S.D. Codified Laws § 13-24-22 — SD Code / Title 13 / Chapter 24 / Section 13-24-22
Representatives of patriotic societies permitted to speak to students at public schools
Status: in_force

Representatives of a patriotic society shall be allowed to speak to students during regular school hours at each public school in the state during the first quarter of each academic school year. The patriotic society shall provide the school principal with verbal or written notice of the patriotic society's intent to speak to the students to inform the students about the civic involvement of the society, and to explain how students may participate in or join the patriotic society. A school principal has discretion over the time, place, and manner when representatives of a patriotic society are allowed to speak to students. A school principal may limit the opportunity to speak to students to the first quarter of the academic year.

For purposes of this section the term, patriotic society, means organizations listed in title 36 of the United States Code, as of July 1, 2018.

Source: SL 2018, ch 95, § 1.
S.D. Codified Laws § 13-32-13 — SD Code / Title 13 / Chapter 32 / Section 13-32-13
Applicability of provisions regarding self-administration of medication
Status: in_force

The provisions of §§ 13-32-10 to 13-32-12 , inclusive, do not apply to any of the following group living environments:

(1) A facility operated by the Department of Corrections;

(2) A facility operated by the Department of Human Services or the Department of Social Services;

(3) A group care or residential treatment facility licensed by the Department of Social Services;

(4) A residential treatment facility accredited by the Department of Human Services or the Department of Social Services;

(5) A community support provider as defined in § 27B-1-17 ;

(6) An intermediate care facility for individuals with intellectual disabilities;

(7) A juvenile detention center or holding facility operated by a county; or

(8) A hospital or health care facility as defined in § 34-12-1.1 .

Source: SL 2010, ch 93, § 4; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 134, eff. Apr. 12, 2011; SL 2013, ch 125, § 3.
S.D. Codified Laws § 13-55-39 — SD Code / Title 13 / Chapter 55 / Section 13-55-39
Eligibility for scholarship--Criteria
Status: in_force

In order to be eligible for a Richard Hagen-Minerva Harvey memorial scholarship award, a student shall:

(1) Attend or have graduated from a South Dakota accredited high school;

(2) Have met high school graduation requirements established by rules promulgated pursuant to chapter 1-26 by the Department of Education or be enrolled in a course of study such that upon graduation, the student will have met high school graduation requirements established by rules promulgated pursuant to chapter 1-26 by the Department of Education;

(3) Provide evidence to the board that the student has been accepted to attend a public or nonpublic accredited university, college, or technical college located in South Dakota;

(4) Apply for a Richard Hagen-Minerva Harvey memorial scholarship within five years after graduating from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school; and

(5) Be an enrolled member of an American Indian tribe.

Source: SL 2003, ch 109, § 3; SL 2003, ch 272, § 63; SL 2005, ch 108, § 1; SL 2009, ch 94, § 1; SL 2020, ch 61, § 51.
S.D. Codified Laws § 13-28-48 — SD Code / Title 13 / Chapter 28 / Section 13-28-48
Nonresident district must serve student's grade level within district
Status: in_force

Notwithstanding any other provision of law, no student may enroll in a school district pursuant to the provisions contained in §§ 13-28-40 to 13-28-47 , inclusive, if that school district does not serve the student's grade level within the physical boundaries of the school district.

Source: SL 2000, ch 82, § 3.
S.D. Codified Laws § 13-53-29.2 — SD Code / Title 13 / Chapter 53 / Section 13-53-29.2
Recipient of veteran's educational benefits exempt from twelve-month residency requirement
Status: in_force

Any person living in the state shall be classified as a resident student without meeting the twelve-month residency requirement within South Dakota pursuant to the provisions of § 13-53-24 if the person receives veteran's educational benefits pursuant to the provisions of chapters 30, 31, and 33, Title 38, of the United States Code as of January 1, 2019.

Source: SL 2015, ch 107, § 2; SL 2019, ch 93, § 2.
S.D. Codified Laws § 13-55E-9 — SD Code / Title 13 / Chapter 55E / Section 13-55E-9
Expenditures from fund--Administration costs and fees
Status: in_force

Expenditures from the fund established under § 13-55E-8 shall be for payments to institutions of higher education on behalf of beneficiaries, payments of refunds and direct payment of benefits in accordance with § 13-55E-10 and for costs of administering this chapter. Administration fees shall be specified by contract and may not exceed two percent of investment earnings accruing to the fund.

Source: SL 1994, ch 145, § 9.
S.D. Codified Laws § 13-35-2.2 — SD Code / Title 13 / Chapter 35 / Section 13-35-2.2
Charges for meals--Certain students exempt--District reimbursement
Status: in_force

On or before June thirtieth of each year, the department shall, based on information forwarded by each school district, calculate the amount to be reimbursed by the department for the cost of meals served to students who may not be charged, pursuant to § 13-35-2.1 . The department shall:

(1) Subtract the amount to be reimbursed to the district for each meal served to a student eligible for reduced-price meals through the National School Lunch Program, 42 U.S.C. § 1751, et seq. (January 1, 2026), or the School Breakfast Program, 42 U.S.C. § 1773 (January 1, 2026), from the amount reimbursed to the district for a meal served to a student eligible for free meals through either program; and

(2) Multiply the difference of subdivision (1) by the number of meals served to students who may not be charged, pursuant to § 13-35-2.1 .

The Department of Education shall, with moneys appropriated in the general appropriation bill, reimburse each school district in accordance with this section.

Source: SL 2026, ch 84, § 3.
S.D. Codified Laws § 13-3-84 — SD Code / Title 13 / Chapter 3 / Section 13-3-84
Partially enrolled student required to take academic achievement test
Status: in_force

If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-28-51 , and the student's enrollment is equal to or greater than fifty percent, that student is required to take any academic achievement test administered by the school district pursuant to § 13-3-55 . If a student's partial enrollment in a school district is less than fifty percent, the student is not required to take any academic achievement test administered by the school district pursuant to § 13-3-55 .

Source: SL 2007, ch 101, § 4.
S.D. Codified Laws § 13-47-12 — SD Code / Title 13 / Chapter 47 / Section 13-47-12
Construction, maintenance, and operation of telecommunications facilities
Status: in_force

The board shall have the power and duty to contract for the construction, leasing, repair, maintenance, and operation of telecommunications facilities.

Source: SL 1965, ch 67, § 5 (5).
S.D. Codified Laws § 13-28-44 — SD Code / Title 13 / Chapter 28 / Section 13-28-44
Standards for acceptance or rejection of application to enroll
Status: in_force

Each school district by November 1, 1997, shall by resolution adopt relevant standards for the acceptance and rejection of an application to enroll in the district under the provisions of §§ 13-28-40 to 13-28-47 , inclusive. The board shall adopt standards through official board action, set them forth in writing, and make them available to any individual upon receiving an oral or written request. Standards shall be limited to the capacity of a program, class, grade level, and school building operated by the board and the pupil/teacher ratio. Discrimination based on race, gender, religious affiliation, or disability is prohibited. If two or more children from a family residing in the same household must enroll in different school districts as the result of a board's denial of an application to transfer from a resident district or to enroll in a nonresident district under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, neither the resident board nor the nonresident board may deny the application. However, two or more children from a family residing in the same household who are eligible for kindergarten through twelfth grade may open enroll only if, pursuant to § 13-28-42.1 , the nonresident district can provide an appropriate instructional program and facilities, including transportation, for the child in need of special education or special education and related services. If the nonresident district cannot meet the provisions of § 13-28-42.1 for the child in need of special education or special education and related services, the nonresident district may deny that child's application for open enrollment.

The decision of a local school board regarding a student's application for open enrollment or a request to return to the resident district under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, is subject to de novo appeal under the provisions of chapter 13-46 . The Department of Education may promulgate rules pursuant to chapter 1-26 specifying procedural and administrative requirements for the implementation of the open enrollment program and related transfers and enrollments under the provisions of §§ 13-28-40 to 13-28-47 , inclusive.

Source: SL 1997, ch 98, § 5; SL 2000, ch 82, § 1; SL 2003, ch 272, § 63; SL 2004, ch 130, § 2.
S.D. Codified Laws § 13-63-21.1 — SD Code / Title 13 / Chapter 63 / Section 13-63-21.1
Excess contributions--Processing
Status: in_force

For each designated beneficiary, the balance in the qualified tuition program may not exceed the limits as defined in section 529 of the Internal Revenue Code. If the financial institution determines that a contribution would cause the account balance limit to be exceeded, the financial institution may only deposit that portion of the contribution, if any, that does not result in an excess balance. The financial institution shall return the excess to the contributor or permit the account owner to transfer the excess to another account in accordance with § 13-63-13 . The program manager shall continuously monitor the current, cumulative balance in the accounts for each designated beneficiary.

Source: SL 2022, ch 49, § 8.
S.D. Codified Laws § 13-3-67 — SD Code / Title 13 / Chapter 3 / Section 13-3-67
Interventions--Ranking
Status: in_force

The state accountability system shall include interventions for schools in the form of sanctions, rewards, and recognition. The interventions shall be based on the school's ranking on the state's achievement standards and additional indicators.

Source: SL 2003, ch 90, § 6; SL 2012, ch 89, § 5.
S.D. Codified Laws § 13-14-3.1 — SD Code / Title 13 / Chapter 14 / Section 13-14-3.1
Federal funds under Mineral Leasing and Taylor Grazing Acts allocated to districts by area of producing lands
Status: in_force

All revenues received by the State of South Dakota from the federal government of the United States as South Dakota's share of income from lands owned by the United States in South Dakota pursuant to section 35 of the federal Mineral Leasing Act of February 25, 1920, and pursuant to section 10 of the federal Taylor Grazing Act of June 28, 1934, as amended or as hereafter amended, and in which the Congress of the United States has granted unto the Legislature of this state the right to use such money as it may prescribe or direct for the use and benefit of the state, subdivisions thereof, or for the support of public schools or other public educational institutions, shall be allocated and paid to the school districts of this state in proportion to the area of such lands in such district in which the lands producing such moneys are or were located.

Source: SL 1971, ch 142, § 1.
S.D. Codified Laws § 13-42-18 — SD Code / Title 13 / Chapter 42 / Section 13-42-18
13-42-18. Interstate Agreement on Qualification of Educational Personnel enacted--Text of agreement
Status: in_force

The Interstate Agreement on Qualification of Educational Personnel is hereby enacted into law and entered into with all states legally joining therein, in the form substantially as follows:

As used in this Agreement and contracts made pursuant to it, unless the context clearly requires otherwise:

1. "Educational personnel" means persons who must meet requirements pursuant to state law as a condition of employment in educational programs.

2. "Designated state official" means the education official of a state selected by that state to negotiate and enter into, on behalf of his state, contracts pursuant to this Agreement.

3. "Accept," or any variant thereof, means to recognize and give effect to one or more determinations of another state relating to the qualifications of educational personnel in lieu of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving state.

4. "State" means a state, territory, or possession of the United States; the District of Columbia; or the Commonwealth of Puerto Rico.

5. "Originating state" means a state (and the subdivision thereof, if any) whose determination that certain educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the terms of a contract made pursuant to Article II.

6. "Receiving state" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article II.

1. The designated state official of a party state may make one or more contracts on behalf of his state with one or more other party states providing for the acceptance of educational personnel. Any such contract for the period of its duration shall be applicable to and binding on the states whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if incorporated in this Agreement. A designated state official may enter into a contract pursuant to this Article only with states in which he finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his own state.

2. Any such contract shall provide for:

(a) Its duration.

(b) The criteria to be applied by an originating state in qualifying educational personnel for acceptance by a receiving state.

(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract without sacrifice of basic educational standards.

(d) Any other necessary matters.

3. No contract made pursuant to this agreement shall be for a term longer than five years but any such contract may be renewed for like or lesser periods.

4. Any contract dealing with acceptance of educational personnel on the basis of their having completed an educational program shall specify the earliest date or dates on which originating state approval of the program or programs involved can have occurred. No contract made pursuant to this Agreement shall require acceptance by a receiving state of any persons qualified because of successful completion of a program prior to January 1, 1954.

5. The certification or other acceptance of a person who has been accepted pursuant to the terms of a contract shall not be revoked or otherwise impaired because the contract has expired or been terminated. However, any certificate or other qualifying document may be revoked or suspended on any ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially granted or approved in the receiving state.

6. A contract committee composed of the designated state officials of the contracting states or their representatives shall keep the contract under continuous review, study means of improving its administration, and report no less frequently than once a year to the heads of the appropriate education agencies of the contracting states.

1. Nothing in this Agreement shall be construed to repeal or otherwise modify any law or regulation of a party state relating to the approval of programs of educational preparation having effect solely on the qualification of educational personnel within that state.

2. To the extent that contracts made pursuant to this Agreement deal with the educational requirements for the proper qualification of educational personnel, acceptance of a program of educational preparation shall be in accordance with such procedures and requirements as may be provided in the applicable contract.

The party states agree that:

1. They will, so far as practicable, prefer the making of multilateral contracts pursuant to Article II of this Agreement.

2. They will facilitate and strengthen cooperation in interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.

The designated state officials of any party state may meet from time to time as a group to evaluate progress under the Agreement, and to formulate recommendations for changes.

Nothing in this Agreement shall be construed to prevent or inhibit other arrangements or practices of any party state or states to facilitate the interchange of educational personnel.

1. This Agreement shall become effective when enacted into law by two states. Thereafter it shall become effective as to any state upon its enactment of this Agreement.

2. Any party state may withdraw from this Agreement by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the Governors of all other party states.

3. No withdrawal shall relieve the withdrawing state of any obligation imposed upon it by a contract to which it is a party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their terms.

This Agreement shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or provision of this Agreement is declared to be contrary to the Constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Agreement shall be held contrary to the Constitution of any state participating therein, the Agreement shall remain in full force and effect as to the state affected as to all severable matters.

Source: SL 1969, ch 63, § 1.
S.D. Codified Laws § 13-51-10 — SD Code / Title 13 / Chapter 51 / Section 13-51-10
Resolution for condemnation of private property--Proceedings
Status: in_force

When the Board of Regents shall deem it necessary to condemn any private property for the purpose of erecting or repairing any building or buildings or extending grounds and premises of any of the educational institutions of the state of which it has control, such board shall, by proper resolution and order, declare such condemnation necessary, stating the purposes and extent thereof, and communicate the same to the attorney general, and thereupon proceedings for such condemnation shall be had, in the name of the state as plaintiff, as provided in chapter 21-35 .

Source: SL 1957, ch 77; SDC Supp 1960, § 15.0741.
S.D. Codified Laws § 13-43-42 — SD Code / Title 13 / Chapter 43 / Section 13-43-42
Election of officers--Adoption of rules
Status: in_force

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

Source: SL 1985, ch 139, § 7.
S.D. Codified Laws § 13-13-73.6 — SD Code / Title 13 / Chapter 13 / Section 13-13-73.6
Average teacher salary--Calculation--Required increase
Status: in_force

The Department of Education shall calculate the average teacher salary for each school district, based on data collected pursuant to §§ 13-3-51 and 13-8-47 .

Beginning with fiscal year 2025 and every fiscal year thereafter, each school district must increase its average teacher compensation, as referenced in § 13-8-47 , so that the cumulative increase in the average teacher compensation since fiscal year 2024 is greater than or equal to the cumulative percentage change in the target teacher salary since fiscal year 2024. A school district complies with this section if the district's average teacher compensation is at least ninety-seven percent of the average teacher compensation otherwise required by this section.

Source: SL 2016, ch 83, § 27; SL 2021, ch 73, § 18; SL 2022, ch 42, § 1; SL 2024, ch 53, § 3.
S.D. Codified Laws § 13-51-1 — SD Code / Title 13 / Chapter 51 / Section 13-51-1
Legislative approval required for erecting, maintaining buildings or leasing facilities
Status: in_force

The Board of Regents of this state is hereby expressly prohibited from erecting any buildings or structures or maintaining and equipping such buildings, or making any lease or lease - purchase payments for any purposes authorized in § 13-51-2 without the approval of the Legislature first obtained.

Source: SL 1939, ch 56, § 1; SDC Supp 1960, § 15.0726; SL 1998, ch 102, § 2.
S.D. Codified Laws § 13-55-71 — SD Code / Title 13 / Chapter 55 / Section 13-55-71
Maintenance of eligibility for critical teaching needs scholarship
Status: in_force

In order to maintain eligibility for the critical teaching needs scholarship program, a student shall:

(1) Maintain a cumulative 2.8 grade point average on a 4.0 scale. The student shall complete consecutive fall and spring terms in order to remain eligible for continuation of the scholarship program from term to term; and

(2) Maintain full-time status, or demonstrate continued satisfactory progress toward degree completion within the scholarship funding period.

If factors beyond the control of a student who has been awarded a critical teaching needs scholarship prevent the student from meeting any of the requirements in subdivisions (1) and (2), the Critical Teaching Needs Scholarship Board may temporarily waive the requirements of those subdivisions. The board may rescind a scholarship award if the student does not maintain eligibility as prescribed in those subdivisions.

Source: SL 2013, ch 91, § 8, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-32-22 — SD Code / Title 13 / Chapter 32 / Section 13-32-22
Multi-occupancy changing rooms, sleeping quarters, and restrooms--Designation required--Reasonable accommodation
Status: in_force

A public school must designate any multi-occupancy changing room, restroom, or sleeping quarters in each facility or space owned or rented by the public school for use exclusively by females or for use exclusively by males.

If any student is unable or unwilling to use a multi-occupancy changing room, restroom, or sleeping quarters, in accordance with the designation set forth in this section, and the student, or the student's parent in the case of a student under the age of eighteen, files a written notice with the administrator of the school, the administrator may grant a request for a reasonable accommodation.

A reasonable accommodation granted under this section must be for a stated period of time and may not:

(1) Exceed the conclusion of the school year; or

(2) Include access to a facility designated for use exclusively by members of the opposite sex.

Source: SL 2025, ch 84, § 2.
S.D. Codified Laws § 13-32-18 — SD Code / Title 13 / Chapter 32 / Section 13-32-18
Incidents involving electronic devices
Status: in_force

Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action taken by a school district for conduct determined to meet the definition of bullying in § 13-32-15 .

Source: SL 2012, ch 96, § 5.
S.D. Codified Laws § 13-58-15 — SD Code / Title 13 / Chapter 58 / Section 13-58-15
Direction of animal disease research activities--Cooperation with Animal Industry Board
Status: in_force

It shall be the duty of the director to direct the activities of the State Animal Disease Research and Diagnostic Laboratory in the conduct of studies, research, and diagnoses with respect to animal diseases, and to work in conjunction and in cooperation with the Animal Industry Board in furtherance of the livestock industry of South Dakota.

Source: SL 1967, ch 282, § 2.
S.D. Codified Laws § 13-27-3.4 — SD Code / Title 13 / Chapter 27 / Section 13-27-3.4
Certified copy of birth certificate to be provided to certain persons at no cost
Status: in_force

Notwithstanding § 34-25-52 , the department of health or the local registrar of vital records shall provide a certified copy of any child's birth certificate at no cost if the person requesting the certificate pursuant to § 13-27-3.1 is eligible to receive temporary assistance for needy families under chapter 28-7 , food stamps under chapter 28-12 , or county poor relief under chapter 28-13 .

Source: SL 1988, ch 142, § 4.
S.D. Codified Laws § 13-33-23.1 — SD Code / Title 13 / Chapter 33 / Section 13-33-23.1
Distance learning--Children of transferred military personnel--Eligibility
Status: in_force

If the parent or guardian of a child is ordered to transfer to a military installation in this state pursuant to a military order, the child is eligible, upon issuance of the order, to be registered and enrolled with a state-approved distance learning provider by the school district in which the parent or guardian will reside.

