, ch 40; SL 1953, ch 55, § 4; SL 1955, ch 41, ch 12, § 2; SDC Supp 1960, § 15.3002; SDCL § 13-28-3 ; SL 1971, ch 117, § 2; SL 1979, ch 116, § 4; SL 1991, ch 142, § 1; SL 2006, ch 80, § 3; SL 2007, ch 100, §§ 1, 2.
S.D. Codified Laws § 13-51A-25 — SD Code / Title 13 / Chapter 51A / Section 13-51A-25
Recording not required to perfect lien
Status: in_force

Neither the resolution authorizing the bonds nor any financing statement or other instrument or document need be filed or recorded in any public records in order to perfect the lien on the pledge of the revenues to pay the bonds as against third parties.

Source: SL 1971, ch 134, § 8.
S.D. Codified Laws § 13-15-13 — SD Code / Title 13 / Chapter 15 / Section 13-15-13
Location of interstate joint facilities
Status: in_force

Facilities erected and maintained pursuant to agreements or contracts pursuant to § 13-15-11 may be located in South Dakota or in a neighboring state.

Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245.
S.D. Codified Laws § 13-10-12.1 — SD Code / Title 13 / Chapter 10 / Section 13-10-12.1
Criminal background investigation--Single investigation for employee of multiple schools--Condition--Procedure for transfer of report
Status: in_force

Any accredited school employee who is employed by more than one accredited school is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional accredited school. The results of the background investigation shall be transferred to any additional accredited school from the initial school that obtained the criminal background investigation if the additional accredited school or the school employee requests in writing to the initial accredited school that the results be transferred and the accredited school employee who was the subject of the criminal background investigation signs a written release authorizing the transfer.

Source: SL 2001, ch 75, § 1; SL 2026, ch 79, § 2.
S.D. Codified Laws § 13-63-4 — SD Code / Title 13 / Chapter 63 / Section 13-63-4
Contract with financial institution to serve as program manager
Status: in_force

The council may enter into a contract with any financial institution selected to serve as a program manager and depository.

The contract may include terms and conditions, not contrary to federal or state law, as agreed to by the parties.

Source: SL 2001, ch 97, § 4; SL 2022, ch 49, § 3.
S.D. Codified Laws § 13-55-45 — SD Code / Title 13 / Chapter 55 / Section 13-55-45
Secretary to approve vouchers and draw warrants
Status: in_force

The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by §§ 13-55-37 to 13-55-46 , inclusive.

Source: SL 2003, ch 109, § 10; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-15-3 — SD Code / Title 13 / Chapter 15 / Section 13-15-3
School district contracts with federal agencies for education of children residing in district--Tuition charges--Sharing of costs--Copy of contract to secretary
Status: in_force

The school board of any school district shall be authorized to enter into contracts with the United States Bureau of Indian Affairs or any other federal department or agencies or their authorized agents for the education of those children who are of legal school age and have school residence within the district and who are entitled to free public education. Such contractual agreement may be in the form of tuition charges mutually agreed upon, by the sharing of education operational costs and facilities, or by any other type of contractual agreement which will be of benefit to the school district. Any specific statute within the school code in compliance of which it would be necessary to defeat the purpose of this section is hereby waived to allow full compliance with the contractual agreement provided by this section. A copy of such contractual agreements shall be filed with the secretary of the Department of Education.

Source: SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1975, ch 128, § 92; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-10-3 — SD Code / Title 13 / Chapter 10 / Section 13-10-3
Group life and health insurance for employees and retirees
Status: in_force

Any school board may enter into group life and group health insurance contracts, including contracts for dental and vision insurance provided by private carriers, or may self insure, for the protection and benefit of its employees, the immediate families of such employees, and former employees who have retired, and may pay any part or all of the necessary premiums therefor.

Source: SL 1953, ch 62; SL 1955, ch 41, ch 16, § 15; SDC Supp 1960, § 15.3815; SL 1967, ch 48; SL 1978, ch 49, § 4; SL 2009, ch 74, § 1.
S.D. Codified Laws § 13-42-16 — SD Code / Title 13 / Chapter 42 / Section 13-42-16
Appeal to circuit court from revocation or suspension of certificate
Status: in_force

A certificate holder whose certificate has been revoked or suspended pursuant to this chapter has a right of appeal from the decision of the secretary to the circuit court pursuant to chapter 1-26 .

Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1985, ch 139, § 20; SL 1989, ch 153, § 7; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 14.
S.D. Codified Laws § 13-39-58 — SD Code / Title 13 / Chapter 39 / Section 13-39-58
Business of center--Ownership of property
Status: in_force

A center board shall have charge of the business of the center and may lease or acquire ownership of the equipment and facilities.

Source: SL 1973, ch 123, § 13; SL 1975, ch 128, § 263.
S.D. Codified Laws § 13-33A-5 — SD Code / Title 13 / Chapter 33A / Section 13-33A-5
Epinephrine--Policy for use and storage--Notice
Status: in_force

Each school shall adopt a policy for the use and storage of epinephrine auto-injectors or nasal spray and shall notify the parents or guardians of each student about the policy.

Source: SL 2014, ch 89, § 2; SL 2026, ch 83, § 2.
S.D. Codified Laws § 13-33-6.1 — SD Code / Title 13 / Chapter 33 / Section 13-33-6.1
Character development instruction
Status: in_force

Unless the governing body elects, by resolution, effective for not less than one or more than four school terms, to do otherwise, character development instruction shall be given in all public and nonpublic elementary and secondary schools in the state to impress upon the minds of the students the importance of citizenship, patriotism, honesty, self discipline, self respect, sexual abstinence, respect for the contributions of minority and ethnic groups to the heritage of South Dakota, regard for the elderly, and respect for authority.

Source: SL 1997, ch 100, § 1.
S.D. Codified Laws § 13-32-16 — SD Code / Title 13 / Chapter 32 / Section 13-32-16
Bullying policy requirements
Status: in_force

Each school district policy developed pursuant to §§ 13-32-14 to 13-32-19 , inclusive, shall contain the following provisions:

(1) A statement prohibiting bullying and a definition of bullying that includes the definition listed in § 13-32-15 ;

(2) A description of the type of behavior expected from each student of the school district, and the consequences for a student of the school district who commits an act of bullying;

(3) A procedure for reporting an act of bullying, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and

(4) A procedure for the prompt investigation and response to any report of bullying, including a requirement that an investigation be conducted on any alleged incident of bullying committed against a child while the child is aboard a school bus, at a school bus stop, or at a school-sponsored event.

Source: SL 2012, ch 96, § 3.
S.D. Codified Laws § 13-6-82 — SD Code / Title 13 / Chapter 6 / Section 13-6-82
Bonded indebtedness not transferred by reorganization--Continuation of tax levy and redemption of bonded indebtedness--Trust fund
Status: in_force

Nothing in this chapter shall be construed to authorize the transfer of the liabilities of existing bonded indebtedness from the district or territory against which it was originally incurred. Should there be any existing bonded indebtedness outstanding against a district, the county auditor shall continue the annual tax levy that was provided for the redemption of such bond issue. The board of county commissioners shall have the same authority as a school board under the provisions of §§ 13-16-10 to 13-16-14 , inclusive. The board of county commissioners shall direct the treasurer of the school board of the said former school district to transfer all money in the bond redemption fund as of the close of the last school fiscal year the district existed, to the county treasurer and the said county treasurer shall place such money so received in a trust fund along with the receipts from the annual tax levy provided in § 13-6-81 and shall be authorized to invest any surplus money in this trust fund in such securities as are authorized by law for school district funds and the income from such investments shall be added to such trust fund. The county treasurer shall apply the money in the said trust fund to the redemption of such bonded indebtedness as the bonds become due and payable and, if sufficient money is available, may negotiate with the bondholders to purchase outstanding bonds ahead of schedule when such action is deemed advisable and so ordered by the board of county commissioners. When the bonds are paid and canceled, the county treasurer shall place the unused balance in the said trust fund, if any, to the credit of the district or districts containing territory of the former school district.

Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1973, ch 85, § 33.
S.D. Codified Laws § 13-13-37.4 — SD Code / Title 13 / Chapter 13 / Section 13-13-37.4
Promulgation of rules
Status: in_force

The secretary of the Department of Education and the South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to implement state aid to education funding as provided in this chapter.

Source: SL 1986, ch 126, § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 89, § 12; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-55-11 — SD Code / Title 13 / Chapter 55 / Section 13-55-11
Residents with visual impairment--Tuition and fee exemption--Credit hours to which entitled--Qualifying degree of impairment
Status: in_force

Any resident of this state with a visual impairment who possesses the entrance requirements for admission to any educational institution under supervision of the Board of Regents shall be permitted to enter and pursue any course or course of study offered by such institution, including distance education courses not subsidized by the state general fund, without payment of tuition, library fees, registration fees, or any other fees that other students are required to pay directly to such institution until the resident with a visual impairment has received two hundred twenty - five semester hours of credit or its equivalent. Any person shall be deemed to be a person with a visual impairment within the meaning of this section who cannot, with use of correcting glasses, see sufficient to perform ordinary activities for which eyesight is essential.

