reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-34 - Approval and signing of minutes of school board.

13-8-34. Approval and signing of minutes of school board.
The school board shall approve the minutes of every meeting of the board within forty-five days after such meeting. The presiding officer and the business manager shall sign the minutes of all annual, regular, and special meetings after they have been approved.
Source:
SL 1955, ch 41, ch 9, §33; SL 1959, ch 66; SDC Supp 1960, §15.2333; SL 1968, ch 48, §1; SL 1975, ch 128, §61.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-35 - Publication of minutes of board--Contents--Changes after publication--Business manager to sign.

13-8-35. Publication of minutes of board--Contents--Changes after publication--Business manager to sign.
Within twenty days after a meeting of the school board, the board shall cause to be published in the designated legal newspaper a full account of the unapproved proceedings of such meeting, giving a detailed statement of all expenditures of money, with the names of persons to whom payment is made, showing the service rendered or goods furnished, a detailed statement of receipts, and balance on hand. Expenditures and receipts of trust and agency funds may be published in total only.
If the published minutes of the previous meeting of the board are modified, amended, or corrected by such board subsequent to such publication and prior to approval by the board, such changes shall be reflected in the minutes of the meeting at which such modifications, amendments, or corrections are made.
The business manager shall sign each legal publication submitted to the newspaper.
Source:
SDC 1939, §15.2522; SL 1947, ch 69; SL 1955, ch 41, ch 9, §33; SL 1959, ch 66; SDC Supp 1960, §15.2333; SL 1968, ch 48, §1; SL 1971, ch 104, §5; SL 1972, ch 129, §2; SL 1973, ch 86, §13; SL 1975, ch 67, §2; SL 1975, ch 128, §62; SL 1976, ch 115, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-36.1 - Publication rates paid by school boards.

13-8-36.1. Publication rates paid by school boards.
School boards shall pay for publishing proceedings required by §13-8-35 at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in §§17-2-19 and 17-2-20.
Source:
SL 1996, ch 104.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-37 - Compensation of board members.

13-8-37. Compensation of board members.
Each local school board shall set the amount of per diem that each member of that local school board may receive. However, the amount of per diem set by the local school board may not exceed the per diem authorized for the members of the South Dakota Board of Education Standards, pursuant to §4-7-10.4. The per diem may be paid for each meeting actually attended by such member and also for each day a member was actually engaged in the service of the board when authorized by the board.
Source:
SDC 1939, §§15.2325, 15.2521, 15.2608; SL 1945, ch 56; SL 1955, ch 41, ch 9, §29; SDC Supp 1960, §15.2329; SL 1965, ch 51; SL 1969, ch 46; SL 1973, ch 86, §14; SL 1975, ch 128, §63; SL 1978, ch 104; SL 2004, ch 124, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-38 - Travel allowance of school board members.

13-8-38. Travel allowance of school board members.
In addition to per diem as provided in §13-8-37, all school board members may receive the travel allowance authorized by the rules adopted by the State Board of Finance.
Source:
SL 1955, ch 41, ch 9, §30; SDC Supp 1960, §15.2330; SL 1969, ch 47; SL 1973, ch 86, §15; SL 1982, ch 135.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-39 - Management of schools by board--General powers.

13-8-39. Management of schools by board--General powers.
As provided and limited by law, the school board has general charge, direction and management of the schools of the district and control and care of all property belonging to it. The school board may levy taxes, borrow money, employ any necessary personnel, lease real and personal property, carry liability and other insurance, or in lieu of insurance, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the school board in meeting obligations arising from such acts or omissions for which the school board may be legally liable, purchase all necessary books and equipment, purchase real property and erect necessary buildings for the operation of such schools.
Source:
SDC 1939, §§15.2001, 15.2018; SL 1947, ch 61; SL 1951, ch 53; SL 1953, ch 55, §2; SL 1955, ch 41, ch 9, §1; SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, §15.2301; SL 1963, ch 74, §3; SL 1963, ch 78; SL 1978, ch 49, §3; SL 1979, ch 114; SL 1987, ch 75, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-39.2 - Authority to provide day-care for children of enrolled students.

13-8-39.2. Authority to provide day-care for children of enrolled students.
The school board may provide day-care services to the children of enrolled students and may charge a fee therefor.
Source:
SL 1989, ch 138, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-43 - Records of business manager open to public inspection.