Source: SL 2021, ch 77, § 1.
S.D. Codified Laws § 13-49-20.11 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.11
Notification and collection as to repayment
Status: in_force

The treasurer may promulgate rules pursuant to chapter 1-26 to establish notification and collection procedures.

Source: SL 1991, ch 157, § 10.
S.D. Codified Laws § 13-32-21 — SD Code / Title 13 / Chapter 32 / Section 13-32-21
Multi-occupancy changing rooms, sleeping quarters, and restrooms--Definitions
Status: in_force

Terms used in §§ 13-32-21 to 13-32-25 , inclusive, mean:

(1) "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room;

(2) "Female," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes eggs for fertilization;

(3) "Male," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes sperm for fertilization;

(4) "Public school," a school under the authority of the board of a school district;

(5) "Reasonable accommodation," access to:

(a) A unisex or family room; or

(b) A single-occupancy changing room or restroom which has been designated for employees of the district, provided the room is not available to the employees while being used by the student; and

(6) "Restroom," a room that includes one or more toilets or urinals;

(7) "Sleeping quarters," a room that contains a bed and in which more than one individual is housed overnight;

(8) "Sex," an individual's biological sex, either male or female; and

(9) "Unisex or family room," a changing room or restroom that:

(a) Is intended for use by a single occupant, a single occupant and the occupant's caregiver, or members of the same family;

(b) Is enclosed by means of floor-to-ceiling walls; and

(c) Is accessible by means of a full door, with a secure lock that prevents entry by another individual while the room is in use.

Source: SL 2025, ch 84, § 1.
S.D. Codified Laws § 13-8-3 — SD Code / Title 13 / Chapter 8 / Section 13-8-3
Petition or school board resolution for election to increase size of district board, establish, or discontinue school board representation areas
Status: in_force

The voters of any school district may increase the number of board members to seven or to nine, or establish or discontinue school board representation areas, by a majority vote of all voters voting at an election called and held as hereinafter provided. If a petition signed by ten percent of the registered voters of any school district, based upon the total number of registered voters at the last preceding general election, is presented to the board requesting that an election be called for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas, the board shall call an election. The school board may, by resolution, call for an election for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas. The question shall be submitted to the voters at an election to be held not less than forty-five nor more than sixty days from the date of the filing of the petition with the business manager. If a petition is filed less than one hundred twenty days prior to the next regular election, the question must be submitted at the regular election. The election must be held upon the same notice and conducted in the same manner as provided by chapter 13-7 . Any increase or decrease in the number of board members must be implemented at the next succeeding regular election.

Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49, § 1; SL 1968, ch 45, § 1; SL 1975, ch 128, § 44; SL 1983, ch 120, § 1; SL 1987, ch 67, § 10; SL 1993, ch 125; SL 2002, ch 82, § 1; SL 2009, ch 73, § 1; SL 2023, ch 55, § 10.
S.D. Codified Laws § 13-19-4 — SD Code / Title 13 / Chapter 19 / Section 13-19-4
Interest rate on notes
Status: in_force

The rate of interest shall be stated on the note authorized by § 13-19-1 and shall be negotiated by the parties.

Source: SL 1955, ch 41, ch 10, § 16; SDC Supp 1960, § 15.2216 (5); SL 1965, ch 48; SL 1980, ch 129; SL 1983, ch 28, § 37.
S.D. Codified Laws § 13-33B-4 — SD Code / Title 13 / Chapter 33B / Section 13-33B-4
Definitions
Status: in_force

Terms used in this chapter, mean:

(1) "ASL," American sign language;

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

(3) "English," spoken English, written English, or English with the use of visual supplements;

(4) "IEP," individualized education program as used in § 13-33B-2 ;

(5) "IFSP," individualized family service plan as used in 20 USC § 1436;

(6) "Language developmental milestones," milestones of development aligned with existing state instruments used to meet the federal requirements for the assessment of children from birth to age five, inclusive.

Source: SL 2018, ch 100, § 1.
S.D. Codified Laws § 13-37-52 — SD Code / Title 13 / Chapter 37 / Section 13-37-52
Department may promulgate rules to define disabilities
Status: in_force

The Department of Education may promulgate rules pursuant to chapter 1-26 to define the various disabilities in this chapter.

Source: SL 1999, ch 90, § 11; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-16-26.4 — SD Code / Title 13 / Chapter 16 / Section 13-16-26.4
Transfer of certain special education funds to carry out activities under Elementary and Secondary Education Act
Status: in_force

Notwithstanding the provisions of § 13-16-26 , as provided by 20 U.S.C. § 1413 as amended through July 1, 2005, in any fiscal year in which a school district is allocated federal IDEA funds greater than the allocation received in the prior fiscal year, the school district may transfer local special education funds in an amount not greater than fifty percent of the annual increase in the federal IDEA allocation to any other fund to carry out activities that could be supported with funds under the Elementary and Secondary Education Act of 1965.

Source: SL 2010, ch 86, § 1, eff. Feb. 8, 2010.
S.D. Codified Laws § 13-27-28 — SD Code / Title 13 / Chapter 27 / Section 13-27-28
Disobedience of circuit court order as contempt
Status: in_force

Any parent, guardian, or person in charge of a child, who refuses or neglects to obey any order of a circuit judge made as provided in this chapter, is, in addition to the penal provisions of § 13-27-11 , guilty of contempt of court.

Source: SDC 1939, § 55.4204; SL 1975, ch 128, § 184; SL 1982, ch 142, § 12.
S.D. Codified Laws § 13-55-27.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-27.1
Reduced tuition--Teachers, vocational instructors, and school counselors--Application--Certification
Status: in_force

To apply for the reduced tuition benefit, a teacher, vocational instructor, or school counselor shall:

(1) Submit an application, developed by the Board of Regents, to the institution at which the individual intends to register for the course; and

(2) Present certification, with the application, from the individual's employer that the individual meets the eligibility requirements of § 13-55-27 .

Source: SL 2024, ch 64, § 5.
S.D. Codified Laws § 13-19-5 — SD Code / Title 13 / Chapter 19 / Section 13-19-5
Signing of notes
Status: in_force

Notes authorized by § 13-19-1 shall be signed by the president and the business manager of the school board.

Source: SL 1955, ch 41, ch 10, § 16; SDC Supp 1960, § 15.2216 (4); SL 1965, ch 48; SL 1975, ch 128, § 119.
S.D. Codified Laws § 13-3-48.1 — SD Code / Title 13 / Chapter 3 / Section 13-3-48.1
Adoption of uniform content standards drafted by multistate consortium
Status: in_force

Prior to July 1, 2016, the Board of Education may not, pursuant to § 13-3-48 , adopt any uniform content standards drafted by a multistate consortium which are intended for adoption in two or more states. However, this section does not apply to content standards whose adoption by the Board of Education was completed and finalized prior to July 1, 2014. However, nothing in this section prohibits the board from adopting standards drafted by South Dakota educators and professionals which reference uniform content standards, provided that the board has conducted at least four public hearings in regard to those standards.

Source: SL 2014, ch 75, § 1.
S.D. Codified Laws § 13-6-84.3 — SD Code / Title 13 / Chapter 6 / Section 13-6-84.3
Submission of question by school board when requested by five percent of votes--Majority vote--Submission to county commissioners upon passage
Status: in_force

Within thirty days of the last date of the public hearing, pursuant to § 13-6-84.2 , five percent of the voters residing within a school district may petition the school board to refer the resolutions to an election. The school district shall submit the question at the next regular election provided in § 13-7-10 . The question shall be deemed to have passed or failed by a simple majority of those voting. Upon passage, the school boards shall submit the resolution to the county commissioners for implementation pursuant to § 13-6-87 .

Source: SL 1979, ch 112, § 4; SL 1995, ch 89; SL 2023, ch 55, § 7.
S.D. Codified Laws § 13-49-20.12 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.12
Report as to award recipients
Status: in_force

The Board of Regents shall annually provide the state treasurer a report indicating the recipients of awards pursuant to §§ 13-49-20.5 , 13-49-20.7 to 13-49-20.13 , inclusive, and copies of any contracts signed pursuant to § 13-49-20.7 .

Source: SL 1991, ch 157, § 11.
S.D. Codified Laws § 13-48-38 — SD Code / Title 13 / Chapter 48 / Section 13-48-38
Continuation of authorization of certain institutions
Status: in_force

Any certificate of authorization issued to a postsecondary institution named in § 13-48-36 remains in effect as long as the postsecondary institution continues to meet the requirements in subdivisions 13-48-37(1) and (2) and has not been ordered to cease operations in the state pursuant to § 13-48-40 .

Source: SL 2012, ch 100, § 5; SL 2018, ch 103, § 2.
S.D. Codified Laws § 13-13-11 — SD Code / Title 13 / Chapter 13 / Section 13-13-11
Purpose and policy of general school aid
Status: in_force

It is the purpose of §§ 13-13-10.1 to 13-13-41 , inclusive, to establish a procedure for the distribution of state funds to local school districts. The following subdivisions are hereby declared to be the policy of this state:

(1) Education is a state and local function;

(2) No one source of taxation should bear an excessive burden of the costs of education;

(3) In order to provide reasonable equality in school tax rates among the various school districts in the state and to provide reasonable equality of educational opportunity for all the children in the state, the state shall assist in giving a basic educational opportunity to each student by contributing state aid to education funds toward the support of the student's educational program;

(4) State aid to education funds should be distributed to school districts in accordance with the formula as provided in §§ 13-13-10.1 to 13-13-41 , inclusive;

(5) A minimum of twenty-five percent of the total general fund expenditures of the school districts of the state for the preceding school fiscal year should be distributed annually to school districts as state aid to education funding; and

(6) No school district should be eligible to receive state aid that does not provide an educational program that meets the requirements and standards as provided in §§ 13-13-10.1 to 13-13-41 , inclusive.

Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (1); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 2; SL 1989, ch 30, § 37; SL 2015, ch 89, § 5; SL 2021, ch 73, § 7.
S.D. Codified Laws § 13-7-19.1 — SD Code / Title 13 / Chapter 7 / Section 13-7-19.1
Tie vote--Recount procedure--Resolution by lot
Status: in_force

If a tie vote exists after the canvass of the original official returns, the school board making the canvass shall certify the vote to the business manager. The business manager shall then notify the candidates that if no request for recount is made in writing to the business manager within five days, the winner shall be determined by drawing of lots. If no recount request is made or a tie vote between candidates is found to exist on the basis of such recount, the business manager shall fix a time and place for the drawing of lots, giving reasonable notice of the time and place to each of the candidates involved in the tie vote. Drawing of lots shall be in the manner directed by the business manager and the certificate of election shall be issued to the candidate winning in the drawing of lots.

Source: SL 1981, ch 130, § 2; SL 1995, ch 44, § 4.
S.D. Codified Laws § 13-6-7 — SD Code / Title 13 / Chapter 6 / Section 13-6-7
Municipality to be all in same district--Exception
Status: in_force

All territory within the corporate limits of any municipality shall be included in the same school district. However, this section does not apply to a municipality created pursuant to chapter 9-3 after July 1, 1991.

Source: SL 1955, ch 41, ch 8, § 5; SL 1959, ch 60, § 1; SDC Supp 1960, § 15.2005 (3); SL 1967, ch 38, § 3; SL 1991, ch 125.
S.D. Codified Laws § 13-33-22 — SD Code / Title 13 / Chapter 33 / Section 13-33-22
Promulgation of rules relating to distance learning certificate
Status: in_force

The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 defining a distance learning provider, and establishing the requirements and criteria that an applying provider must meet in order to be issued a distance learning certificate by the secretary of the Department of Education. The rules shall specify the duration and the method of renewal, the amount of the fee, not to exceed one hundred dollars, for issuing a certificate, the application procedures for a certificate, the requirements for certification, and other procedures necessary for the administration of distance learning certification.

Source: SL 2005, ch 104, § 3, Mar. 7, 2005; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-43-63 — SD Code / Title 13 / Chapter 43 / Section 13-43-63
Negotiation with collective bargaining representative
Status: in_force

A payment authorized in § 13-43-61 is in addition to any amount payable under a negotiated contract. A school district may negotiate a payment authorized in § 13-43-61 with the staff member's designated collective bargaining representative.

Source: SL 2015, ch 99, § 3; SL 2022, ch 45, § 3.
S.D. Codified Laws § 13-13-14 — SD Code / Title 13 / Chapter 13 / Section 13-13-14
Attendance centers for entire term required
Status: in_force

In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated one or more attendance centers during the previous school fiscal year for the entire school term as provided by law.

Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 5; SL 1975, ch 128, § 82; SL 2015, ch 89, § 7.
S.D. Codified Laws § 13-25-6 — SD Code / Title 13 / Chapter 25 / Section 13-25-6
Report of fire inspections--Distribution of copies
Status: in_force

After the completion of such inspection, the person making the same shall reduce the report of his findings to writing, which shall list all violations of fire protection laws discovered by such inspection, and he shall deliver a copy thereof to the school governing body or its representative of the district or other agency operating such school, and the original shall be filed with the Department of Public Safety.

Source: SL 1959, ch 217, § 2; SDC Supp 1960, § 31.04C02(2); SL 1975, ch 128, § 162; SL 2004, ch 17, § 20.
S.D. Codified Laws § 13-63-3 — SD Code / Title 13 / Chapter 63 / Section 13-63-3
Depositories and managers--Bidding by financial institutions--Selection criteria
Status: in_force

The council may implement the program through the use of one or more financial institutions to act as the depositories and managers. Under the program, persons may establish accounts through the program at a depository. The council may solicit proposals from financial institutions to act as the depositories and managers of the program. Financial institutions that submit proposals must describe the financial instruments that will be held in accounts. Any program depositories and managers selected by the council shall be selected from among bidding financial institutions that demonstrate the most advantageous combination, both to potential program participants and this state, of the following factors:

(1) Financial stability and integrity;

(2) The safety of the investment instruments being offered, taking into account any insurance provided with respect to these instruments;

(3) The ability of the financial institution to track estimated costs of higher education as calculated by the council;

(4) The ability of the financial institutions, directly or through a subcontract, to satisfy record - keeping and reporting requirements;

(5) The financial institution's plan for promoting the program and the investment it is willing to make to promote the program;

(6) The fees, if any, proposed to be charged to persons for maintaining accounts;

(7) The minimum initial deposit and minimum contributions that the financial institution will require and the willingness of the financial institution to accept contributions through payroll deduction plans and other deposit plans; and

(8) Any other benefits to this state or its residents included in the proposal, including, if applicable, an account opening fee payable to the council by the account owner and an additional fee from the financial institution for statewide program marketing by the council.

Source: SL 2001, ch 97, § 3; SL 2022, ch 49, § 2.
S.D. Codified Laws § 13-16-9 — SD Code / Title 13 / Chapter 16 / Section 13-16-9
Expenditure of money from capital outlay fund
Status: in_force

Money can be expended from the capital outlay fund only for the purposes defined in § 13-16-6 and for the redemption of outstanding warrants against this fund.

Source: SL 1955, ch 41, ch 10, § 3; SDC Supp 1960, § 15.2203.
S.D. Codified Laws § 13-16-15 — SD Code / Title 13 / Chapter 16 / Section 13-16-15
Designation of depositories for school district--Resolution
Status: in_force

The school board of every school district shall by resolution duly adopted at any annual, regular, or special meeting designate any bank or banks within the state as depositories for the funds or any part or parts of the funds of the district.

Source: SDC 1939, § 15.2524; SL 1955, ch 41, ch 10, § 7; SL 1957, ch 69; SDC Supp 1960, § 15.2207; SL 1975, ch 128, § 105; SL 1992, ch 124.
S.D. Codified Laws § 13-25-2 — SD Code / Title 13 / Chapter 25 / Section 13-25-2
Rules authorized to implement fire safety
Status: in_force

The secretary of public safety may promulgate rules in accordance with chapter 1-26 to protect the health and safety of persons from fire and like emergencies in order to facilitate and implement the purposes of this chapter.

Source: SL 1959, ch 217, § 7; SDC Supp 1960, § 31.04C07; SL 1975, ch 128, § 159; SL 1982, ch 18, § 3; SL 1986, ch 22, § 1; SL 1991, ch 139, § 1; SL 2006, ch 185, § 2.
S.D. Codified Laws § 13-32-6 — SD Code / Title 13 / Chapter 32 / Section 13-32-6
Disturbance of school as misdemeanor
Status: in_force

A person, whether pupil or not, who intentionally disturbs a public or nonpublic school when in session or who intentionally interferes with or interrupts the proper order or management of a public or nonpublic school by acts of violence, boisterous conduct, or threatening language, so as to prevent the teacher or any pupil from performing his duty, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 15.9911; SL 1955, ch 41, ch 17, § 11; SL 1957, ch 74; SL 1975, ch 128, § 211; SL 1982, ch 86, § 144.
S.D. Codified Laws § 13-33A-8 — SD Code / Title 13 / Chapter 33A / Section 13-33A-8
Epinephrine--Limited immunity
Status: in_force

No school district, administrator, school board, school nurse, or designated school personnel that possess or make available epinephrine auto-injectors or nasal spray pursuant to §§ 13-33A-4 to 13-33A-8 , inclusive; authorized health care provider that prescribes epinephrine auto-injectors or nasal spray to a school; or a health care professional that provides training pursuant to § 13-33A-7 may be held liable for any injury or related damage that results from the administration of, self-administration of, or failure to administer an epinephrine auto-injector or nasal spray that may constitute ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an epinephrine auto-injector or nasal spray in accordance with the provisions of §§ 13-33A-4 to 13-33A-8 , inclusive, does not constitute the practice of medicine. The immunity from liability provided under this section is in addition to, not in lieu of, that provided in any other law.

Source: SL 2014, ch 89, § 5; SL 2021, ch 73, § 10; SL 2026, ch 83, § 5.
S.D. Codified Laws § 13-15-27 — SD Code / Title 13 / Chapter 15 / Section 13-15-27
Agreements exempt from §13-15-26
Status: in_force

Any school district that has entered into contractual agreements pursuant to § 13-15-1.3 or 13-15-11 on or before July 1, 1997, is not subject to the provisions of § 13-15-26 .

Source: SL 1998, ch 89, § 3.
S.D. Codified Laws § 13-13-38 — SD Code / Title 13 / Chapter 13 / Section 13-13-38
Determination of eligibility of school districts for state aid--Information required from counties and districts--Delinquency--Forfeited funds
Status: in_force

The Department of Education shall determine on December first, or as soon thereafter as practicable, of each school fiscal year the amount of state aid to education funds to which each school district within the state is eligible. The department shall require from any county or school district officer any information which is necessary in order to apportion state aid to education funds. If complete and accurate information is past due according to the reporting dates specified in § 13-8-47 , the secretary of the Department of Education on August thirtieth shall declare the school district to be fiscally delinquent. The school district, unless granted an extension, shall forfeit from its entitlement one hundred dollars for each day that the data is past due for seven days and two hundred dollars for each day past due thereafter starting with the eighth day. Forfeited funds shall be deposited in the state general fund.

Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246; SL 1961, ch 76; SL 1963, ch 77, § 1; SL 1969, ch 44, § 29; SL 1985, ch 121, § 2; SL 1993, ch 128; SL 1994, ch 113, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 77, § 6; SL 2011, ch 86, § 2; SL 2015, ch 89, § 13.
S.D. Codified Laws § 13-10-13 — SD Code / Title 13 / Chapter 10 / Section 13-10-13
Criminal conviction as factor in hiring decision
Status: in_force

An accredited school may refuse to employ a person, either directly or by contract, who has been convicted of a crime involving moral turpitude as defined in subdivision 22-1-2 (25).

No person may be employed by an accredited school, either directly or by contract, if the person has been convicted of a crime of violence as defined in subdivision 22-1-2 (9), a sex offense as defined in § 22-24B-1 , or trafficking in narcotics.

Nothing in this section prohibits an accredited school from considering any criminal conviction in making a hiring decision.