Source: SL 1939, ch 52, §§ 1, 2; SL 1957, ch 48; SDC Supp 1960, § 15.07 17-1 ; SL 1970, ch 110, § 1; SL 2021, ch 82, § 1.
S.D. Codified Laws § 13-55G-1 — SD Code / Title 13 / Chapter 55G / Section 13-55G-1
Eligibility of certain students for memorial education cost equalization grant
Status: in_force

Any student who is a South Dakota resident attending the Cheyenne River Community College in Eagle Butte, Oglala Lakota College in Kyle, Sinte Gleska University in Rosebud, Sisseton - Wahpeton Community College in Sisseton, or Standing Rock Community College in Fort Yates, North Dakota, is eligible for a memorial education cost equalization grant as provided in §§ 13-55G-2 to 13-55G-5 , inclusive. The eligibility of the students attending these institutions is contingent upon the institution being accredited by the North Central Association of Colleges and Secondary Schools Accrediting Agency.

Source: SL 1994, ch 2, § 3.
S.D. Codified Laws § 13-5-34 — SD Code / Title 13 / Chapter 5 / Section 13-5-34
Application procedure by school district for waiver from compliance with administrative rules--School reform plan
Status: in_force

School districts may apply for waivers from compliance with state administrative rules which a majority of the local school board agrees limit its ability to make specified reforms and are unnecessary for maintaining the quality of education within the school district. Prior to applying for the waivers, the school district shall hold a public hearing within the district to seek public comment on its school reform plan and the waivers being sought. A list of the waivers being sought and justification for each shall be submitted to the Department of Education at least sixty days before the date that waivers are to occur. The request for waiver shall provide a method for evaluation which includes the involvement of students, parents, teachers, and administrators. The secretary of the Department of Education may approve waivers of up to four years. Any district which is aggrieved by a decision of the secretary of the Department of Education may, within thirty days, appeal to the South Dakota Board of Education Standards pursuant to chapter 1-26 .

The South Dakota Board of Education Standards may promulgate rules, pursuant to chapter 1-26 , to establish standards for waivers, reform plans, approval process, and rescission procedures.

Source: SL 1990, ch 122, § 8; SL 1993, ch 123; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-65-2 — SD Code / Title 13 / Chapter 65 / Section 13-65-2
Partners in education tax credit program established
Status: in_force

The partners in education tax credit program is hereby established. Through the program, any company that is liable to pay the insurance company premium and annuity tax, pursuant to § 10-44-2 , may claim credit for contributions made to the scholarship granting organization. The tax credit may be claimed by the company on the annual premium tax return in an amount equaling up to one hundred percent of the total contributions made to the scholarship granting organization in the previous taxable year.

No tax credit may be claimed pursuant to this chapter for the portion of the tax that is collected and set aside for workers' compensation coverage as provided in subdivision 10-44-2(4) or for the tax that is levied on fire insurance premiums pursuant to § 10-44-9 .

Source: SL 2016, ch 102, § 2; SL 2019, ch 97, § 2.
S.D. Codified Laws § 13-6-84.1 — SD Code / Title 13 / Chapter 6 / Section 13-6-84.1
Criteria for boundary change or land exchange
Status: in_force

In each proposed change in a school district's boundary or land exchange, the boundary of the area proposed to be detached, annexed, or exchanged must have a common boundary with the common boundary of the two involved school districts. Land owned by the federal, state, or local governments and unoccupied land may be included in the proposal.

Source: SDCL § 13-6-85 as added by SL 1973, ch 85, § 36; SL 1979, ch 112, § 2; SL 2004, ch 123, § 1; SL 2016, ch 82, § 3.
S.D. Codified Laws § 13-13-81 — SD Code / Title 13 / Chapter 13 / Section 13-13-81
Definition of terms
Status: in_force

Terms used in this section and §§ 13-13-82 and 13-13-83 mean:

(1) "Eligible school district," a school district that does not receive state aid to education distributed pursuant to chapter 13-13 and that operates a high school primarily focused on career and technical education;

(2) "Eligible student," a student who currently attends a high school primarily focused on career and technical education that is operated by an eligible school district and who, immediately prior to attending the high school primarily focused on career and technical education, was enrolled in a South Dakota school district other than the eligible school district.

Source: SL 2008, ch 79, § 1.