13-8-43. Records of business manager open to public inspection.
All reports, books, records, contracts, and papers in the office of the business manager relating to school business in the district shall be retained in the office of the business manager and at all times open to the inspection of the president of the board, the secretary of the Department of Education and county auditor, and at reasonable hours to any voter or taxpayer.
Source:
SDC 1939, §15.2323; SL 1955, ch 41, ch 9, §37; SDC Supp 1960, §15.2337; SL 1971, ch 104, §6; SL 1973, ch 86, §16; SL 1975, ch 128, §64; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-44 - Destruction, falsification or failure to deliver records as misdemeanor.

13-8-44. Destruction, falsification or failure to deliver records as misdemeanor.
It is a Class 1 misdemeanor for any administrator knowingly to mutilate or destroy any of the books, accounts, or records of his office or sign, transmit, issue, or publish a false statement relating thereto, or fail to deliver to his successor all the books, accounts, and records on demand of his successor, the president of the board or the secretary of the Department of Education.
Source:
SDC 1939, §15.9908; SL 1955, ch 41, ch 17, §8; SL 1973, ch 86, §17; SL 1975, ch 128, §65; SL 1977, ch 118; SL 1982, ch 86, §132; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-47 - Annual report to department--Contents, filing, and auditing--Past-due reports.

13-8-47. Annual report to department--Contents, filing, and auditing--Past-due reports.
Before the first day of August every school board shall file an annual report with the Department of Education. The report shall contain all the educational and financial information and statistics of the school district as requested in a format established by the Department of Education. The report shall also contain, for each month of the fiscal year, the month-end cash balances of the school district's general fund, capital outlay fund, pension fund, and special education fund. The report shall also contain the following information for the district from the preceding fiscal year:
(1)Total teacher compensation, which is defined as the total amount spent on instructional salaries and benefits for certified instructional staff;
(2)The total amount spent on instructional salaries for certified instructional staff;
(3)The total amount spent on benefits for certified instructional staff;
(4)The total number of certified instructional staff employed by the school district; and
(5)Any other information necessary to comply with the provisions of SL 2016, ch 83.
The business manager, with the assistance of the secretary of the Department of Education, shall make the annual report, and it shall be approved by the school board. The business manager shall sign the annual report and file a copy with the Department of Education as provided in §13-13-37. The division shall audit the report and return one copy to the school district.
Reports not filed prior to August thirtieth are considered past due and are subject to the past-due provisions of §13-13-38.
Source:
SDC 1939, §15.2320; SL 1955, ch 41, ch 9, §35; SDC Supp 1960, §15.2335; SL 1968, ch 49; SL 1970, ch 96, §5; SL 1973, ch 86, §18; SL 1975, ch 128, §66; SL 1985, ch 121, §1; SL 1991, ch 20, §§17, 18; SL 1994, ch 113, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2010, ch 77, §3; SL 2011, ch 86, §1; SL 2015, ch 87, §1; SL 2016, ch 83, §26.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-48 - Forfeiture by officer or employee for failure to make report.

13-8-48. Forfeiture by officer or employee for failure to make report.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-50 - Before or after school programming for school children--Fee.

13-8-50. Before or after school programming for school children--Fee.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-50.1 - Fees deposited into school district's public enterprise fund.

13-8-50.1. Fees deposited into school district's public enterprise fund.
Any fees paid to a school district under the provisions of §§13-8-50 and 13-28-5 shall be deposited into the school district's public enterprise fund enumerated in §13-16-2.
Source:
SL 2012, ch 91, §3, eff. Mar. 1, 2012.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 08 - School Boards And School District Officers › Section 13-8-55 - Membership in associations to enhance state education quality permitted.

13-8-55. Membership in associations to enhance state education quality permitted.
Any school administrator of any school district of this state may become a member of an association with school administrators of other school districts of this state, the purpose of which is to enhance the quality of education in the school districts in South Dakota.
Source:
SL 2003, ch 94, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-2 - General power of school boards to employ personnel.

13-10-2. General power of school boards to employ personnel.
The school board shall have the power to employ personnel deemed necessary by the board and to define the duties and fix the compensation of each.
Source:
SDC 1939, §15.2523 (3); SL 1939, ch 44; SL 1949, ch 54, §1; SL 1955, ch 41, ch 16, §1; SDC Supp 1960, §15.3801; SL 1975, ch 128, §71.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-3 - Group life and health insurance for employees and retirees.

13-10-3. Group life and health insurance for employees and retirees.
Any school board may enter into group life and group health insurance contracts, including contracts for dental and vision insurance provided by private carriers, or may self insure, for the protection and benefit of its employees, the immediate families of such employees, and former employees who have retired, and may pay any part or all of the necessary premiums therefor.
Source:
SL 1953, ch 62; SL 1955, ch 41, ch 16, §15; SDC Supp 1960, §15.3815; SL 1967, ch 48; SL 1978, ch 49, §4; SL 2009, ch 74, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-4 - Retirement pension agreement with employees--Premiums.