Source: SL 2000, ch 76, § 2; SL 2026, ch 79, § 3.
S.D. Codified Laws § 13-39-75 — SD Code / Title 13 / Chapter 39 / Section 13-39-75
Sales tax increase--Instructor salaries
Status: in_force

The presidents of the technical colleges, acting pursuant to rules established by the State Board of Technical Education, shall use the money provided pursuant to SL 2016, chapter 65 to increase instructor salaries to competitive levels at each technical college. The amount of money provided each year shall be increased by the index factor as defined in § 13-13-10.1 .

Source: SL 2016, ch 65, § 18, eff. June 1, 2016; SL 2017, ch 76, § 6; SL 2017, ch 81, § 61; SL 2020, ch 61, § 56.
S.D. Codified Laws § 13-27-21 — SD Code / Title 13 / Chapter 27 / Section 13-27-21
Warrant for arrest of parent, guardian, or responsible person--Summons of witnesses
Status: in_force

Upon filing of a complaint, the judge of a circuit court shall issue a warrant of arrest to the sheriff of the county directing him to bring the defendant before the court and to summon witnesses required to ascertain the facts in the case.

Source: SDC 1939, § 15.3206; SL 1955, ch 41, ch 15, § 6; SL 1975, ch 128, § 179; SL 1982, ch 142, § 10.
S.D. Codified Laws § 13-7-18 — SD Code / Title 13 / Chapter 7 / Section 13-7-18
Canvass of election results--Certificates of election--Certification of results
Status: in_force

The pollbooks shall be opened and the election results shall be canvassed by the school board at the next meeting and certificates of election shall be issued by the business manager of the district to each successful candidate and election results shall be certified to the county auditor of each county in which the school district is located.

Source: SDC 1939, § 15.2514; SL 1955, ch 41, ch 9, § 16; SL 1957, ch 64, § 7; SDC Supp 1960, § 15.2316; SL 1975, ch 128, § 43; SL 2003, ch 84, § 4.
S.D. Codified Laws § 13-37-16 — SD Code / Title 13 / Chapter 37 / Section 13-37-16
District tax levy--School district special education fund--Exclusion
Status: in_force

For taxes payable in 2027, and each year thereafter, the school board shall levy no more than one dollar and forty-four and nine-tenths cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determined to be necessary, and the levy must be spread against all of the taxable property of the district. The proceeds derived from the levy constitute a school district special education fund of the district for the payment of costs for the special education of all children in need of special education or special education and related services who reside within the district pursuant to the provisions of §§ 13-37-8.4 to 13-37-8.10 , inclusive.

The levy in this section is based on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. The total amount of taxes that would be generated at the levy pursuant to this section is considered local effort. Money in the special education fund may be expended for the purchase or lease of any assistive technology that is directly related to special education and specified in a student's individualized education plan. This section does not apply to real property improvements.

Source: SDC Supp 1960, § 15.3004 (12) as added by SL 1965, ch 53, § 2; SL 1966, ch 43; SL 1968, ch 51, § 6; SL 1969, ch 58; SL 1975, ch 128, § 239; SL 1976, ch 122, § 3; SL 1989, ch 87, § 15N; SL 1990, ch 195, § 1; SL 1995, ch 101, § 14; SL 1998, ch 96, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2008, ch 78, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2013, ch 79, § 7; SL 2014, ch 91, § 1; SL 2015, ch 95, § 1; SL 2016, ch 93, § 1; SL 2017, ch 76, § 4; SL 2018, ch 92, § 3; SL 2019, ch 85, § 1; SL 2020, ch 59, § 1; SL 2021, ch 73, § 13; SL 2021, ch 78, § 3; SL 2022, ch 41, § 3; SL 2023, ch 30, § 3; SL 2024, ch 59, § 3; SL 2025, ch 47, § 3; SL 2026, ch 44, § 3.
S.D. Codified Laws § 13-16-26.3 — SD Code / Title 13 / Chapter 16 / Section 13-16-26.3
Transfer of moneys between funds in newly consolidated districts--Restrictions--Reversion of funds--Promulgation of rules
Status: in_force

Notwithstanding any other provision of this chapter, if two or more school districts consolidate, for one year after the effective date of the consolidation pursuant to § 13-6-61 , the newly formed school district may transfer any money from its general fund to its capital outlay fund. However, any funds transferred pursuant to this section may only be spent for one-time costs related to the consolidation. Any funds transferred to the capital outlay fund, but not lawfully obligated within one year of the date of the consolidation, shall revert to the school district's general fund. The Department of Education shall promulgate rules pursuant to chapter 1-26 to require the necessary information and establish procedures necessary to implement this section.

Source: SL 2002, ch 86, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 14.
S.D. Codified Laws § 13-1-52 — SD Code / Title 13 / Chapter 1 / Section 13-1-52
False claims concerning academic degree--Violation as misdemeanor--Revocation of license--Evaluation of academic credentials
Status: in_force

No person may knowingly use a false academic degree or falsely claim to have a valid academic degree for the following purposes:

(1) To obtain employment;

(2) To obtain a promotion or higher compensation in employment;

(3) To obtain admission to postsecondary education; or

(4) In connection with any business, trade, profession, or occupation.

A violation of this section is a Class 1 misdemeanor and provides cause for the revocation of any license obtained in connection with the false degree.

For the purposes of this section, a false academic degree is a degree document, a certification of completion of a degree, coursework, or degree credit, including a transcript, that provides evidence or demonstrates completion of a course of instruction or coursework that results in the attainment of an associate degree or higher which is issued by a person or entity that is neither currently accredited by a regional, state, or national accrediting agency recognized by the United States Department of Education pursuant to 20 U.S.C. § 1099b as amended to January 1, 2008, nor has the foreign equivalent of such accreditation or the legal authority from a foreign country to issue degrees usable as educational credentials in the jurisdiction of issue. If a degree is granted in a jurisdiction without an accreditation system, or if a degree is accredited by a foreign entity and that accreditation is brought into question, that degree may be evaluated based on commonly recognized industry standards used to evaluate foreign academic credentials such as a credential evaluation and authentication report issued by: the World Education Services; an entity relied upon by South Dakota licensing boards; or South Dakota public postsecondary institutions.

The provisions of this section do not apply to any documents issued by a religious institution that offers credit or degree solely for the purpose of conferring status or authority within that religion.

Source: SL 2008, ch 71, § 1; SL 2014, ch 74, § 1.
S.D. Codified Laws § 13-58-13 — SD Code / Title 13 / Chapter 58 / Section 13-58-13
Animal disease research and diagnostic laboratory established--Supervision by Board of Regents
Status: in_force

The State Animal Disease Research and Diagnostic Laboratory is hereby established and shall be maintained at South Dakota State University under the supervision and direction of the State Board of Regents.

Source: SL 1967, ch 282, § 1.
S.D. Codified Laws § 13-6-63 — SD Code / Title 13 / Chapter 6 / Section 13-6-63
Election and terms of members of new board--Residence requirements
Status: in_force

The county auditor shall cause the school board members to be elected for terms of office as provided by statute. The residency requirements of school board members shall be as provided in chapter 13-8 .

Source: SL 1955, ch 41, ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1963, ch 69, § 5; SL 1968, ch 41, § 2; SL 1971, ch 103, § 13; SL 1973, ch 85, § 27.
S.D. Codified Laws § 13-33-10 — SD Code / Title 13 / Chapter 33 / Section 13-33-10
Released time for religious instruction
Status: in_force

A child may, on application of his parent or guardian, be excused from school for one hour per week for the purpose of taking and receiving religious instruction conducted by some church or association of churches. The school board shall decide at what hour pupils may be excused. No such instruction may be given in whole or in part at public expense. The school board may allow the student to accumulate up to four hours of excused leave time to be taken consecutively on any one day or two hours to be taken on any two days.

Source: SDC 1939, § 15.3202 (6); SL 1955, ch 41, ch 15, § 2; SDC Supp 1960, § 15.3202 (5); SL 1975, ch 128, § 219; SL 1978, ch 117.
S.D. Codified Laws § 13-54-11 — SD Code / Title 13 / Chapter 54 / Section 13-54-11
County extension board--Establishment--Composition--Appointment--Terms--Officers
Status: in_force

Immediately after a board of county commissioners votes to establish cooperative extension work under the provisions of this chapter, the board shall appoint a county extension board consisting of five or seven members, at least two of whom are farmers. At least one member of the county extension board must be a member of the board of county commissioners, who may also be one of the farmer representatives.

An individual may not be denied membership on the grounds of color, creed, national origin, race, or sex. The membership must be representative of the racial population mix in the county and of the various interest groups served by extension. The members of the county extension board must be appointed for staggered terms of one-to-three years, expiring on the tenth of January. The county extension board shall, at its first meeting after January tenth each year, organize and elect from the members a president, vice president, and secretary - treasurer.

Source: SDC 1939, § 4.0504; SL 1965, ch 2; SDCL, § 38-3-4; SL 1973, ch 252, § 1; SL 1974, ch 253, § 1; SL 2026, ch 87, § 1.
S.D. Codified Laws § 13-7-31 — SD Code / Title 13 / Chapter 7 / Section 13-7-31
Time for providing election information
Status: in_force

The school election information required in § 13-7-30 shall be provided within sixty days of the official canvass.

Source: SL 2018, ch 91, § 2.
S.D. Codified Laws § 13-36-8 — SD Code / Title 13 / Chapter 36 / Section 13-36-8
Participation of certain nonpublic school students in interscholastic activities at other nonpublic schools
Status: in_force

Any seventh or eighth grade student who attends a nonpublic elementary or middle school that is not affiliated with a nonpublic high school may participate in interscholastic activities at a nonpublic high school, at the discretion of the nonpublic school, if the student meets the same scholastic standards required by the South Dakota High School Activities Association for high school participation.

Source: SL 2005, ch 105, § 1.
S.D. Codified Laws § 13-28-45 — SD Code / Title 13 / Chapter 28 / Section 13-28-45
Transportation of transfer student
Status: in_force

The parent or guardian of a student who has been accepted for transfer is responsible for transporting the student to school in the receiving district without reimbursement. A receiving school district may enter the district of residence of students accepted for transfer into that school district to provide transportation to those students. However, the school boards in both the receiving school district and the resident school district shall annually approve the pick-up locations for those students within any incorporated municipality. When approving pick-up locations, the school boards shall base their decisions foremost on student safety. If the school boards cannot reach agreement on the pick-up locations, the locations shall be determined by the secretary of the Department of Education. The provisions of § 13-29-4 do not apply when transporting students enrolled under the provisions of §§ 13-28-40 to 13-28-47 . The receiving district may charge a reasonable fee if the student elects to use the transportation services offered by the receiving district. The provisions of this section regarding the transportation agreements among school districts do not apply to any school district defined as a sparse school district pursuant to § 13-13-78 .

Source: SL 1997, ch 98, § 6; SL 1998, ch 92, § 3; SL 1999, ch 80, § 6; SL 2011, ch 95, § 1.
S.D. Codified Laws § 13-61-9 — SD Code / Title 13 / Chapter 61 / Section 13-61-9
Provision for care of blind or indigent children in other institutions
Status: in_force

The Board of Regents may provide for the care of a child who is either partially or totally blind and whose parent or guardian is indigent or unable to provide proper care, in any institution suitably equipped for the care of such child and until such child has reached the age of six years.

Source: SDC 1939, § 55.4004; SL 1985, ch 33, § 37.
S.D. Codified Laws § 13-51-1.1 — SD Code / Title 13 / Chapter 51 / Section 13-51-1.1
Authority of board to lease site for public higher education programs--Funding
Status: in_force

Notwithstanding any other provisions of law, the Board of Regents may enter into a lease agreement with the Capital University Center Foundation and Advisory Board for the lease of a site in Pierre, South Dakota, to be used for the delivery of public higher education programs. All such academic programs shall be directly provided by the following institutions:

(1) University of South Dakota;

(2) South Dakota State University;

(3) South Dakota School of Mines and Technology;

(4) Northern State University;

(5) Black Hills State University; or

(6) Dakota State University.

No postsecondary degrees may be awarded or conferred except by the above institutions.

The board may use funds annually appropriated by the Legislature from the higher education facilities fund, created in § 13-51-2 , to make payments therefor.

Source: SL 1999, ch 97, § 1; SL 2008, ch 85, § 1; SL 2016, ch 109, § 8, eff. Mar. 21, 2016.
S.D. Codified Laws § 13-13-91 — SD Code / Title 13 / Chapter 13 / Section 13-13-91
Technology and assessment costs and sparse school district benefits deducted from distributions
Status: in_force

The amount of funding to be distributed to the school districts shall be the local need as determined in § 13-13-10.1 less the technology and assessment costs and the sparse school district benefits. The amount for technology and assessment costs and sparse school district benefits shall be retained by the Department of Education to fund technology in schools, statewide assessment testing, and sparse school district payments.

Source: SL 2015, ch 88, § 2.
S.D. Codified Laws § 13-46-3 — SD Code / Title 13 / Chapter 46 / Section 13-46-3
Notice of appeal--Service and filing--Bond to pay costs
Status: in_force

Such appeal shall be taken by serving a notice of appeal upon the school board or special committee or any member thereof, and by filing such notice of appeal in the office of the clerk of the circuit court in the county in which such appeal is taken, together with a bond in the sum of one hundred dollars with two or more sureties to be approved by the clerk of said court, conditioned that appellant will pay all costs therein that may be adjudged against him. Such notice must clearly and concisely state the decision or that part of the decision appealed from.

Source: SL 1955, ch 41, ch 9, § 44; SDC Supp 1960, § 15.2344; SL 1975, ch 128, § 322.
S.D. Codified Laws § 13-65-3 — SD Code / Title 13 / Chapter 65 / Section 13-65-3
Limit on tax credits
Status: in_force

Notwithstanding the provisions of § 13-65-2 , the total amount of tax credits claimed on annual premium tax returns pursuant to this chapter may not exceed five million dollars in fiscal year 2025 and each year thereafter.

Source: SL 2016, ch 102, § 3; SL 2022, ch 50, § 2; SL 2024, ch 67, § 1.
S.D. Codified Laws § 13-62-1 — SD Code / Title 13 / Chapter 62 / Section 13-62-1
South Dakota Services for the Deaf--Location--Purpose
Status: in_force

South Dakota Services for the Deaf is under the control of the Board of Regents and must be maintained and managed to provide assistance and audiology and outreach services to persons entitled to the benefits of a school for the deaf.

Source: SDC 1939, § 55.4101; SL 1953, ch 296, § 1; SL 1975, ch 128, § 371; SL 2023, ch 62, § 10.
S.D. Codified Laws § 13-26-17 — SD Code / Title 13 / Chapter 26 / Section 13-26-17
Nonreferral or rejection of referendum--Decision not subject to further referendum
Status: in_force

If a school board authorizes year - round school pursuant to § 13-26-2 , the school board's decision to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters pursuant to § 13-26-9 . If the decision to schedule the opening day is not referred, or if the referendum is rejected by the qualified voters, the decision shall remain in effect and is not subject to further referendum pursuant to § 13-26-9 for the subsequent consecutive years that the year - round school plan is implemented by the school board.

Source: SL 1994, ch 120, § 1A.
S.D. Codified Laws § 13-39-44 — SD Code / Title 13 / Chapter 39 / Section 13-39-44
Multidistrict, career and technical academy center board
Status: in_force

A center board shall organize and administer a multidistrict, career and technical academy. A center board shall consist of at least five members but not more than a total of one member for each participating district, except that each participating school district with five hundred or more students is allowed one member for each five hundred students or fraction thereof not to exceed three members from any one school district. Center board members shall be members of the school boards of the participating school districts as appointed by their respective school boards.

Source: SL 1973, ch 123, § 9; SL 1982, ch 147, § 40; SL 2009, ch 88, § 5.
S.D. Codified Laws § 13-55-68 — SD Code / Title 13 / Chapter 55 / Section 13-55-68
Critical teaching needs scholarship eligibility criteria
Status: in_force

In order to be eligible for a critical teaching needs scholarship, a student shall:

(1) Agree, in writing, to stay in South Dakota and work in a critical teaching needs area for five years after graduation from a participating postsecondary institution;

(2) Agree, through a promissory note, that failure to abide by the provisions of subdivision (1) will result in the scholarship being converted into an interest-bearing loan;

(3) Attend a participating South Dakota postsecondary institution as an undergraduate enrolled in the student's final two years of postsecondary education and be enrolled in an elementary or secondary education program at the institution that is preparing the student to work in a critical need teaching area; and

(4) Be a United States citizen or lawful permanent resident.

For purposes of subdivision (3), the student shall be fully admitted into a teacher education program at the institution and shall successfully complete a student teaching experience within the final two years of attendance.

A student is eligible to participate in the South Dakota critical teaching needs scholarship program for the equivalent of two academic years (four consecutive spring and fall terms) or until the attainment of a baccalaureate degree in elementary or secondary education in a critical need teaching area, whichever comes first. However, the Critical Teaching Needs Scholarship Board may grant exceptions to the continuous enrollment requirements for good cause.

Scholarships are not provided for summer session students enrolled in traditional four-year programs.

Source: SL 2013, ch 91, § 5, eff. Mar. 20, 2013.
S.D. Codified Laws § 13-42-71 — SD Code / Title 13 / Chapter 42 / Section 13-42-71
Suicide awareness and prevention training--Board approval--Requirements
Status: in_force

Prior to beginning employment at a school district or department-accredited school and every five years thereafter, an individual certified pursuant to this chapter and employed by a school district or department-accredited school must complete an approved youth suicide awareness and prevention training that is at least one hour in duration and shall submit a certificate showing completion of the approved training to the school district or department-accredited school where the individual is employed. The school district or department-accredited school shall retain the certificates submitted as a part of the documentation necessary to earn or maintain state accreditation.

The South Dakota Board of Education Standards shall consult with suicide prevention or counseling experts to identify evidence-based resources that will fulfill the youth suicide awareness and prevention training required by this section and shall make the list of the approved trainings available to school districts and department-accredited schools. An individual may complete a required training through a self-review of youth suicide prevention materials that are approved by the board, provided that the training issues a certificate of completion that contains:

(1) The name of the training completed;

(2) The name of the individual who completed the training;

(3) The length of the training completed; and

(4) The date on which the training was completed.

Source: SL 2016, ch 94, § 1; SL 2017, ch 81, § 57; SL 2024, ch 61, § 1.
S.D. Codified Laws § 13-6-2 — SD Code / Title 13 / Chapter 6 / Section 13-6-2
Legislative policy
Status: in_force

It is the policy of the State Legislature:

(1) That school districts exist for the purpose of operating a school or schools to provide the people of each local community adequate opportunity to avail themselves of a free public elementary and secondary education program. Each school district should operate a school or schools providing for elementary and secondary education programs;

(2) That it is essential for all children and youth in the state to have access to an adequate educational program in a public school and since many existing school districts do not contain sufficient taxable property to provide educational opportunities equal in comparison with the educational opportunities available in many other school districts in the state, the state board is responsible for school district reorganization which will enable each school district to offer an educational program of sufficient scope and quality to adequately expand and develop the interests and abilities of its people; and

(3) That each proposed school district shall meet the requirements and standards for school districts as provided by this chapter and shall contain sufficient human and material resources to support an education program which will meet the current minimum requirements for accreditation as adopted by the South Dakota Board of Education Standards.

Source: SL 1951, ch 81, § 1; SL 1959, ch 61, § 1; SDC Supp 1960, § 15.2007 (1) to (3); SL 1973, ch 85, § 3; SL 2012, ch 88, § 5; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-7-10.1 — SD Code / Title 13 / Chapter 7 / Section 13-7-10.1
Joint school district and municipal elections authorized--Date--Sharing costs and responsibilities
Status: in_force

The board of a school district may, in odd-numbered years, choose to hold a school district election in conjunction with a regular municipal election. The combined election must be approved by the governing body of the municipality. The combined election must be held on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November. The expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the governing body of the municipality and the board of the school district.

Source: SL 1981, ch 66, § 2; SL 1985, ch 119, § 6; SL 2025, ch 40, § 7, eff. Jan. 1, 2026.
S.D. Codified Laws § 13-24-24 — SD Code / Title 13 / Chapter 24 / Section 13-24-24
Litigation regarding display of national motto--Attorney general to provide representation--State to pay expenses
Status: in_force

For any lawsuit brought or any complaint filed against a school district, an employee of a school district, the board of a school district, or a member thereof as a result of a school district displaying the national motto of the United States in accordance with § 13-24-23 , the attorney general shall provide legal representation at no cost to the school district, employee, school board, or member of the school board.

In addition to the expenses of representation, the state shall assume financial responsibility for any other related expense incurred by the school district, an employee, the board, or member thereof, including any award for monetary damages, attorney's fees, and costs for which the school district, an employee, the board, or a member thereof would be otherwise responsible.

Source: SL 2019, ch 82, § 2.
S.D. Codified Laws § 13-60-7 — SD Code / Title 13 / Chapter 60 / Section 13-60-7
Collection and accounting for fees for assays and tests made at school--Deposit
Status: in_force

The dean of such school may charge and collect such reasonable fees for any assays, analyses, or mill tests made at the South Dakota School of Mines and Technology as the board may prescribe, an account of which shall be kept by the campus business manager for deposit to the state treasury.

Source: SDC 1939, § 15.1403; SL 1985, ch 33, § 36.
S.D. Codified Laws § 13-49-27.1 — SD Code / Title 13 / Chapter 49 / Section 13-49-27.1
Nonaccredited institutions prohibited from offering postsecondary education credit or degree--Misdemeanor and civil penalty--Exception
Status: in_force

No person or governmental entity may offer postsecondary education credit or degree in South Dakota, or while organized under the laws of South Dakota, unless currently holding accreditation from an accrediting agency recognized by the United States Department of Education pursuant to 20 U.S.C. § 1099b as amended to January 1, 2009, as a regional or national institutional accrediting agency, or participating in any federal financial assistance program authorized by Title IV of the Higher Education Act of 1965 as amended to January 1, 2009, or unless the person or governmental entity is, for a period of no more than five years, actively seeking accreditation from a recognized accrediting agency while operating in South Dakota under an affiliation agreement with an institution accredited by an agency recognized by the United States Department of Education as a regional or national institutional accrediting agency or an institution that participates in federal financial assistance programs if, under the terms of the articulation agreement, the institution holding regional or national institutional accreditation or participating in federal financial aid programs is responsible for awarding credits and degrees, maintaining transcripts, and, in appropriate circumstances, administering federal financial aid programs. A violation of this section is a Class 1 misdemeanor and subjects the violator to a civil penalty of twenty-five thousand dollars.

The provisions of this section do not apply to a religious institution that offers credit or degree solely for the purpose of conferring status or authority within that religion.

Source: SL 2001, ch 91, § 1; SL 2009, ch 89, § 1.
S.D. Codified Laws § 13-47-15.1 — SD Code / Title 13 / Chapter 47 / Section 13-47-15.1
INFOTEXT system
Status: in_force

It is in the best interest of the people of South Dakota to allow the Board of Educational Telecommunications to provide for necessary equipment, personnel, and services to provide an INFOTEXT system for public television.

Source: SL 1984, ch 127; SL 1990, ch 446 (E.O. 90-1), § 17.
S.D. Codified Laws § 13-3-1.4 — SD Code / Title 13 / Chapter 3 / Section 13-3-1.4
General supervision of accredited elementary and secondary schools
Status: in_force

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

Source: SDC 1939, § 15.0902; SL 1955, ch 41, ch 2, §§ 1, 5; SL 1957, ch 52, § 1; SDC Supp 1960, §§ 15.0901, 15.0905 (16); SDCL §§ 13-1-25 , 13-1-40 ; SL 1975, ch 128, § 9; SL 1996, ch 8, § 27; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 53.
S.D. Codified Laws § 13-49-7 — SD Code / Title 13 / Chapter 49 / Section 13-49-7
Meetings of board--Vote required for action--Minutes--Open to public
Status: in_force

Meetings may be held on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given.

The affirmative vote of a majority of the members of the Board of Regents is required to take official action. The Board of Regents shall record the minutes of any meeting open to the public. All meetings of the Board of Regents shall be open to the public unless personnel matters and privileged matters between the board and its attorney are being discussed. If such meetings are held, the board shall limit the topics discussed or acted upon to such matters only.

Source: SDC 1939, § 15.0704; SL 1973, ch 104; SL 1980, ch 139; SL 2007, ch 109, § 8.
S.D. Codified Laws § 13-49-31 — SD Code / Title 13 / Chapter 49 / Section 13-49-31
"Records" defined for purposes of public access
Status: in_force

For purposes of public access to records of the Board of Regents and institutions under its control, except such records as are deemed confidential, secret, or privileged under law, the term, records, means:

(1) Records, documents, and instruments that are required to be kept or preserved under law;

(2) Any rules adopted pursuant to the provisions of chapter 1-26 , together with all materials, statements, and memoranda received by the board at hearings on such proposed rules;

(3) Any documents and materials received and written decisions or rulings issued by the board in the course of contested case proceedings that, pursuant to § 1-26-21 , constitute the record of a contested case;

(4) Agenda, together with attached materials, and minutes of official meetings of the board, except for items properly considered in executive session;

(5) Official statements of board or institutional policy as compiled in policy manuals, handbooks, catalogues or comparable documents adopted by the board or the regental institutions for the internal management of the board or regental institutions;

(6) Collective bargaining agreements; joint powers agreements; articulation agreements; memoranda of understanding and comparable documents; approved contracts for the erection of buildings, the purchase of lands, materials and supplies, or service other than individual employment contract. However, if a contract provides for confidentiality to protect intellectual property that is not yet in the public domain, those portions of the contract that disclose the subject matter or the terms relating to the control or disposition of intellectual properties covered by the contract, are not public records; and

(7) Intellectual property that is in the public domain.

Source: SL 1995, ch 104.
S.D. Codified Laws § 13-60-1 — SD Code / Title 13 / Chapter 60 / Section 13-60-1
Name and location of school--Control by Board of Regents--Programs of instruction
Status: in_force

The South Dakota School of Mines and Technology, formerly the State School of Mines, located at Rapid City, in Pennington County, shall be under the control of the Board of Regents and shall provide undergraduate and graduate programs of instruction in engineering and the natural sciences and other courses or programs as the Board of Regents may determine.

Source: SDC 1939, § 15.1401; SL 1943, ch 68, §§ 1, 2; SDC Supp 1960, § 15.1401-1; SDCL, § 13-60-2 ; SL 1975, ch 128, § 363.
S.D. Codified Laws § 13-7-19.3 — SD Code / Title 13 / Chapter 7 / Section 13-7-19.3
Close margin in school election--Petition for recount--Appointment of recount board--Production of ballot boxes--Disputes
Status: in_force

A recount shall be conducted if, within five days after completion of the official canvass of a school district regular or special election at which a question is approved or disapproved by a margin not exceeding two percent of the total votes cast in the election, any three registered voters of the school district file a petition duly verified by such voters, setting forth that they believe a recount will change the outcome. A recount board shall be appointed by the business manager who shall appoint one person on each side of the question and one person who shall be mutually agreed upon by the other two appointed. The person having custody of the ballot boxes containing the ballots to be recounted shall produce the ballot boxes before the recount board. Any question arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed as expeditiously as reasonably possible until completed.

Source: SL 1982, ch 134, § 2; SL 2002, ch 77, § 6.
S.D. Codified Laws § 13-55-9 — SD Code / Title 13 / Chapter 55 / Section 13-55-9
Certificate of eligibility of veteran's orphan--Action of board final
Status: in_force

If the Board of Regents determines that any person applying under § 13-55-8 is entitled to free tuition in any state educational institution under the control and management of the Board of Regents, the board shall issue its certificate in duplicate that the person is entitled to free tuition in such an educational institution. One of the duplicate certificates shall be delivered to the educational institution with which the person desires to matriculate and the other duplicate certificate shall be delivered to the person applying for the benefits of § 13-55-6 . The action of the Board of Regents is final.

Source: SL 1947, ch 186, §§ 3, 5; SDC Supp 1960, § 15.07 17-2 ; SL 2007, ch 187, § 232.
S.D. Codified Laws § 13-53-23.1 — SD Code / Title 13 / Chapter 53 / Section 13-53-23.1
Residence defined
Status: in_force

For the purpose of §§ 13-53-23 to 13-53-41 , inclusive, residence, means the place where a person has a permanent home, at which the person remains when not called elsewhere for labor, studies, or other special or temporary purposes, and to which the person returns at times of repose. It is the place a person has voluntarily fixed as the person's permanent habitation with an intent to remain in such place for an indefinite period. A person, at any one time, has but one residence and a residence in not lost until another is gained.

Source: SL 1996, ch 130, § 1.
S.D. Codified Laws § 13-63-2 — SD Code / Title 13 / Chapter 63 / Section 13-63-2
Powers of South Dakota Investment Council
Status: in_force

The council shall:

(1) Establish the program in the form of a trust to be declared by the council or in such other form as the council may determine;

(2) Develop and implement the program in a manner consistent with this chapter through the adoption of rules, guidelines, and procedures;

(3) Retain professional services, if necessary, including accountants, auditors, consultants, and other experts;

(4) Seek rulings and other guidance from the United States Department of the Treasury and the Internal Revenue Service relating to the program;

(5) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code and related regulations;

(6) Interpret, in rules, policies, guidelines, and procedures, the provisions of this chapter broadly in light of its purpose and objectives;

(7) Charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program;

(8) Select any financial institution or institutions to act as a depository and manager of the program in accordance with this chapter.

Source: SL 2001, ch 97, § 2.
S.D. Codified Laws § 13-7-8 — SD Code / Title 13 / Chapter 7 / Section 13-7-8
Publication of notice of election--Contents--Facsimile of ballot
Status: in_force

The business manager of the school district shall publish in the official newspaper notices of an election once each week for two consecutive weeks with the first publication not less than ten days before the election. The notice shall state the date of the coming school election, the vacancies to be filled with terms of each, the candidates who have filed for these vacancies, questions, if any, to be submitted at the election, and the location of polling places. A facsimile of the official ballot shall be published in the calendar week prior to each election.

Source: SDC 1939, § 15.2511; SL 1955, ch 41, ch 9, § 13; SL 1957, ch 64, § 5; SDC Supp 1960, § 15.2313; SL 1975, ch 128, § 35; SL 1979, ch 113, § 4; SL 1985, ch 119, § 4; SL 2003, ch 43, § 3.
S.D. Codified Laws § 13-47-16 — SD Code / Title 13 / Chapter 47 / Section 13-47-16
Standard broadcast and closed circuit programs
Status: in_force

The board shall have the power and duty to arrange for and provide standard broadcast and closed circuit noncommercial educational telecommunications programs to South Dakota citizens and institutions.

Source: SL 1965, ch 67, § 5 (9).
S.D. Codified Laws § 13-7-4 — SD Code / Title 13 / Chapter 7 / Section 13-7-4
Registration of voters--Notice of registration
Status: in_force

Registration to vote and notice of registration in school district elections shall be as provided in chapter 12-4 .

Source: SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1961, ch 92, § 24; SL 1975, ch 119, § 18; SL 1975, ch 128, § 31.
S.D. Codified Laws § 13-6-45 — SD Code / Title 13 / Chapter 6 / Section 13-6-45
Certification and canvass of votes--Results transmitted to secretary
Status: in_force

At the next regular meeting of the school board, following the date of the election, the votes cast at each polling place shall be certified and the total number of votes cast for and against the proposed school district reorganization plan shall be determined and the results of the election transmitted to the secretary of the Department of Education.

Source: SL 1955, ch 41, ch 8, § 18; SL 1957, ch 62, § 1; SDC Supp 1960, § 15.2015; SL 1961, ch 72; SL 1963, ch 69, § 4; SL 1963, ch 71; SL 1971, ch 103, § 5; SL 1973, ch 85, § 19; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-42-3.2 — SD Code / Title 13 / Chapter 42 / Section 13-42-3.2
Educator permit--Emergency CTE instructor--Promulgation of rules
Status: in_force

The secretary may issue a one-year career and technical education (CTE) instructor educator permit to an applicant who submits documentation showing that the applicant holds a minimum of a high school diploma or its equivalent and:

(1) An associate of applied science degree or higher; or

(2) At least two thousand hours of work experience in a related CTE field; or

(3) A national or state certification in a related CTE field.

An individual who holds an active one-year CTE instructor educator permit is considered certified pursuant to this chapter.

The applicant must submit documentation from a public or department-accredited school showing that the school is unable to hire a certified educator to fill the vacancy and listing the position to be held by the applicant and the name of the certified teacher who will act as a mentor to the applicant. The applicant must submit the required documentation on forms approved by the secretary.

The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26 , establishing the process by which an applicant may apply for the one-year CTE instructor educator permit, the CTE career pathway endorsements that the applicant for the one-year CTE instructor educator permit is eligible to add to the permit, and what continuing education an individual must complete to renew the one-year CTE instructor educator permit. The educator permit may not be renewed for more than one year at a time.

Source: SL 2024, ch 60, § 1.
S.D. Codified Laws § 13-6-84.2 — SD Code / Title 13 / Chapter 6 / Section 13-6-84.2
Procedure for land exchange
Status: in_force

Nothing in §§ 13-6-84 to 13-6-84.2, inclusive, and 13-6-85.4 compels the board of a school district to act if the board is unwilling to exchange any land within its boundary. The exchange of land between school districts may only be made if each board is willing to exchange the land.

If a board is willing to detach, annex, or exchange land, the board shall adopt a resolution of intent to exchange land with the other school district. The resolution of intent shall contain the following:

(1) The name of each school district involved and a legal description of the land in each school district proposed to be exchanged through the detachment and annexation of land by each school district;

(2) A map of the area proposed to be detached and annexed by each school district;

(3) A statement certified by the county auditor setting forth the amount of the assessed valuation of the area to be detached and annexed, the total assessed valuation of the school district from which the area is proposed to be detached and the school district to which the area is proposed to be annexed, and the amount of any bonded indebtedness or judgments against each school district; and

(4) A statement that the board will request an appraisal to be completed by a certified appraiser to show the fair market value of the land proposed to be detached and annexed by each of the involved school districts. Each board shall approve the certified appraiser completing the appraisal and shall pay one-half of the cost of the appraisal. If a school district does not agree with an appraisal, the board may, within thirty days of the receipt of the appraisal and at its own expense, order another appraisal from a different certified appraiser.

The board of each involved school district shall, within five days of the passage of the resolution of intent, forward a copy of the resolution to the other school district and to the Department of Education. The board of each involved school district shall acknowledge receipt of the resolution of intent at its next school board meeting, and representatives from both of the involved school districts shall meet and mutually agree on a certified appraiser to complete the appraisal.

A board may object to the appraisal within forty-five days of acknowledging the receipt of the appraisal. Unless a board objects, the board of each involved school district shall, within sixty days of acknowledging the receipt of the appraisal, schedule a public hearing to consider the proposed land exchange.

Notwithstanding subdivision (4) of this section, the requirement that an appraisal be completed as a condition of the proposed land exchange may be waived upon the adoption of a resolution by both boards. No later than sixty days after the adoption, the board of each involved district shall schedule a public hearing to consider the proposed land exchange.

Following the public hearing, the board of each involved school district shall either approve or reject the land exchange. Notwithstanding any other provision in law, a decision by a board to reject the land exchange does not create any cause of legal action against the district or board, or constitute grounds for an appeal pursuant to § 13-46-1 . If the action of each of the involved school districts approves a land exchange and no petition for an election is filed pursuant to § 13-6-84.3 , the resolutions approving the land exchange shall be forwarded to the county commissioners having jurisdiction over the involved school districts. The county commissioners shall act pursuant to § 13-6-87 .

Source: SL 1979, ch 112, § 3; SL 2016, ch 82, § 4; SL 2020, ch 68, § 1.
S.D. Codified Laws § 13-55-9.4 — SD Code / Title 13 / Chapter 55 / Section 13-55-9.4
Application to board for benefits--Determination of eligibility--Promulgation of rules
Status: in_force

Any person applying for the benefits provided by § 13-55-9.2 shall submit an application to the Board of Regents or the South Dakota Board of Technical Education. The respective board receiving the application shall determine whether the person applying is entitled to the benefits provided by § 13-55-9.2 at an institution under the board's respective jurisdiction or control. Each board may promulgate rules, pursuant to chapter 1-26 , to establish the application process and the process to determine an applicant's eligibility for the benefits.

Source: SL 1973, ch 108, § 5; SL 2017, ch 81, § 57; SL 2018, ch 9, § 3.
S.D. Codified Laws § 13-6-78 — SD Code / Title 13 / Chapter 6 / Section 13-6-78
Transfer of assets and liabilities on reorganization--Copy of directive to secretary
Status: in_force

All liabilities and assets shall be transferred according to directives prepared by the board of county commissioners. A copy of such directives shall be mailed to the secretary of the Department of Education and all other parties enumerated in § 13-6-48 .

Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1971, ch 103, § 14; SL 1973, ch 85, § 31; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-36-10 — SD Code / Title 13 / Chapter 36 / Section 13-36-10
Coaches to complete training program
Status: in_force

The South Dakota High School Activities Association and the South Dakota Department of Education shall develop a training program consistent with § 13-36-9 . Each coach participating in athletic activities sanctioned by the South Dakota High School Activities Association shall complete the training program each academic year.

Source: SL 2011, ch 97, § 2.
S.D. Codified Laws § 13-39A-41 — SD Code / Title 13 / Chapter 39A / Section 13-39A-41
Administrative rules not affected
Status: in_force

Nothing in this chapter or chapter 13-39 may be construed as withdrawing statutory authority for any administrative rule of the South Dakota Board of Education Standards in effect on June 30, 2017, governing the operation of the technical colleges.

Source: SL 2017, ch 81, § 54; SL 2020, ch 61, § 26.
S.D. Codified Laws § 13-20-7 — SD Code / Title 13 / Chapter 20 / Section 13-20-7
Deposit and performance bond by supply and equipment bidders--Rejection of bids
Status: in_force

If supplies or equipment are to be purchased, a school board advertising pursuant to § 13-20-3 may require a reasonable deposit guaranteeing the execution of contract and the furnishing of a performance bond by the successful bidder in accordance with chapters 5-18A and 5-21 . The board may accept an annual bond if the bid meets the requirements of chapters 5-18A and 5-21 . The board may reject any and all bids.

Source: SDC 1939, § 15.2106; SL 1955, ch 41, ch 11, § 9; SL 1959, ch 68, § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39; SL 1979, ch 36, § 4; SL 2011, ch 2, § 127.
S.D. Codified Laws § 13-43-16 — SD Code / Title 13 / Chapter 43 / Section 13-43-16
Declaration of teaching as profession--Persons included
Status: in_force

The Legislature of the State of South Dakota declares teaching to be a profession. It is declared to be in the interest of the state that the profession be recognized and that the profession accept its responsibilities in the development and promotion of standards of ethics, conduct, performance, preparation, and practices. For the purpose of §§ 13-43-16 to 13-43-28.1 , inclusive, the teaching profession includes each person certificated by the secretary as a teacher, administrator, and other educational professional, as defined by § 13-42-1 , employed by a public school or other accredited school.