13-10-4. Retirement pension agreement with employees--Premiums.
Subject to the provisions of §§3-12C-304 and 3-12C-305, any school board shall have the power to enter into a retirement pension agreement with its employees for their benefit and to pay any part or all of the necessary premiums therefor.
Source:
SL 1947, ch 81, §1; SL 1955, ch 41, ch 16, §15; SDC Supp 1960, §15.3815; SL 2019, ch 22, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-8 - Discontinuance of retirement system by board.

13-10-8. Discontinuance of retirement system by board.
Such retirement pension system may be discontinued at any time by the school board of any district in which it has been established. On such discontinuance all pension payments shall be discontinued.
Source:
SL 1947, ch 81, §4; SL 1955, ch 41, ch 16, §19; SDC Supp 1960, §15.3819; SL 1975, ch 128, §74.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-9 - Liability insurance for protection of employees.

13-10-9. Liability insurance for protection of employees.
Any school board shall have power to carry public liability insurance protecting its employed personnel against liability suits which might be brought against them for acts of negligence while performing their duties as employees of the school district.
Source:
SL 1953, ch 55, §2; SL 1955, ch 41, ch 16, §15; SDC Supp 1960, §15.3815.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-12 - Criminal background investigation--Prospective employees, technical college instructors, and student teachers--Temporary employment pending results.

13-10-12. Criminal background investigation--Prospective employees, technical college instructors, and student teachers--Temporary employment pending results.
Each person over eighteen years of age hired by a school district shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The school district shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation. The employing school district may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record. The employing school district may pay any fees charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school district is not required to submit to a criminal background investigation as required in this section. In addition, any instructor employed by a technical college is required to submit to a criminal background investigation as required in this section at the time of initial employment.
The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the school district. A criminal background investigation, of a student teacher, conducted by a school district may be provided to any other school in which the student engages in student teaching. The school district conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the district.
Source:
SL 2000, ch 76, §1; SL 2001, ch 74, §1; SL 2003, ch 95, §1; SL 2011, ch 87, §1; SL 2012, ch 92, §1; SL 2016, ch 84, §1; SL 2020, ch 61, § 38.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-12.1 - Single investigation required of employee of multiple school districts--Condition--Procedure for transfer of report.

13-10-12.1. Single investigation required of employee of multiple school districts--Condition--Procedure for transfer of report.
Any school district employee who is employed by more than one school district is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional school district. The results of the background investigation shall be transferred to any additional school district from the initial school district that obtained the criminal background investigation if the additional school district or the school district employee requests in writing to the initial school district that the results be transferred and the school district employee who was the subject of the criminal background investigation signs a written release authorizing the transfer.
Source:
SL 2001, ch 75, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-13 - Criminal conviction as factor in hiring decision.

13-10-13. Criminal conviction as factor in hiring decision.
A school district 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 a school district, 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 a school district from considering any criminal conviction in making a hiring decision.
Source:
SL 2000, ch 76, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-14 - Persons continuously employed from July 1, 2000, exempt from criminal background check.

13-10-14. Persons continuously employed from July 1, 2000, exempt from criminal background check.
Any person employed by a South Dakota school district on July 1, 2000, who remains continuously employed by the same South Dakota school district for consecutive school years is not required to submit to a criminal background check as provided in §13-10-12.
Source:
SL 2000, ch 76, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-15 - Suspension or resignation of employee for criminal conviction--Reporting.

13-10-15. Suspension or resignation of employee for criminal conviction--Reporting.
If a school board or governing body of any accredited school suspends an employee or an employee resigns or is terminated as a result of a criminal conviction, the superintendent or chief administrator shall, within ten days of the date of the suspension or the date the employment is severed, report the circumstances and the name of the employee to the Department of Education. Any superintendent or chief administrator who fails to report under this section is subject to sanctions found in §13-8-48.
Source:
SL 2000, ch 76, §4; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-16 - Conviction defined.

13-10-16. Conviction defined.
For purposes of §§13-10-12 to 13-10-16, inclusive, the term, conviction, means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. A duly certified copy of the court record is proof of the conviction and sentence.
Source:
SL 2000, ch 76, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 10 - School District Employees › Section 13-10-17 - School counselors.

13-10-17. School counselors.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-2 - Adoption of annual school budget--Publication--Cash flow--Levy--Changes in budget.