Source: SL 1969, ch 62, § 1; SL 1970, ch 104, § 1; SL 1979, ch 123, § 1; SL 1985, ch 139, § 1; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 98, § 19.
S.D. Codified Laws § 13-39A-22 — SD Code / Title 13 / Chapter 39A / Section 13-39A-22
Distribution of funds to technical colleges
Status: in_force

The department shall distribute funds to the technical colleges under the provisions of § 13-39A-21 from money appropriated to the department for that purpose, and from federal funds allotted to the State of South Dakota for that purpose.

Source: SL 2017, ch 81, § 22; SL 2020, ch 61, § 14.
S.D. Codified Laws § 13-37-62 — SD Code / Title 13 / Chapter 37 / Section 13-37-62
Services for child of active-duty member of armed forces
Status: in_force

Within thirty calendar days after the date on which the student is enrolled in a school district, the district must implement a new or revised plan under section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (January 1, 2025), a new or revised individualized family service plan under 20 U.S.C. § 1436 (January 1, 2025), or a new or revised individualized education program under 20 U.S.C. § 1401 (January 1, 2025) if:

(1) The student is the child of an active-duty member of the United States armed forces, as defined in § 13-55-7 , and the member is the subject of a military transfer to this state;

(2) The student currently has a section 504 plan, individualized family service plan, or an individualized education program implemented by the district in which the student was previously enrolled; and

(3) The appropriate school district staff member does not implement the current section 504 plan, individualized family service plan, or individualized education program.

At the time the student is enrolled in the school district, the inbound active-duty member of the United States armed forces shall indicate that the student is the child of an active-duty member of the United States armed forces who is the subject of a military transfer to this state. The school district shall accept unofficial records provided by the student's parent or guardian pending validation by the official records, pursuant to § 13-53E-1 (IV)(A). When the student is enrolled and receives conditional placement, the school district shall take reasonable steps to request the student's official education record from the district in which the student was previously enrolled, pursuant to § 13-53E-1 (IV)(B).

The student's parent or guardian and the school district may, by mutual agreement, extend the deadline for implementation of a new or revised program.

Source: SL 2025, ch 85, § 1.
S.D. Codified Laws § 13-20-4 — SD Code / Title 13 / Chapter 20 / Section 13-20-4
Emergency maintenance needs corrected in accordance with public agency procurement law
Status: in_force

If an emergency maintenance need arises caused by wind, hail, fire, theft, explosion, deterioration resulting in sudden destruction to a vital piece of school equipment, or a traffic accident which would necessitate the closing of school while the school would otherwise be in session, or which would endanger the usefulness of remaining school property, the school board may take immediate action to correct such emergency maintenance need in accordance with the procedures provided in chapter 5-18A . An emergency maintenance need does not include the replacement of an entire school building.

Source: SL 1955, ch 41, ch 11, § 9; SL 1959, ch 68, § 1; SDC Supp 1960, § 15.2109; SL 1964, ch 39; SL 1975, ch 128, § 132; SL 2011, ch 2, § 125.
S.D. Codified Laws § 13-14-5 — SD Code / Title 13 / Chapter 14 / Section 13-14-5
Acceptance of gifts and donations to school districts--Agreements, rules, and regulations
Status: in_force

Every school district in this state is hereby empowered to accept, own, manage, and dispose of any grant, gift, devise, or bequest of money, or real or personal property; and the school board of such school district shall have power to enter into such agreement for the receipt thereof upon such terms as shall be to the best interest of all parties and to make such rules and regulations as it may deem best for the ownership, management, and control of such property.

Source: SDC 1939, § 15.2028; SL 1955, ch 41, ch 10, § 33; SDC Supp 1960, § 15.2233.
S.D. Codified Laws § 13-49-12 — SD Code / Title 13 / Chapter 49 / Section 13-49-12
Administration of oaths and examination of witnesses
Status: in_force

Any regent may administer oaths and examine witnesses if necessary in the performance of the duties of the board.

Source: SDC 1939, § 15.0707; SL 2007, ch 109, § 11.
S.D. Codified Laws § 13-7-14 — SD Code / Title 13 / Chapter 7 / Section 13-7-14
Absentee voting in school elections
Status: in_force

Absentee voting shall be permitted in school district elections, including school district bond elections and shall be conducted pursuant to chapter 12-19 . The school board, with the approval of the county auditor and board of county commissioners, may permit absentee ballots to be voted at the county auditor's office in the county of jurisdiction.

Source: SL 1955, ch 41, ch 9, § 15; SL 1957, ch 65; SDC Supp 1960, § 15.2315; SL 1975, ch 128, § 41; SL 1995, ch 92, § 1; SL 2012, ch 85, § 2.
S.D. Codified Laws § 13-53-17 — SD Code / Title 13 / Chapter 53 / Section 13-53-17
Expenditure of federal funds limited to amounts received during year--Approval of budget excesses
Status: in_force

The expenditure of moneys for programs or activities financed from any moneys or grants received from the United States shall be limited to the amounts of receipts received for such purposes during a fiscal year and any amounts received during a fiscal year in excess of federal moneys anticipated and included as receipts in the budget of the Governor are hereby appropriated and shall be authorized for expenditure upon specific approval by the commissioner of finance and management and the Board of Regents.

Source: SDC 1939, § 15.0723 as added by SL 1965, ch 36, § 2.
S.D. Codified Laws § 13-14-3.3 — SD Code / Title 13 / Chapter 14 / Section 13-14-3.3
Oil well and mine revenue treated as permanent school fund income
Status: in_force

Notwithstanding the provisions of § 13-14-3.2 , revenue received from producing oil wells or operating mines shall be assigned by the state treasurer to the common school interest and income fund and shall be apportioned and distributed in the same manner as permanent school fund income is apportioned and distributed under chapter 13-13 .

Source: SL 1971, ch 142, § 3.
S.D. Codified Laws § 13-33A-10 — SD Code / Title 13 / Chapter 33A / Section 13-33A-10
Training on administration of opioid antagonists
Status: in_force

Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include:

(1) Symptoms of an opiate overdose;

(2) Protocols and procedures for administering an opioid antagonist;

(3) Symptoms of adverse responses to an opioid antagonist;

(4) Protocols and procedures for stabilizing the patient if an adverse response occurs; and

(5) Procedures for transporting, storing, and securing an opioid antagonist.

Source: SL 2019, ch 84, § 2, eff. Mar. 11, 2019.
S.D. Codified Laws § 13-13-10.10 — SD Code / Title 13 / Chapter 13 / Section 13-13-10.10
Industrial, economic development, and affordable housing purposes defined for purposes of §13-13-10.9
Status: in_force

For the purposes of § 13-13-10.9 , the terms, industrial, and, economic development, include only those areas where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the real property contained within the tax increment financing district.

For the purposes of § 13-13-10.9 , affordable housing is only those tax increment financing districts where:

(1) The original selling price of any house in the district will be at or below the first-time homebuyer purchase price limit being used by the South Dakota Housing Development Authority as of the date the house is sold; or

(2) The monthly rental rate of all multifamily housing units in the district will be at or below the calculated rent for the state's eighty percent area median income, being used by the South Dakota Housing Development Authority, as of the date the district is created, for a minimum of five years following the date of first occupancy.

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

Source: SL 2018, ch 70, § 4.
S.D. Codified Laws § 13-32-1 — SD Code / Title 13 / Chapter 32 / Section 13-32-1
Disciplinary authority over students on school premises
Status: in_force

Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school sponsored activities whether on or off school premises. Superintendents and principals may also discipline students for aggressive or violent behavior that disrupts school or that affects a health or safety factor of the school or its programs.

Source: SL 1955, ch 41, ch 12, § 20; SL 1959, ch 79; SDC Supp 1960, § 15.3020; SL 1996, ch 121.
S.D. Codified Laws § 13-28-52 — SD Code / Title 13 / Chapter 28 / Section 13-28-52
Promulgation of rules regarding services and tuition for children residing in residential treatment centers and intensive residential treatment centers
Status: in_force

The South Dakota Board of Education Standards may promulgate rules, pursuant to chapter 1-26 , regarding services provided and tuition paid for children residing in residential treatment centers or intensive residential treatment centers, as provided in §§ 13-28-11 and 13-13-87 , including:

(1) The scope, duration, and requirements of enrollment for purposes of qualifying for and calculating rates and payments;

(2) The amount, scope, and duration of services;

(3) The basis for, extent of, and timing of payments;

(4) The method and amount of payment;

(5) The methods of recoupment or recovery of overpayments;

(6) Reporting requirements;

(7) Designation of additional state operated schools referenced in § 13-28-11 ; and

(8) Other standards and requirements as may be necessary to ensure the efficient operation and administration of the program.

Source: SL 2017, ch 79, § 3; SL 2022, ch 43, § 4.
S.D. Codified Laws § 13-55A-12 — SD Code / Title 13 / Chapter 55A / Section 13-55A-12
Need-based matching program
Status: in_force

The Board of Regents is further authorized to establish a South Dakota need-based matching program. Any postsecondary institution eligible to participate in the program established under § 13-55A-1 may apply to the executive director once it has accumulated funding equal to three times the total need-based award. When an award is made, the board may distribute such monies at the rate of one dollar of the sum appropriated in this chapter for every three dollars of private funding held and allocated to need-based financial aid by the participating institution. The Board of Regents may accept gifts, grants, and contributions, public or private, that will facilitate the education of South Dakota students pursuant to this chapter.

Source: SL 1974, ch 141, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 104, § 8; SL 2013, ch 92, § 8, eff. Mar. 12, 2013.
S.D. Codified Laws § 13-37-35.1 — SD Code / Title 13 / Chapter 37 / Section 13-37-35.1
Definitions
Status: in_force

Terms used in chapter 13-37 mean:

(1) "Level one disability," a mild disability;

(2) "Level two disability," cognitive disability or emotional disorder;

(3) "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury;

(4) "Level four disability," autism;

(5) "Level five disability," multiple disabilities;

(5A) "Level six disability," prolonged assistance;

(6) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, or three percent, whichever is less;

(7) "Local effort," an amount calculated for taxes payable in 2027 and thereafter using a special education levy of one dollar and twenty-four and nine-tenths cents per one thousand dollars of valuation;

(8) "Allocation for a student with a level one disability," for the school fiscal year beginning July 1, 2026, is $7,984.00. For each school year thereafter, the allocation for a student with a level one disability must be the previous fiscal year's allocation for the child increased by the index factor;

(9) "Allocation for a student with a level two disability," for the school fiscal year beginning July 1, 2026, is $16,180.00. For each school year thereafter, the allocation for a student with a level two disability must be the previous fiscal year's allocation for the child increased by the index factor;

(10) "Allocation for a student with a level three disability," for the school fiscal year beginning July 1, 2026, is $21,340.00. For each school year thereafter, the allocation for a student with a level three disability must be the previous fiscal year's allocation for the child increased by the index factor;

(11) "Allocation for a student with a level four disability," for the school fiscal year beginning July 1, 2026, is $18,281.00. For each school year thereafter, the allocation for a student with a level four disability must be the previous fiscal year's allocation for the child increased by the index factor;

(12) "Allocation for a student with a level five disability," for the school fiscal year beginning July 1, 2026, is $38,590.00. For each school year thereafter, the allocation for a student with a level five disability must be the previous fiscal year's allocation for the child increased by the index factor;

(12A) "Allocation for a student with a level six disability," for the school fiscal year beginning July 1, 2026, is $12,378.00. For each school year thereafter, the allocation for a student with a level six disability must be the previous fiscal year's allocation for the child increased by the index factor;

(13) "Child count," the number of students in need of special education or special education and related services, according to criteria set forth in rules promulgated pursuant to §§ 13-37-1.1 and 13-37-46 , and submitted to the Department of Education;

(14) "Fall enrollment," the number of kindergarten-through-twelfth-grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year, less the number of students for whom the district receives tuition, except any nonresident student who is in the care and custody of a state agency and is attending a public school and any student for whom tuition is being paid pursuant to § 13-28-42.1 , plus the number of students for whom the district pays tuition;

(15) "Nonpublic school," a sectarian organization or entity accredited by the secretary of education for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

(16) "Nonpublic fall enrollment," the number of children under age eighteen, who are approved for alternative instruction pursuant to § 13-27-3 on the last Friday of September of the previous school year plus:

(a) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of six hundred or more on the last Friday of September of the previous school year, the number of kindergarten-through-twelfth-grade students enrolled on the last Friday of September of the previous regular school year in all nonpublic schools located within the boundaries of the public school district;

(b) For nonpublic schools located within the boundaries of a public school district with a fall enrollment of less than six hundred on the last Friday of September of the previous school year, the number of resident kindergarten-through-twelfth-grade students enrolled on the last Friday of September of the previous school year in all nonpublic schools located within this state;

(17) "Special education fall enrollment," fall enrollment plus nonpublic fall enrollment;

(18) "Local need," an amount to be determined as follows:

(a) Multiply the special education fall enrollment by 0.1084 and multiply the result by the allocation for a student with a level one disability;

(b) Multiply the number of students having a level two disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level two disability;

(c) Multiply the number of students having a level three disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level three disability;

(d) Multiply the number of students having a level four disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level four disability;

(e) Multiply the number of students having a level five disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level five disability;

(f) Multiply the number of students having a level six disability as reported on the child count for the previous school fiscal year by the allocation for a student with a level six disability;

(g) When calculating local need at the statewide level, include the amount set aside for extraordinary expenses defined in § 13-37-40 ;

(h) When calculating local need at the statewide level, include the amount set aside for the South Dakota School for the Blind and Visually Impaired; and

(i) Sum the results of subdivisions (18)(a) to (h), inclusive; and

(19) "Effort factor," the school district's special education tax levy in dollars per thousand divided by $1.249. The maximum effort factor is 1.0.

Source: SL 1999, ch 90, § 2; SL 2000, ch 50, § 2; ch 84, § 3; SL 2001, ch 85, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 131, § 1; SL 2004, ch 132, § 1; SL 2005, ch 60, § 2; SL 2006, ch 84, § 1; SL 2008, ch 78, § 5; SL 2008, ch 84, § 1; SL 2009, ch 87, § 1; SL 2010, ch 82, § 2; SL 2011, ch 98, § 1; SL 2012, ch 99, § 1; SL 2013, ch 79, § 11; SL 2014, ch 91, § 2; SL 2015, ch 95, § 2; SL 2016, ch 93, § 2; SL 2017, ch 76, § 5; SL 2018, ch 92, § 4; SL 2019, ch 85, § 2; SL 2020, ch 59, § 2; SL 2021, ch 78, § 4; SL 2022, ch 41, § 4; SL 2023, ch 30, § 4; SL 2024, ch 59, § 4; SL 2025, ch 47, § 4; SL 2026, ch 44, § 5.
S.D. Codified Laws § 13-64-7 — SD Code / Title 13 / Chapter 64 / Section 13-64-7
Referendum petition on school board decision
Status: in_force

A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election. The board shall allow sufficient time for the referendum process authorized in this section.

Source: SL 2013, ch 93, § 9.
S.D. Codified Laws § 13-49-14.3 — SD Code / Title 13 / Chapter 49 / Section 13-49-14.3
Employee insurance benefits through self-insured plan
Status: in_force

The Board of Regents, at its discretion, may elect to provide all, or any part of, the insurance benefits for its employees by means of a plan which is self - insured in whole or in part. The board may execute a contract or contracts with such claims administrators as the board may select. In making such selection, the board shall consider, among other things, financial stability, experience, and claims facilities. In evaluating these factors, the board may employ the services of impartial, professional analysts or actuaries, or both.

Source: SL 1981, ch 24, § 2; SL 2021, ch 22, § 4.
S.D. Codified Laws § 13-21-10 — SD Code / Title 13 / Chapter 21 / Section 13-21-10
Library materials discarded--Marking required--Disposition
Status: in_force

Any school district library may discard over - duplicated, outdated, inappropriate, or worn library materials; provided, that such materials shall be marked clearly with the words: "Discarded, __________ School District Library" wherever the property label of such library appears. Such discarded materials may be given to other libraries or to nonprofit agencies, destroyed, offered for public sale, or traded to a vendor for future library material purchasing credits.

Source: SL 1977, ch 127.
S.D. Codified Laws § 13-63-29 — SD Code / Title 13 / Chapter 63 / Section 13-63-29
Chapter does not establish guarantees
Status: in_force

Nothing in this chapter establishes any obligation of this state or any agency or instrumentality of this state to guarantee for the benefit of any account owner, contributor to an account, or designated beneficiary any of the following:

(1) The return of any amounts contributed to an account;

(2) The rate of interest or other return on any account;

(3) The payment of interest or other return on any account; or

(4) Tuition rates or the cost of related higher education expenditures.

Source: SL 2001, ch 97, § 29.
S.D. Codified Laws § 13-63-5 — SD Code / Title 13 / Chapter 63 / Section 13-63-5
Duties of program manager
Status: in_force

A program manager shall:

(1) Take all action required to keep the program in compliance with the requirements of this chapter, the rules promulgated by the council pursuant to chapter 1-26 , and any contract with the council to manage the program so that the program is treated as a qualified state tuition plan under section 529 of the Internal Revenue Code and related regulations;

(2) Keep adequate records of each account, keep each account segregated from each other account and provide the council with the information necessary to prepare statements required by §§ 13-63-22 , 13-63-23 , and 13-63-24 or file these statements on behalf of the council;

(3) Compile and total information contained in statements required to be prepared under §§ 13-63-22 , 13-63-23 , and 13-63-24 and provide these compilations to the council;

(4) Provide the council with this information to assist the council to determine compliance with § 13-63-21 ;

(5) Provide representatives of the council, including other contractors or other state agencies, access to the books and records of the program manager to the extent needed to determine compliance with the contract; and

(6) Hold all accounts in trust for the benefit of this state and the account owner.

Source: SL 2001, ch 97, § 5.
S.D. Codified Laws § 13-49-20.6 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.6
Livestock emergency disease fund--Use for reservations or grants for veterinary students
Status: in_force

Notwithstanding the provisions of § 40-15-38 , the Governor may utilize all funds in excess of two hundred thousand dollars in the livestock disease emergency fund to provide for reserved veterinary slots or grants in out - of - state schools as authorized in this chapter.

Source: SL 1984, ch 129, § 7.
S.D. Codified Laws § 13-8-15 — SD Code / Title 13 / Chapter 8 / Section 13-8-15
Filing and administration of oaths
Status: in_force

In all school districts oaths of office shall be filed with the business manager except the oath of office of the business manager which shall be filed with the county auditor. Business managers and presidents of school boards are empowered to administer oaths in all matters in which their respective districts may be a party.

Source: SDC 1939, §§ 15.2008, 15.2317; SL 1953, ch 55, § 1; SL 1955, ch 41, ch 9, § 18; SDC Supp 1960, § 15.2318; SL 1973, ch 86, § 7; SL 1975, ch 128, § 51.
S.D. Codified Laws § 13-14-1 — SD Code / Title 13 / Chapter 14 / Section 13-14-1
Contracts with federal agencies--Receipt and expenditure of federal grants
Status: in_force

The secretary of education is hereby authorized to enter into contracts with any agency of the United States government for the purposes of education, to receive grants of federal funds for those purposes, and to expend such funds under such rules and regulations as the South Dakota Board of Education Standards may establish.

Source: SL 1955, ch 41, ch 1, § 6; SDC Supp 1960, § 15.0806; SL 1975, ch 128, § 88; SL 2004, ch 17, § 13; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-32-2 — SD Code / Title 13 / Chapter 32 / Section 13-32-2
Physical force authorized when reasonable and necessary--Attendance at school functions away from premises--Authority of bus drivers
Status: in_force

Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise children who have been authorized to attend a school function away from their school premises and to school bus drivers while students are riding, boarding, or leaving the buses.

Source: SL 1955, ch 41, ch 12, § 20; SL 1959, ch 79; SDC Supp 1960, § 15.3020; SL 1990, ch 128, § 1.
S.D. Codified Laws § 13-53-8 — SD Code / Title 13 / Chapter 53 / Section 13-53-8
Contract with school board for educational services
Status: in_force

The Board of Regents and any school board of this state shall have the power to enter into a contract or contracts, for such consideration as may be agreed upon, whereby any state educational institution under the control of the Board of Regents, having a department for the practice and training of teachers may contract for educational services for children of the district.

Source: SDC 1939, § 15.0715; SL 1975, ch 128, § 339.
S.D. Codified Laws § 13-55-78 — SD Code / Title 13 / Chapter 55 / Section 13-55-78
Board of Regents to promulgate rules
Status: in_force

The Board of Regents shall promulgate rules under chapter 1-26 to:

(1) Establish the minimum credit hours required for full-time enrollment;

(2) Establish the time and manner in which a student may request an exception to the continuous semester enrollment requirement;

(3) Establish the manner in which academic course and grade equivalents are determined in the case of transfer students;

(4) Establish the time and manner in which applications for scholarships must be submitted and reviewed;

(5) Establish the time and manner in which students are to be notified of decisions pertaining to the award of an opportunity scholarship; and

(6) Establish the time and manner in which students may contest any decision regarding the award or continuance of a scholarship.

Source: SL 2019, ch 96, § 3.
S.D. Codified Laws § 13-51-7 — SD Code / Title 13 / Chapter 51 / Section 13-51-7
Institutional accounting for individual project funds--Reconciliation with consolidated funds in treasury
Status: in_force

Upon establishment of accounts pursuant to § 13-51-5 , each institution shall keep and maintain accounting records of each individual project in such manner that each project is separately identified. The fund records of each of the several project funds shall, at all times, be reconcilable with the consolidated institution funds on deposit with the state treasurer.

Source: SL 1963, ch 335.
S.D. Codified Laws § 13-27-6.1 — SD Code / Title 13 / Chapter 27 / Section 13-27-6.1
Student excused from attendance--Events of state, youth programs, and work as precinct election official
Status: in_force

An elementary and secondary student is eligible to be counted for school attendance up to five days in a school term if an excuse from actual school attendance is requested by a parent or guardian for the purpose of attending events of state or nationally recognized youth programs of educational value or for the purpose of working as a precinct election official if the student is at least eighteen years old.

Source: SL 1977, ch 129, § 1; SL 2004, ch 129, § 1.
S.D. Codified Laws § 13-14-3.2 — SD Code / Title 13 / Chapter 14 / Section 13-14-3.2
School district entitlement statement delivered semiannually--Warrants transmitted to districts
Status: in_force

When revenue is received pursuant to § 13-14-3.1 , a semiannual itemized statement of each school district's entitlement shall be delivered by the Department of Education to the state auditor who shall thereupon draw warrants on the state treasurer for the amounts designated on the statement and the Department of Education shall transmit such warrants to the school districts and such moneys shall be deposited in their general fund.

Source: SL 1971, ch 142, § 2; SL 1977, ch 125; SL 2010, ch 77, § 7.
S.D. Codified Laws § 13-53-6 — SD Code / Title 13 / Chapter 53 / Section 13-53-6
Tuition rates and fees
Status: in_force

The board shall fix all rates of tuition and other fees to be paid by students.

Source: SDC 1939, § 15.0716; SL 1969, ch 35.
S.D. Codified Laws § 13-39A-45 — SD Code / Title 13 / Chapter 39A / Section 13-39A-45
Disclosure of funding from foreign sources--Definitions
Status: in_force

Terms used in this section and § 13-39A-46 mean:

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

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

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

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

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

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

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

(a) The People’s Republic of China;

(b) The Republic of Cuba;

(c) The Islamic Republic of Iran;

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

(e) The Russian Federation; or

(f) The Bolivarian Republic of Venezuela; and

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

Source: SL 2026, ch 86, § 1.
S.D. Codified Laws § 13-51-15 — SD Code / Title 13 / Chapter 51 / Section 13-51-15
Long range financing plan required for improvements financed by private donations--Establishing endowments
Status: in_force

Where a capital improvement is to be primarily financed by private donations, the Board of Regents shall require the institution at which the construction will take place to develop a long - range financing plan to detail how the institution will fund projected operating, maintenance, and repair costs associated with the capital improvement. The board may require the establishment of endowments or the provision for the other nonstate fund revenue sources to cover projected operating, maintenance, or repair costs of privately donated academic buildings. The board shall require the establishment of endowments or the provision for other nonstate fund revenue sources to cover projected operating, maintenance, or repair costs of privately donated nonacademic buildings.

Source: SL 1995, ch 108, § 4.
S.D. Codified Laws § 13-63-30 — SD Code / Title 13 / Chapter 63 / Section 13-63-30
Mandated disclaimers
Status: in_force

Every contract, application, deposit slip, or any other document that may be used in connection with a contribution to an account shall clearly indicate, in a typeface and a location that are readily visible, that the account is not insured by this state and neither the principal deposited nor the investment return is guaranteed by this state.

Source: SL 2001, ch 97, § 30; SL 2022, ch 49, § 10.
S.D. Codified Laws § 13-18-2 — SD Code / Title 13 / Chapter 18 / Section 13-18-2
Contents and signing of checks and warrants
Status: in_force

The school district business manager shall draw and sign all checks or warrants for purposes legally ordered by the school board, and every such check or registered warrant shall be countersigned by the president of the board unless otherwise provided by law, and shall specify the person, firm, or corporation to whom paid.

Source: SDC 1939, §§ 15.2217, 15.2218; SL 1955, ch 41, ch 10, 11; SDC Supp 1960, § 15.2211; SL 1975, ch 128, § 109.
S.D. Codified Laws § 13-49-20.13 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.13
Applicability of tuition assistance program
Status: in_force

Sections 13-49-20.7 to 13-49-20.12 , inclusive, apply only to students entering the program after July 1, 1991.

Source: SL 1991, ch 157, § 12.
S.D. Codified Laws § 13-28A-2 — SD Code / Title 13 / Chapter 28A / Section 13-28A-2
Open enrollment agreements--Contents
Status: in_force

Any agreement to allow open enrollment between South Dakota school districts and a bordering state's school districts entered into pursuant to this chapter shall specify the following:

(1) If the bordering state sends more students to South Dakota than South Dakota sends to the bordering state, the bordering state will pay South Dakota an amount agreed upon for the excess number of students sent to South Dakota; and

(2) If South Dakota sends more students to the bordering state than the bordering state sends to South Dakota, South Dakota will pay the bordering state an amount agreed upon for the excess number of students sent to the bordering state.

Source: SL 2005, ch 102, § 2; SL 2007, ch 102, § 1; SL 2008, ch 81, § 2.
S.D. Codified Laws § 13-36-7 — SD Code / Title 13 / Chapter 36 / Section 13-36-7
Participation in interscholastic activities--Eligibility
Status: in_force

Any student enrolling in a South Dakota district pursuant to § 13-15-21 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association.

Each public school district shall allow participation in athletics, fine arts, or activities for a child being provided alternative instruction pursuant to § 13-27-3 within the district in which the child resides. The parent, guardian, or other person in control of a child being provided alternative instruction shall submit proof of age when participating in athletics, fine arts, or activities. Any child being provided with alternative instruction and participating in South Dakota High School Activities Association activities shall be held to the same local training rules and South Dakota High School Activities Association transfer and non-academic eligibility rules as enrolled students.

Pursuant to § 13-27-3 and before the current season of the sport or activity the alternative instruction child is participating in, the parent, guardian, or other person in control of a child being provided alternative instruction shall provide the appropriate school official with a copy of a transcript of the previous semester's completed coursework that is issued by the parent, guardian, or other person in control of the child. The parent, guardian, or other person in control of a child being provided alternative instruction shall notify the appropriate school official if the child becomes ineligible under South Dakota High School Activities Association or local school rules in so far as those standards apply to § 13-27-3 .

Nothing in this section confers any vested right in any student wishing to participate in any interscholastic activity to be selected for competition in such activity. However, any enrolled student who leaves an accredited program during the course of the school year and who will be provided alternative instruction is ineligible for participation in interscholastic activities for the balance of the current season of the sport or activity the student is participating in at the time of notification of alternative instruction.

Source: SL 1993, ch 131; SL 2003, ch 103, § 2; SL 2021, ch 76, § 18.
S.D. Codified Laws § 13-3-68 — SD Code / Title 13 / Chapter 3 / Section 13-3-68
Department of Education to implement and administer state accountability system
Status: in_force

The state accountability system will be implemented and administered by the Department of Education.

Source: SL 2003, ch 90, § 7; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-29-4 — SD Code / Title 13 / Chapter 29 / Section 13-29-4
Regulation of bus routes crossing school district boundaries--Appeal to state board and courts
Status: in_force

If the buses operated by a school district cross the boundaries of another school district to transport students to and from school, the school board of such other district or districts shall have the authority to designate which school district operating such buses shall be authorized to transport the students of that district and to regulate the routes of buses picking up students within that district, and that the school districts operating buses shall not violate the routes so designated, except that any person aggrieved by the decision of any such school board shall have a right to appeal to the South Dakota Board of Education Standards and to the courts as provided in chapter 13-46 .

Source: SL 1955, ch 41, ch 13, § 12; SDC Supp 1960, § 15.3312; SL 1974, ch 131, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-33A-7 — SD Code / Title 13 / Chapter 33A / Section 13-33A-7
Epinephrine--Training
Status: in_force

Prior to administering an epinephrine auto-injector or nasal spray made available by the school, each designated school personnel shall be trained by a licensed health care professional:

(1) To recognize the symptoms of a severe allergy or anaphylactic reaction;

(2) To know the procedure for the administration of an epinephrine auto-injector or nasal spray;

(3) To know the procedure for storage of an epinephrine auto-injector or nasal spray; and

(4) To know the emergency care and aftercare for a student who has an allergic or anaphylactic reaction.

Source: SL 2014, ch 89, § 4; SL 2026, ch 83, § 4.
S.D. Codified Laws § 13-51A-6 — SD Code / Title 13 / Chapter 51A / Section 13-51A-6
Terms of interim notes--Maturity date--Extension
Status: in_force

Any resolution authorizing the issuance of such notes shall specify the principal amount, rate of interest and maturity date, but not to exceed five years from date of issue, and such other terms as may be specified in such resolution; however, time of payment of any such notes may be extended for a period of not exceeding three years from the maturity date thereof.

Source: SL 1971, ch 134, § 4 (D).
S.D. Codified Laws § 13-42-17 — SD Code / Title 13 / Chapter 42 / Section 13-42-17
Confidentiality of investigative information--Disclosure
Status: in_force

Each complaint and answer referenced in § 13-42-12 and all other investigative information regarding potential discipline of an applicant or certificate holder in the possession of the department, the Professional Teachers Practices and Standards Commission, and the Professional Administrators Practices and Standards Commission is confidential. This information may be discovered and disclosed as part of a disciplinary proceeding initiated pursuant to chapter 13-42 or 13-43 . In addition, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43 , this information may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.

Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 2010, ch 77, § 20; SL 2015, ch 98, § 15.
S.D. Codified Laws § 13-55-38 — SD Code / Title 13 / Chapter 55 / Section 13-55-38
Scholarship board established--Terms--Meetings--Membership--Quorum
Status: in_force

The Richard Hagen - Minerva Harvey memorial scholarship program shall be administered by a five - member board named the Richard Hagen - Minerva Harvey Memorial Scholarship Board which is hereby established. The members shall be appointed by the Governor for a term of five years, except that the initial appointments shall be for periods of one, two, three, four, and five years. The Governor shall appoint one member as the temporary chair of the board. The board shall elect officers at its first meeting. The board shall meet no more than four times a year, not including telephonic conferences, as may be necessary to complete its responsibilities as prescribed by §§ 13-55-37 to 13-55-46 , inclusive. No more than three members of the board may be of the same political party. At least two members of the board shall be enrolled members of a tribe located in South Dakota. A majority of the board shall be present either personally or telephonically to constitute a quorum.

Source: SL 2003, ch 109, § 2.
S.D. Codified Laws § 13-34-23 — SD Code / Title 13 / Chapter 34 / Section 13-34-23
Loan of textbooks--Textbooks defined
Status: in_force

Each public school board shall loan without charge to all persons ages five through nineteen who are either enrolled in a public school, or a nonpublic school, or who are engaged in a course of instruction pursuant to § 13-27-3 , within the school district under such board's jurisdiction or who are residing in such district but are not enrolled in any such school or engaged in any such course of instruction, such nonsectarian textbooks designed for individual use as are normally furnished by such school board to individual students enrolled in the public schools of the district under such board's jurisdiction. For the purposes of this chapter, textbooks are any instructional materials that constitute the principal source of teaching and learning for a given course of study including print and digital materials, but not including any computer hardware. All such textbooks shall be approved by the respective school boards.

Source: SL 1987, ch 142, § 1; SL 2012, ch 97, § 1.
S.D. Codified Laws § 13-28-35 — SD Code / Title 13 / Chapter 28 / Section 13-28-35
Tuition charges for adult education program
Status: in_force

A school district operating an adult education program may charge tuition as determined by the school board, subject to the provisions of chapter 13-39 .

Source: SL 1955, ch 41, ch 13, § 8; SDC Supp 1960, § 15.3308; SL 1975, ch 128, § 198; SL 1982, ch 144, § 6.
S.D. Codified Laws § 13-8-50 — SD Code / Title 13 / Chapter 8 / Section 13-8-50
Before or after school programming for school children--Fee
Status: in_force

The school board may provide programming before or after the regular school term or school day, including weekends, for children who are of school age and are enrolled in a school within the district and may charge a fee therefor. However, the programming provided by a school district for which a fee may be charged pursuant to this section does not include any high school extracurricular activity.

Source: SL 1989, ch 139, § 1; SL 2012, ch 91, § 1, eff. Mar. 1, 2012.
S.D. Codified Laws § 13-55A-13 — SD Code / Title 13 / Chapter 55A / Section 13-55A-13
Severability of provisions
Status: in_force

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Source: SL 1974, ch 141, § 11.
S.D. Codified Laws § 13-32-14 — SD Code / Title 13 / Chapter 32 / Section 13-32-14
Adoption of bullying policy
Status: in_force

If a school district does not have a bullying policy, the school district shall follow the model bullying policy in § 13-32-19 until such time as the school district adopts its own bullying policy. Nothing in §§ 13-32-14 to 13-32-19 , inclusive, supplants or preempts an existing school district policy, except that no school district policy prohibiting bullying, whether it is existing or adopted pursuant to §§ 13-32-14 to 13-32-19 , inclusive, may contain any protected classes of students.

Source: SL 2012, ch 96, § 1.
S.D. Codified Laws § 13-63-27 — SD Code / Title 13 / Chapter 63 / Section 13-63-27
Account balance of beneficiary student treated as asset of parent--Exceptions
Status: in_force

Any student loan program, student grant program, or other financial assistance program established or administered by this state or by a state supported educational institution shall treat the balance in an account of which the student is a designated beneficiary as if it were an asset of the parent of the designated beneficiary and not as a scholarship or grant or as an asset of the student for determining a student's or parent's income, assets, or financial need.

However, this section does not apply if any of the following conditions exist:

(1) Federal law requires all or a portion of the amount in an account to be taken into account in a different manner;

(2) Federal benefits could be lost if all or a portion of the amount in an account is not taken into account in a different manner; or

(3) A specific grant establishing a financial assistance program requires that all or a portion of the amount in an account be taken into account.

Source: SL 2001, ch 97, § 27.
S.D. Codified Laws § 13-39A-38 — SD Code / Title 13 / Chapter 39A / Section 13-39A-38
Appointment of members
Status: in_force

After a member's initial term on the board of the distinct separate LEA is complete, the board of the school district LEA, with input from trade and industry representatives in the region and the technical college president, shall continue to appoint the three board member positions whose initial terms were three years. After the distinct separate LEA board member's initial term is finished, the Governor shall appoint the three board members of the board whose initial terms were one year. After the distinct separate LEA board member's initial term is finished, the nine person distinct separate LEA board, with input from trade and industry representatives in the region and the technical college president, shall appoint the three board members of the board whose initial terms were two years.

Source: SL 2017, ch 81, § 38; SL 2020, ch 61, § 23.
S.D. Codified Laws § 13-3-98 — SD Code / Title 13 / Chapter 3 / Section 13-3-98
Prenatal human development--Required instruction
Status: in_force

The South Dakota Board of Education Standards shall recommend resources for age-appropriate and research-based instruction in prenatal human growth and development. A school district shall use the resources recommended by the board in providing a health or science curriculum.

Source: SL 2026, ch 77, § 1.
S.D. Codified Laws § 13-42-35 — SD Code / Title 13 / Chapter 42 / Section 13-42-35
Work group to develop model evaluation instrument
Status: in_force

A work group appointed by the secretary of education shall provide input in developing the standards and shall develop a model evaluation instrument that may be used by school districts. The work group shall consist of the following:

(1) Six teachers: two from an elementary school, two from a middle school, and two from a high school;

(2) Three principals: one from an elementary school, one from a middle school, and one from a high school;

(3) Two superintendents;

(4) Two school board members;

(5) Four parents who have students in various levels of the K-12 system:

(6) One representative of the South Dakota Education Association;

(7) One representative of the School Administrators of South Dakota; and

(8) One representative of the Associated School Boards of South Dakota.

Source: SL 2010, ch 94, § 3.
S.D. Codified Laws § 13-15-28 — SD Code / Title 13 / Chapter 15 / Section 13-15-28
Reorganization of district based on number of students--Exception for district within reservation boundaries
Status: in_force

Any school district that enters into contractual agreements pursuant to § 13-15-11 and sends over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining school district or districts located in South Dakota shall reorganize the school district pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this section, the number of students attending adjoining districts shall be based on fall enrollment as defined in § 13-13-10.1 . This section does not apply to a school district located wholly within the boundaries of an Indian reservation.

Source: SL 1998, ch 89, § 5; SL 1999, ch 85, § 1; SL 2000, ch 84, § 7; SL 2007, ch 93, § 16.
S.D. Codified Laws § 13-55-4 — SD Code / Title 13 / Chapter 55 / Section 13-55-4
Veterans' benefits not applicable if federal benefits available
Status: in_force

Section 13-55-2 shall not be applicable if such person under act of Congress is entitled to have such tuition paid by the United States, or is entitled to receive in part from the United States for education and training allowance and in part the expenses of his subsistence, tuition, fees, supplies, books, and equipment.

Source: SDC 1939, § 15.0717 as added by SL 1966, ch 37.
S.D. Codified Laws § 13-8-25 — SD Code / Title 13 / Chapter 8 / Section 13-8-25
Appointment to fill vacancy on school board--Qualification and term of appointee
Status: in_force

Any vacancy occurring on a school board shall be filled by appointment. The vacancy shall be filled by all school board members, including the vacating member, if the vacancy is created by:

(1) A school district's failure to elect a person to succeed a school board member whose term has expired;

(2) An elected school board member's failure to qualify as specified in § 13-8-14 ; or

(3) A school board member's resignation.

The appointee shall qualify as if elected at or before the next school board meeting, and serve until the next succeeding election at which time a successor shall be elected to serve the unexpired term.

Source: SDC 1939, §§ 15.2315, 15.2515; SL 1951, ch 63, § 2; SL 1955, ch 41, ch 9, § 25; SDC Supp 1960, § 15.2325; SL 1971, ch 104, § 3; SL 1977, ch 116, § 2; SL 2015, ch 86, § 1.
S.D. Codified Laws § 13-39A-30 — SD Code / Title 13 / Chapter 39A / Section 13-39A-30
Payment of obligations under lease-purchase agreement
Status: in_force

All or any portion of the lease-purchase obligations under or in connection with any lease-purchase agreement authorized in §§ 13-39A-24 and 13-39A-25 may be paid or discharged out of moneys available from the investment earnings on the technical colleges trust fund or from any amounts on deposit in the tuition subaccount of the fund upon the determination by the board to pledge or otherwise transfer any amounts to the South Dakota Health and Educational Facilities Authority.

Source: SL 2017, ch 81, § 30; SL 2020, ch 61, § 19.
S.D. Codified Laws § 13-5-1 — SD Code / Title 13 / Chapter 5 / Section 13-5-1
School districts defined--General corporate and proprietary powers
Status: in_force

Any territory organized for the express purpose of operating not less than a thirteen - year school program and governed by an elected school board is defined to be a school district. It may sue and be sued, contract and be contracted with, purchase, hold, and use personal and real property for school purposes, and sell and dispose of the same.

Source: SDC 1939, §§ 15.2001, 15.2501; SL 1947, ch 66; SL 1955, ch 41, ch 8, § 2; SDC Supp. 1960, § 15.2002; SL 1963, ch 69, § 2; SDCL, § 13-5-3 ; SL 1975, ch 128, § 26; SL 1985, ch 129, § 6; SL 1986, ch 122, §§ 1, 8.
S.D. Codified Laws § 13-54-1 — SD Code / Title 13 / Chapter 54 / Section 13-54-1
Agriculture and home economics extension department maintained at state university
Status: in_force

The provisions of an act of Congress entitled, "An Act to establish agricultural extension departments in connection with agricultural colleges in the several states receiving the benefits of an act of Congress," having been accepted by this state, the Board of Regents is authorized and directed to maintain at South Dakota State University an extension department for the purpose of giving instruction and demonstration in agriculture and home economics to persons not attending such university.

Source: SDC 1939, § 15.1207.
S.D. Codified Laws § 13-62-3 — SD Code / Title 13 / Chapter 62 / Section 13-62-3
Administrator--Bond
Status: in_force

The administrator shall give a bond to the state in an amount fixed by the Board of Regents, for the faithful discharge of duties. The bond must be approved, recorded, and filed in the same manner as the bonds of state officers.

Source: SDC 1939, § 55.4102 (2); SL 1953, ch 296, § 2; SL 2023, ch 62, § 12.
S.D. Codified Laws § 13-33-28 — SD Code / Title 13 / Chapter 33 / Section 13-33-28
Promulgation of rules concerning virtual school
Status: in_force

The Department of Education may promulgate rules pursuant to chapter 1-26 to coordinate course offerings by the South Dakota virtual school, to award course credits earned by students taking classes from the South Dakota virtual school, and to establish criteria for school districts to participate in the South Dakota virtual school.

Source: SL 2006, ch 83, § 5; SL 2008, ch 82, § 3.
S.D. Codified Laws § 13-15-31 — SD Code / Title 13 / Chapter 15 / Section 13-15-31
Approval and adoption of agreements for whole-grade sharing of students--Term--Termination--Requirements
Status: in_force

Any agreement or contract entered into pursuant to § 13-15-30 shall be approved by the secretary of education and shall remain in effect for a period of at least three years. It shall provide for the sharing of governance among the participating school districts. The school board of each participating school district shall adopt the contract or agreement no later than February first of the school year preceding the school year for which the agreement will take effect. The contract or agreement may be terminated by any participating school district if that school district provides written notice to the other participating school districts at least eighteen months prior to the termination.

The contract or agreement shall adhere to the following provisions:

(1) Students at one grade level within a school district are only eligible to attend school in another participating school district if all the students at that particular grade level within the school district are sent to another participating school district. The school boards of the participating school districts shall determine which students and which facilities will be shared under the terms of the agreement;

(2) The participating school districts may negotiate the rate of tuition that will be charged for any student sent to attend school in another participating school district. However, the rate of tuition per year may not be less than the per student allocation as defined in § 13-13-10.1 for that school fiscal year;

(3) The fall enrollment as defined in § 13-13-10.1 for each participating school district shall include any students that the school district sends to another participating school district to attend school, and may not include any students that are sent to the school district to attend school from other participating school districts;

(4) For the purposes of determining adequate yearly progress under the state's accountability system established in § 13-3-62 , and calculating the graduation rates, any student sent to another participating school district to attend school shall be counted in the receiving school district; and

(5) For the purposes of state aid for special education, the school residence of any student in need of special education or special education and related services who is sent to a participating school district to attend school remains with the sending school district. However, both the sending and the receiving school districts shall agree upon the student's individualized education program.

Source: SL 2009, ch 81, § 2.
S.D. Codified Laws § 13-55A-14 — SD Code / Title 13 / Chapter 55A / Section 13-55A-14
Postsecondary scholarship grant fund created
Status: in_force

There is hereby created in the education enhancement trust fund the South Dakota postsecondary scholarship grant fund for the purpose of providing grants and scholarships through the Board of Regents for the need-based grant program pursuant to chapter 13-55A and the critical teaching needs scholarship program pursuant to §§ 13-55-64 to 13-55-71 , inclusive. Any contributions into the education enhancement trust fund not designated for any other purpose shall be allocated to the postsecondary scholarship grant fund. All distributions from the South Dakota postsecondary scholarship grant fund are subject to transfer to the general fund and expenditure of all distributions shall be by an appropriation by the Legislature through the General Appropriations Act or special appropriations acts for the postsecondary scholarship grant programs consistent with the provision of S.D. Const., Art. XII, § 6, and § 4-5-29.2 . The board may accept any gifts, contributions, or funds obtained from any other source for the purpose of carrying out the provisions of this section. For each fiscal year, the board may determine the amounts awarded for each scholarship grant program and shall award all available funds from the postsecondary scholarship grant fund annual transfer pursuant to § 4-5-29.2 .

Source: SL 2010, ch 104, § 1; SL 2013, ch 92, § 11, eff. Mar. 12, 2013; SL 2016, ch 101, § 1, eff. Mar. 22, 2016.
S.D. Codified Laws § 13-37-20 — SD Code / Title 13 / Chapter 37 / Section 13-37-20
Payment of claims for direct services
Status: in_force

Agencies or individuals providing a service directly to children in need of special education or special education and related services under the provisions of this chapter shall be authorized to recover authorized costs from the school district special education fund on a monthly basis.

Source: SDC Supp 1960, § 15.3004 (14) as added by SL 1966, ch 43; SL 1968, ch 51, § 8; SL 1969, ch 58; SL 1975, ch 128, § 242; SL 1976, ch 121, § 5.
S.D. Codified Laws § 13-27-3 — SD Code / Title 13 / Chapter 27 / Section 13-27-3
Alternative instruction--Notification--Requirements
Status: in_force

Upon a filing of a notification with either the Department of Education or the local district from the parent, or guardian, or other person having control of a child, the Department of Education or the local district has been notified that the child is being provided with alternative instruction in the basic skills of language arts and mathematics. The person providing instruction is not required to be certified.

No person may instruct more than twenty-two children. All instructions shall be given so as to lead to a mastery of the English language.

Source: SDC 1939, § 15.3202 (2): SL 1955, ch 41, ch 15, § 2; SL 1971, ch 116, § 2; SL 1975, ch 128, § 170; SL 1977, ch 130; SL 1981, ch 141, § 2; SL 1983, ch 131, § 2; SL 1992, ch 128, § 1; SL 1993, ch 136; SL 1996, ch 115; SL 2003, ch 91, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2016, ch 89, § 1; SL 2017, ch 78, § 2; SL 2021, ch 76, § 3.
S.D. Codified Laws § 13-3-55 — SD Code / Title 13 / Chapter 3 / Section 13-3-55
Academic achievement tests
Status: in_force

Every public school district shall annually administer the same assessment to all students in grades three to eight, inclusive, and in grade eleven. The assessment shall measure the academic progress of each student. Every public school district shall annually administer to all students in at least two grade levels an achievement test to assess writing skills. The assessment instruments shall be provided by the Department of Education, and the department shall determine the two grade levels to be tested. The tests shall be administered within timelines established by the Department of Education by rules promulgated pursuant to chapter 1-26 starting in the spring of the 2002-2003 school year. Each state-designed test shall be correlated with the state's content standards. The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to provide for administration of all assessments.

Source: SL 1997, ch 84, § 3; SL 2001, ch 70, § 1; SL 2003, ch 91, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 84, § 1; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-42-15 — SD Code / Title 13 / Chapter 42 / Section 13-42-15
Secretary's decision on revocation or suspension of certificate--Effective date and duration--Service of order and findings
Status: in_force

The secretary shall make a decision within thirty days from receipt of a complaint pursuant to § 13-43-28.1 or 13-43-49 . In case of suspension or revocation, the secretary shall fix the date at which the suspension or revocation becomes effective and, in case of suspension, the duration of the suspension. The order and findings of fact and conclusions of law of the secretary shall be served upon the certificate holder, and, if applicable, upon the school which last employed the certificate holder, the commission, and the complainant before the commission.

Source: SL 1955, ch 41, ch 16, § 6; SDC Supp 1960, § 15.3806; SL 1985, ch 139, § 19; SL 1989, ch 153, § 7; SL 1991, ch 20, §§ 17, 18; SL 1996, ch 127, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 35; SL 2015, ch 98, § 13.
S.D. Codified Laws § 13-39A-11 — SD Code / Title 13 / Chapter 39A / Section 13-39A-11
Local governing bodies--Retain powers not given to board
Status: in_force

The local governing body of each technical college shall retain all powers not expressly given to the board.

Source: SL 2017, ch 81, § 11; SL 2020, ch 61, § 4.
S.D. Codified Laws § 13-28-43 — SD Code / Title 13 / Chapter 28 / Section 13-28-43
Enrollment of student in other than resident district or transfer within district--Approval and notification
Status: in_force

A student's parent or legal guardian who wishes to enroll the student, or an emancipated student who wishes to enroll, under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, in a South Dakota school district other than the resident district or in a school within the resident district other than the school to which the student has been assigned shall apply on forms provided by the Department of Education.

The school board or the board's designee of the district in which the student desires to enroll shall approve or disapprove the application and shall notify the applicant and the resident board, if applicable, of its decision within five days of the decision. The district in which the student desires to enroll shall review the applications in the order received. However, if the applicant is a sibling of a student accepted into and currently enrolled in the district pursuant to §§ 13-28-40 to 13-28-47 , inclusive, that student's application shall take priority over all other applications the district has received consistent with § 13-28-44 .

Transfers to a school district other than the resident school district under the provisions of §§ 13-28-40 to 13-28-47 , inclusive, may only take place prior to the last Friday in September during the first semester of any school year, and prior to the last Friday in January during the second semester of any school year. If a school district approves an application for such a transfer after the deadline in the first semester, the transfer will occur at the start of the second semester. If a school district approves an application for such a transfer after the deadline in the second semester, the transfer will occur at the start of the following school year. However, the deadlines for transfer do not apply if:

(1) A student is seeking to transfer to an alternative school or a specialized nonpublic educational program;

(2) A student enrolls in a school district after the deadline in either semester; or

(3) The receiving school district school board or the board's designee determines that special circumstances exist and allows a student to transfer after the deadline.

Intradistrict transfer applications may be accepted and acted upon at any time at the board's discretion if the policies on which the transfer decisions are based are consistent with the other requirements of §§ 13-28-40 to 13-28-47 , inclusive.

An application may be withdrawn by the applicant prior to the approval of the request and upon notification of the district to which the student applied. Once approved by the district in which the student wishes to enroll, the approved application serves as the applicant's notice of intent to enroll in the nonresident district or desired school during the school year and obligates the student to attend school in the nonresident district or desired school during the school year, unless, as provided in § 13-28-47.1 , the affected school board or boards agree in writing to allow the student to transfer back to the resident district or assigned school, or unless the parents, guardians, or emancipated student change residence to another district.

Once enrolled in a nonresident district or nonassigned school, the student may remain enrolled and is not required to resubmit annual applications.

Source: SL 1997, ch 98, § 4; SL 1998, ch 92, § 2; SL 1999, ch 86, § 2; SL 2002, ch 88, § 1; SL 2003, ch 101, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 95, § 1; SL 2014, ch 87, § 1; SL 2018, ch 97, § 1.
S.D. Codified Laws § 13-37-13 — SD Code / Title 13 / Chapter 37 / Section 13-37-13
Expenditures for education of children in need in state-owned institutions
Status: in_force

The secretary of the Department of Education or any school district may expend any public funds under the provisions of this chapter for the education of children in need enrolled in any state - owned institution, including transportation as provided in § 13-37-8.9 . The provisions of this chapter may apply to approved programs and services provided by state universities and colleges, and for assignment to institutions outside of South Dakota for services not available within the state.

Source: SL 1955, ch 41, ch 12, § 4; SDC Supp 1960, § 15.3004 (8), (9); SL 1964, ch 44; SL 1966, ch 43; SDCL, § 13-37-6 ; SL 1968, ch 51, § 3; SL 1969, ch 58; SL 1975, ch 128, § 236; SL 2000, ch 88, § 1; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-61-1 — SD Code / Title 13 / Chapter 61 / Section 13-61-1
Name and location of school--Control by Board of Regents
Status: in_force

The South Dakota School for the Blind and the Visually Impaired located at Aberdeen, in Brown County, shall be under the charge and control of the Board of Regents.

Source: SDC 1939, § 55.4001; SL 1970, ch 112; SL 1975, ch 128, § 364; SL 1998, ch 110, § 1.
S.D. Codified Laws § 13-51A-24 — SD Code / Title 13 / Chapter 51A / Section 13-51A-24
Limited obligation of bonds
Status: in_force

All bonds issued pursuant to this chapter shall be obligations of the board payable only in accordance with the terms thereof and shall not be obligations general, special, or otherwise, of the State of South Dakota. Such bonds shall not constitute a debt, legal or moral, of the State of South Dakota, and shall not be enforceable against the state, nor shall payment thereof be enforceable out of any funds of the board, or of any institution, other than the income and revenues pledged and assigned to, or in trust for the benefit of, the holder or holders of such bonds.

Source: SL 1971, ch 134, § 10.
S.D. Codified Laws § 13-49-6 — SD Code / Title 13 / Chapter 49 / Section 13-49-6
Oath of office of regents
Status: in_force

Before entering upon the duties of the office, each regent shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and faithfully to discharge the duties of the office, which oath or affirmation shall be filed with the secretary of state.

Source: SDC 1939, § 15.0703; SL 1951, ch 45; SL 1955, ch 39; SL 1957, ch 47; SL 1975, ch 128, § 328; SL 2007, ch 109, § 5.
S.D. Codified Laws § 13-56-6 — SD Code / Title 13 / Chapter 56 / Section 13-56-6
Records, accounting, and reports--Rules and regulations
Status: in_force

The secretary of education shall establish and maintain the records that are necessary and required by good accounting practices and shall require an annual and other reports from the contracting nonprofit private institutions and organizations as the secretary deems necessary. The secretary may pass rules pursuant to chapter 1-26 for the administration of this chapter.

Source: SL 1966, ch 210, § 5; SL 1978, ch 130, § 5; SL 1985, ch 133, § 7; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-42-1.2 — SD Code / Title 13 / Chapter 42 / Section 13-42-1.2
Certificate required for teachers, administrators, and other educational professionals in schools
Status: in_force

No person may draw wages as a teacher, administrator, or other educational professional in any public school or other accredited school who does not have a valid certificate.

Source: SDC 1939, § 15.3807; SL 1955, ch 41, ch 16, § 2; SDC Supp 1960, § 15.3802; SL 1975, ch 128, § 293; SL 1985, ch 129, § 17; SL 1986, ch 122, §§ 1, 17; SL 1987, ch 29, § 75; SL 1989, ch 153, § 1; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SDCL § 13-42-1 ; SL 2015, ch 98, § 2.
S.D. Codified Laws § 13-13-73 — SD Code / Title 13 / Chapter 13 / Section 13-13-73
Calculation of state aid for each school district
Status: in_force

No later than July 1, 2016, a school district shall notify the secretary of education in writing as to whether the school district's state aid is to be calculated using the alternative local need calculation. If a school district chooses the alternative local need calculation, the school district shall notify the secretary in writing no later than July first of each subsequent fiscal year as to whether to continue to use the alternative local need calculation for that fiscal year. If a school district chooses not to use the alternative local need calculation, the school district may not use that calculation in any subsequent school year. The secretary of the Department of Education shall compute state aid to education for each school district according to the following calculations:

(1) For school districts not utilizing the alternative local need calculation, state aid is local need as defined in § 13-13-10.1 minus local effort, or zero if the calculation is a negative number;

(2) For school districts utilizing the alternative local need calculation, state aid is the alternative local need as defined in subdivision 13-13-10.1 (12) minus local effort, or zero if the calculation is a negative number;

(3) If the state aid appropriation for the general support of education is in excess of the entitlement provided for in this section and the entitlement provided for in § 13-13-85 , the excess shall be used to fund any shortfall of the appropriation as provided for in § 13-37-36.3 . The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by § 13-37-45 , the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.

Source: SL 1995, ch 94, § 39; SL 1997, ch 98, § 11; SL 1997, ch 103, § 2; SL 2000, ch 84, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 93, § 8; SL 2010, ch 84, § 2; SL 2011, ch 102, § 7; SL 2013, ch 7, § 38; SL 2015, ch 89, § 16; SL 2016, ch 83, § 9; SL 2021, ch 73, § 6.
S.D. Codified Laws § 13-39-54 — SD Code / Title 13 / Chapter 39 / Section 13-39-54
Bonds and tax levies prohibited--Funds provided by participating districts
Status: in_force

A center board may not issue bonds or levy a tax on its behalf. The participating school districts may provide funds for the purpose of construction, purchase, and lease of equipment and facilities. A participating district may make payments to a center board for the participating district's share of expenditures made by the center board pursuant to § 13-16-6 from the participating district's capital outlay fund. All expenditures of this type made by participating districts prior to the effective date of this statute are ratified. A center board shall acquire by assessment of the participating school districts the necessary funds for the conduct of the vocational programs, services and other expenses of the multidistrict, career and technical academy.

Source: SL 1973, ch 123, §§ 13, 14; SL 1982, ch 147, § 46; SL 2009, ch 88, § 8.
S.D. Codified Laws § 13-55-11.2 — SD Code / Title 13 / Chapter 55 / Section 13-55-11.2
Exclusion from tuition and fee exemption
Status: in_force

The exemption provided by § 13-55-11 does not apply to any visually impaired resident of this state who is entitled to receive tuition and fee support from the Department of Human Services.

Source: SL 1980, ch 147; SL 1989, ch 21, § 46.
S.D. Codified Laws § 13-10-17 — SD Code / Title 13 / Chapter 10 / Section 13-10-17
School counselors
Status: in_force

If a school district employs a school counselor, on either a full-time or part-time basis, or contracts for the services of a school counselor through an educational cooperative or other entity, that school counselor shall be certified in accordance with the standards established by the South Dakota Board of Education Standards pursuant to § 13-1-12.1 .

Source: SL 2011, ch 88, § 1, eff. July 1, 2016; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-37-35.2 — SD Code / Title 13 / Chapter 37 / Section 13-37-35.2
Department to recalculate allocations for disability levels biennially
Status: in_force

The Department of Education shall recalculate the amounts of the allocations for the disability levels defined in § 13-37-35.1 . The recalculation shall be based on statewide average expenditures as reported to the Department of Education in school district annual reports by disability for the previous three school fiscal years. A recalculation shall take place in fiscal year 2020 and every two years thereafter, and the recalculated rates take effect in the year following a recalculation.

Source: SL 2002, ch 91, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2019, ch 86, § 1.
S.D. Codified Laws § 13-13-89 — SD Code / Title 13 / Chapter 13 / Section 13-13-89
Disbursements from workforce education fund
Status: in_force

The secretary of the Department of Education shall authorize and disburse money from the workforce education fund to fund new and existing secondary career and technical education programs. In any fiscal year, up to two hundred fifty thousand dollars may be distributed to private, nonprofit entities that provide specialized career and technical services and education.

Source: SL 2013, ch 7, § 11, eff. Mar. 20, 2013; SL 2016, ch 85, § 9; SL 2018, ch 10, § 9.
S.D. Codified Laws § 13-15-29 — SD Code / Title 13 / Chapter 15 / Section 13-15-29
Student enrolling in nonresident district remains financial obligation of resident district
Status: in_force

Notwithstanding the provisions of § 13-28-40 , any student who enrolls in another school district pursuant to the provisions contained in § 13-28-40 to 13-28-47 , inclusive, in a grade for which the student's resident district contracts for services pursuant to § 13-15-1.3 or 13-15-11 remains the financial obligation of the resident district.

Source: SL 2000, ch 82, § 2.
S.D. Codified Laws § 13-55-9.3 — SD Code / Title 13 / Chapter 55 / Section 13-55-9.3
Federal benefits considered
Status: in_force

No benefits shall accrue to a dependent under the provisions of § 13-55-9.2 if equal or greater benefits are made available, under act of Congress, by the United States, but state benefits shall be available to a dependent to supplement any lesser benefits from federal sources.

Source: SL 1973, ch 108, § 4.
S.D. Codified Laws § 13-37-46 — SD Code / Title 13 / Chapter 37 / Section 13-37-46
Rules defining special education process--Appeal of local district's determinations--Hearing
Status: in_force

The secretary of the Department of Education shall promulgate and review rules which further define special education processes regarding student identification and the placement committee process. Any appeal of a local district's determination relating to special education or special education and related services shall be referred to the secretary of the Department of Education. The hearing shall be conducted by the secretary in accordance with the contested case provisions of chapter 1-26 .

Source: SL 1995, ch 101, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2019, ch 87, § 3.
S.D. Codified Laws § 13-43-19 — SD Code / Title 13 / Chapter 43 / Section 13-43-19
Vacancies on Professional Teachers Practices and Standards Commission--Removal of members
Status: in_force

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

Source: SL 1969, ch 62, § 2 (g), (h); SL 1994, ch 132, § 5.
S.D. Codified Laws § 13-7-17 — SD Code / Title 13 / Chapter 7 / Section 13-7-17
Certification of returns--Preservation of election material
Status: in_force

The returns from a school district election must be certified by the precinct election board in each polling place, and the ballots, properly sealed in ballot boxes, together with the pollbooks, must be placed in the custody of the school district's business manager.

The business manager may destroy voted ballots, pollbooks, and all other election material relating to a school district election twenty-two months after the election at which the ballots were voted.

Source: SDC 1939, § 15.2514; SL 1955, ch 41, ch 9, § 16; SL 1957, ch 64, § 7; SDC Supp 1960, § 15.2316; SL 1975, ch 128, § 42; SL 2026, ch 36, § 3.
S.D. Codified Laws § 13-1-67 — SD Code / Title 13 / Chapter 1 / Section 13-1-67
Divisive concepts--Definition
Status: in_force

For the purposes of §§ 13-1-67 to 13-1-71 , inclusive, the term, divisive concepts, means:

(1) That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior;

(2) That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity, or national origin;

(3) That an individual’s moral character is inherently determined by their race, color, religion, sex, ethnicity, or national origin;

(4) That an individual, by virtue of their race, color, religion, sex, ethnicity, or national origin is inherently racist, sexist, or oppressive, whether consciously or subconsciously;

(5) That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin;

(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race, color, religion, ethnicity, or national origin; or

(7) Meritocracy or traits such as a strong work ethic are racist or sexist or were created by members of a particular race or sex to oppress members of another race or sex.

Source: SL 2022, ch 39, § 1.
S.D. Codified Laws § 13-53-32 — SD Code / Title 13 / Chapter 53 / Section 13-53-32
Affect of foreign citizenship on residence status
Status: in_force

The foreign citizenship of a person is not a factor in determining resident student status if the person has legal capacity to remain permanently in the United States.

Source: SL 1996, ch 130, § 10.
S.D. Codified Laws § 13-28-24 — SD Code / Title 13 / Chapter 28 / Section 13-28-24
Advance payment of tuition by student or parents--Refund if student ceases to attend
Status: in_force

Anyone who must personally pay tuition shall pay in advance the annual or monthly amount of tuition. If the student ceases to be a member of the school before the expiration of the term for which the tuition has been paid, the school board shall refund the unearned portion of the tuition upon the presentation of a proper voucher.

Source: SL 1955, ch 41, ch 13, § 4; SDC Supp 1960, § 15.3304; SL 1982, ch 143, § 15; SL 1996, ch 110, § 7; SL 1997, ch 98, § 19.
S.D. Codified Laws § 13-51A-28 — SD Code / Title 13 / Chapter 51A / Section 13-51A-28
Negotiability of bonds
Status: in_force

The coupon bonds shall be fully negotiable within the meaning of Title 57A.

Source: SL 1971, ch 134, § 4 (A).
S.D. Codified Laws § 13-49-40 — SD Code / Title 13 / Chapter 49 / Section 13-49-40
Annual Presentation--Board of Regents
Status: in_force

The Board of Regents must provide an annual presentation to the special committee, created pursuant to § 4-8A-2 , no later than November 1 each year, regarding letters of intent issued by the Joint Committee on Appropriations, or information requested by the special committee on the recommendations from the task force created by Senate Bill 55 enacted in the 2020 legislative session. The provisions of this section are repealed on July 1, 2027.

Source: SL 2022, ch 46, § 1.
S.D. Codified Laws § 13-5-33.2 — SD Code / Title 13 / Chapter 5 / Section 13-5-33.2
Cooperative education service units to file annual audit and disclosure statements
Status: in_force

Cooperative education service units organized pursuant to this chapter shall file annually with the Department of Education audits of their operation and disclosure statements of all funding sources.

Source: SL 1999, ch 80, § 5; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-24-10 — SD Code / Title 13 / Chapter 24 / Section 13-24-10
Maximum term of leases of school property--Bid requirements
Status: in_force

Any school board shall have authority to lease equipment, teacherages, buildings, or other real estate and personal property for a period of not to exceed thirty years. The proposed aggregate lease payments provided for under a lease agreement shall be subject to the statutory bid requirements.

Source: SDC Supp 1960, § 15.2105 as added by SL 1963, ch 74, § 1.
S.D. Codified Laws § 13-60-8 — SD Code / Title 13 / Chapter 60 / Section 13-60-8
Museum of geology and paleontology administered by school--Purpose
Status: in_force

The museum at the South Dakota School of Mines and Technology, Rapid City, South Dakota, shall be administered as a unit of the South Dakota School of Mines and Technology and shall be known as the museum of geology and paleontology. The purpose of the museum shall be to collect, interpret, and display the rocks, minerals, and fossils that are characteristic of South Dakota and North America.

Source: SL 1973, ch 2, § 255 (b); SL 1975, ch 144, § 1.
S.D. Codified Laws § 13-49-20.2 — SD Code / Title 13 / Chapter 49 / Section 13-49-20.2
Contracts to reserve spaces for South Dakota optometric students
Status: in_force

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

Source: SL 1978, ch 124, § 1.
S.D. Codified Laws § 13-51-8.1 — SD Code / Title 13 / Chapter 51 / Section 13-51-8.1
Power to combine self-liquidating projects or facilities on institutional basis
Status: in_force

The Board of Regents, with the approval of the Governor and commissioner of the Bureau of Finance and Management, in connection with "self - liquidating" dormitory, dining hall, and student union building projects, may combine such projects or facilities, on an institutional basis, and such combination may include "self - liquidating" facilities already completed, but constructed from the proceeds of revenue bonds, a portion of which remains outstanding, projects now authorized or hereafter authorized for future completion.

Source: SL 1969, ch 77, § 1; SL 1975, ch 128, § 336.
S.D. Codified Laws § 13-52-5 — SD Code / Title 13 / Chapter 52 / Section 13-52-5
Acceptance and use of federal funds for student aid and special educational programs
Status: in_force

The South Dakota State Board of Regents shall be authorized to accept, control, and use on behalf of the several institutions of this state under its supervision, any federal funds, grants - in - aid, subventions, or other financial aids that are available to such institutions for fellowship grants, student loans, curriculum expansion, establishing institutes or instructional centers, or any other educational program made available to them.

Source: SL 1959, ch 78; SDC Supp 1960, § 15.0743 (1); SL 1961, ch 60.
S.D. Codified Laws § 13-28-7.2 — SD Code / Title 13 / Chapter 28 / Section 13-28-7.2
Immunizations provided at public expense
Status: in_force

The local board of health, upon application of the school board of any school affected by § 13-28-7.1 shall, at public expense to the extent that funds are available and without delay, provide the immunizations required by § 13-28-7.1 to such pupils as are not provided the immunizations by their parents or guardians and who have not been exempted.

Source: SL 1971, ch 141; SL 2005, ch 101, § 2.
S.D. Codified Laws § 13-6-18 — SD Code / Title 13 / Chapter 6 / Section 13-6-18
Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan
Status: in_force

Upon receipt of a proposed plan, the secretary of the Department of Education shall review the plan and compare its features with the requirements for school district reorganization as provided in § 13-6-4 . The secretary of the Department of Education may call a hearing on the proposal, or request additional information as deemed necessary before his approval or disapproval. He shall notify in writing the school boards of the school districts and boards of county commissioners affected that the proposal is found, or is not found, to be in compliance with the requirements for school district reorganization and the standards and rules adopted by the South Dakota Board of Education Standards.

The secretary of the Department of Education may deny approval of a plan when in the superintendent's judgment the proposed district does not contain enough valuation or enrollment to provide an adequate educational program.

Source: SDCL § 13-6-18 , as enacted by SL 1973, ch 85, § 13; SL 1990, ch 112, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
S.D. Codified Laws § 13-37-16.3 — SD Code / Title 13 / Chapter 37 / Section 13-37-16.3
Basis for adjustment to certain levies
Status: in_force

Any adjustments in the levy specified in subdivision 13-37-35.1 (7) made pursuant to § 13-37-16.2 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. However, for fiscal year 2014, and each year thereafter, if the levy specified in subdivision 13-37-35.1 (7) is not adjusted to maintain this relationship, the funding allocation for each disability level as defined in § 13-37-35.1 shall be reduced proportionally to maintain the relationship between statewide local effort as a percentage of statewide local need.

Source: SL 2001, ch 79, § 2; SL 2013, ch 79, § 9.
S.D. Codified Laws § 13-1-45 — SD Code / Title 13 / Chapter 1 / Section 13-1-45
State policy to permit military and National Guard recruiters access to public school students
Status: in_force

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

Source: SL 2002, ch 81, § 1.
S.D. Codified Laws § 13-8-48 — SD Code / Title 13 / Chapter 8 / Section 13-8-48
Forfeiture by officer or employee for failure to make report
Status: in_force

When any school district employee, required by law or regulation to make a report including an inventory under the provisions of chapter 5-24 to any county auditor or school board or the secretary of the Department of Education, willfully neglects to make such report or fails to perform any of his official duties, the school board shall withhold the last month's salary of such employee or employees until such reports or records are filed and accepted or such official duties performed.

Source: SDC 1939, § 15.2016; SL 1955, ch 41, ch 9, § 36; SDC Supp 1960, § 15.2336; SL 1973, ch 86, § 19; SL 1975, ch 128, § 67; SL 2003, ch 272, § 63.
S.D. Codified Laws § 13-67-4 — SD Code / Title 13 / Chapter 67 / Section 13-67-4
Limitation of actions--Attorney fees
Status: in_force

No governmental entity, accredited school, school district, or institution of higher education may be liable to any student for its compliance with § 13-67-1 .

A civil action under § 13-67-2 or 13-67-3 must be initiated within two years from the date the alleged harm occurred.

Any party prevailing on a claim brought under § 13-67-2 or 13-67-3 is entitled to reasonable attorney’s fees and costs.

Source: SL 2022, ch 51, § 4.
S.D. Codified Laws § 13-25-13 — SD Code / Title 13 / Chapter 25 / Section 13-25-13
Rules authorized for implementation of school fire alarm installations
Status: in_force

The State Fire Marshal may adopt rules, pursuant to chapter 1-26 , for the implementation of §§ 13-25-11 to 13-25-13 , inclusive.

Source: SL 1986, ch 128, § 2; SL 1991, ch 139, § 10; SL 2004, ch 17, § 24.
S.D. Codified Laws § 13-55-39.1 — SD Code / Title 13 / Chapter 55 / Section 13-55-39.1
Authority of board to require information of scholarship applicants
Status: in_force

In addition to the eligibility criteria identified in § 13-55-39 , the scholarship board established in § 13-55-38 may require applicants to submit results on ACT, SAT, or other standardized tests; grade point average; a written essay; or other information by which to judge the academic and personal qualifications of the applicant.

Source: SL 2004, ch 137, § 1.
S.D. Codified Laws § 13-39-12 — SD Code / Title 13 / Chapter 39 / Section 13-39-12
Cooperation with federal agencies
Status: in_force

The secretary of education may cooperate with federal agencies in the administration of any acts of Congress relating to career and technical education.

Source: SL 1965, ch 37, § 2 (5); SL 1982, ch 147, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 18.
S.D. Codified Laws § 13-6-67 — SD Code / Title 13 / Chapter 6 / Section 13-6-67
Dissolution of district after transfer of total area by reorganization--Expiration of terms of officers
Status: in_force

A school district whose total area has been transferred to another school district or districts by reorganization is dissolved at the time the new district or districts take effect. The terms of the dissolved district's officers expire when the newly elected school officers assume their offices and all duties directed by the board of county commissioners have been performed. If former school board members of a district, eliminated by reorganization, are required by the board of county commissioners to perform duties as provided in § 13-6-77 , the reorganized district or districts shall pay those board members in the same manner and at the same time rate as regular school board members.

Source: SL 1955, ch 41, ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2; SL 1973, ch 85, § 28; SL 1982, ch 133, § 2.
S.D. Codified Laws § 13-28-1.1 — SD Code / Title 13 / Chapter 28 / Section 13-28-1.1
Enrolled student defined
Status: in_force

As used in this title, a student is enrolled if:

(1) The student is less than twenty-one years of age on the first day of July or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8 ; and

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

(3) The student's parent or guardian resides within the school district, or in the case of an emancipated minor or an adult admitted to the district pursuant to § 13-28-8 , the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in § 13-28-40 ; and

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

Source: SL 2006, ch 81, § 1.
S.D. Codified Laws § 13-27-8 — SD Code / Title 13 / Chapter 27 / Section 13-27-8
Appeal on attendance matters to state board --Finality of decision
Status: in_force

Any parent or guardian of a student denied a certificate pursuant to §§ 13-27-6 and 13-27-6 .1 who is dissatisfied with the decision of the school board may appeal the matter to the South Dakota Board of Education Standards who shall conduct a hearing pursuant to chapter 1-26 . The state board's decision shall be final as to the secretary's right of appeal.

Source: SDC 1939, § 15.3202; SL 1955, ch 41, ch 15, § 2; SL 1971, ch 116, § 4; SL 1981, ch 141, § 4; SL 1985, ch 401 (Ex. Ord. 85-3); SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57; SL 2021, ch 76, § 7.
S.D. Codified Laws § 13-43-6.7 — SD Code / Title 13 / Chapter 43 / Section 13-43-6.7
Written notice of recommendation for termination--Content--Hearing--Action
Status: in_force

If termination of a teacher is contemplated under § 13-43-6.1 , written notice of a recommendation for termination shall be presented to the teacher and the school board by the superintendent or chief executive officer. The recommendation shall state the reason or reasons upon which the recommendation is based, and the effective date of the recommended termination.

In addition, the notice shall identify the following rights:

(1) Access to the teacher's employment records;

(2) Upon request, a hearing before the school board to present reasons in person or in writing why the termination should not occur; and

(3) The right to be represented at the hearing at the teacher's cost.

The school board shall conduct the hearing, no sooner than fourteen days, and no later than forty-five days, after receipt of the written request for a hearing. The parties may waive these time limitations. If no hearing is requested by the teacher within the time and manner provided in § 13-43-6.9 , the right to a hearing shall be deemed waived by the teacher; and the school board shall thereafter act on the recommendation without further notice or hearing.

Source: SL 2005, ch 107, § 3.
S.D. Codified Laws § 13-7-13 — SD Code / Title 13 / Chapter 7 / Section 13-7-13
Ballots and election supplies--Form and content of ballots--Absentee ballots
Status: in_force

The business manager of the school district shall provide proper ballots, pollbooks, voting booths, and necessary supplies as required by law to the proper election officials on election day. The ballots shall be as prescribed by the State Board of Elections. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. No party affiliation may appear on the ballot and the names of the candidates for the respective vacancies shall be printed on the ballot. Each candidate's position on the ballot shall be chosen by lot by the business manager and each candidate may be present or represented when the position on the ballot is being determined. The ballots for school elections shall be available for absentee voting no later than fifteen days prior to election day.

Source: SDC 1939, § 15.2512; SL 1955, ch 41, ch 9, § 14; SL 1957, ch 64, § 6; SDC Supp 1960, § 15.2314; SL 1975, ch 128, § 40; SL 1979, ch 113, § 6; SL 1995, ch 91; SL 2004, ch 75, § 10; SL 2008, ch 34, § 19; SL 2016, ch 43, § 4.
S.D. Codified Laws § 13-5-33.1 — SD Code / Title 13 / Chapter 5 / Section 13-5-33.1
Limitations on authority of cooperative educational service units to issue notes
Status: in_force

Any cooperative educational service unit shall have the same powers and rights as school boards and school districts under chapter 13-19 except that any notes or other obligations issued by a cooperative educational service unit pursuant to this authorization shall be sold in connection with a program or other financing sponsored by the health and educational facilities authority pursuant to § 1-16A-75 and, in all events, the provisions of chapter 13-19 shall apply to and authorize and govern the issuance of any promissory notes by a cooperative educational service unit pursuant to this authorization. Except to the extent expressly provided to the contrary by the agreement which establishes a cooperative educational service unit, no note or other obligation issued by a cooperative educational service unit pursuant to this section shall be valid unless approved unanimously by the cooperative educational service unit board.

Source: SL 1991, ch 124, § 2.
S.D. Codified Laws § 13-49-20 — SD Code / Title 13 / Chapter 49 / Section 13-49-20
Interstate contracts for education of South Dakota residents
Status: in_force

The State Board of Regents may enter into agreements or contract with states, individually or on a regional basis, to provide means by which South Dakota residents may be assisted to carry on or complete fields of study. This grant of authority may not be construed as providing scholarship assistance in contravention to § 13-55-1 .

Source: SL 1961, ch 87; SL 1989, ch 156, § 1.
S.D. Codified Laws § 13-7-27 — SD Code / Title 13 / Chapter 7 / Section 13-7-27
Definitions
Status: in_force

The terms "election," "candidate," "election officials," "elector," "voter," and "registration officials" when used in a school district election or petition are defined in § 12-1-3 .

Source: SL 1985, ch 119, § 10.
S.D. Codified Laws § 13-37-44 — SD Code / Title 13 / Chapter 37 / Section 13-37-44
Reduction of district's aid for special education for excess balance in fund
Status: in_force

A school district's state aid for special education as calculated pursuant to § 13-37-36.1 shall be reduced by the amount that its ending special education fund balance exceeds twenty-five percent of its special education expenditures for the prior fiscal year or one hundred thousand dollars, whichever is greater, if the school district did not receive money set aside in § 13-37-40 during the prior fiscal year; or the amount that its ending special education fund balance exceeds ten percent of its special education expenditures for the prior fiscal year if the school district received money set aside in § 13-37-40 during the prior fiscal year.

Source: SL 1995, ch 101, § 9A; SL 1996, ch 108, § 3; SL 1998, ch 98, § 5; SL 1999, ch 90, § 8; SL 2013, ch 79, § 15; SL 2021, ch 73, § 15.