13-11-2. Adoption of annual school budget--Publication--Cash flow--Levy--Changes in budget.
The school board shall prepare a proposed budget for the next fiscal year according to the budgeting standards prescribed by the auditor general for consideration not later than the regular meeting in the month of May. The proposed budget shall be published in the designated official newspaper not later than July fifteenth together with a notice of hearing on the budget. The budget hearing shall be held before August first. Before October first every school board shall approve a budget for the anticipated obligations of each fund, except trust and agency funds, for the school fiscal year. The budget may include an amount to provide cash flow funding according to guidelines prescribed by the auditor general. By resolution the school board shall adopt a levy in dollars sufficient to meet the school budget. Any changes in the proposed budget incorporated into the final budget shall be published in the minutes within thirty days after the final adoption of the budget.
Source:
SDC 1939, §15.2327; SL 1941, ch 64, §1; SL 1953, ch 59, §2; SL 1955, ch 41, ch 10, §8; SDC Supp 1960, §15.2208; SL 1971, ch 74, §2; SL 1973, ch 88; SL 1975, ch 132; SL 1976, ch 115, §2; SL 1986, ch 126, §2; SL 1987, ch 128, §1; SL 1995, ch 93; SL 1996, ch 105.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-2.1 - Contingency line item in budget--Maximum--Transfer of funds.

13-11-2.1. Contingency line item in budget--Maximum--Transfer of funds.
In preparing the school district budget, the school board may include a line item for contingencies. The line item shall be included in the annual budget and shall not exceed five percent of the total school district budget. The school board may by resolution transfer contingency funds to any budget category except capital outlay.
Source:
SL 1977, ch 119, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-3 - Report of levy amount to county auditor--Spread against property in district--General fund and special education fund report.

13-11-3. Report of levy amount to county auditor--Spread against property in district--General fund and special education fund report.
The school district shall report the amount budgeted to the county auditor before October first on forms prescribed by the county auditor. The county auditor shall spread a levy in dollars and cents over the taxable property of the school district sufficient to raise the money requested by the school district subject to the legal dollars and cents limitations on any of the funds as provided by law. For the general fund and special education fund, the school district may report the levy in dollars or dollars per one thousand dollars of taxable valuation.
Source:
SDC 1939, §15.2526; SL 1955, ch 41, ch 10, §8; SDC Supp 1960, §15.2208; SL 1971, ch 74, §3; SL 1975, ch 128, §76; SL 1986, ch 126, §4; SL 1987, ch 128, §3; SL 1997, ch 86, §1; SL 1997, ch 87, §1; SL 1998, ch 86, §1; SL 2016, ch 83, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-3.2 - Amendment of budget to utilize unobligated resources.

13-11-3.2. Amendment of budget to utilize unobligated resources.
Subsequent to final adoption of the budget, the school board, upon adoption of a resolution setting forth the source of funds and the intended purpose for their use, may amend the budget to utilize available unobligated resources.
Source:
SL 1975, ch 131, §1; SL 1977, ch 119, §2; SL 1982, ch 136.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-3.3 - Levy to be subject to legal dollars and cents limitations.

13-11-3.3. Levy to be subject to legal dollars and cents limitations.
The levy as determined by the state superintendent shall be subject to the legal dollars and cents limitations as applied against equalized taxable values.
Source:
SL 1986, ch 126, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-4 - District funds appropriated to payment of judgment.

13-11-4. District funds appropriated to payment of judgment.
Any unobligated surplus fund in the treasury of the school district at the end of the fiscal year may be appropriated to the payment of a judgment.
Source:
SL 1955, ch 41, ch 10, §37; SDC Supp 1960, §15.2237; SL 1975, ch 128, §77.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-7 - Monthly payments to school districts--Interest on late payments--Statements to business manager.

13-11-7. Monthly payments to school districts--Interest on late payments--Statements to business manager.
The county auditor shall transfer, by the twentieth day of the month, all money received during the prior month on behalf of each school district to each district. Any county failing to distribute the receipts within the time prescribed is subject to an interest charge of one percent per month based on the receipts for the first thirty days of delinquency or part thereof and thereafter, one percent per month for each month or part thereof. When any funds which have been collected by the county for the district from taxes or from any other source are remitted to the district, the county auditor shall send to the school district business manager a statement showing the exact source and amount of the funds. The statement shall be made in a form and contain information prescribed by the secretary of the Department of Education.
Source:
SL 1955, ch 41, ch 10, §9; SDC Supp 1960, §15.2209; SL 1975, ch 128, §78; SL 1976, ch 112; SL 1980, ch 121; SL 1984, ch 114, §2; SL 1989, ch 140; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-8 - Encumbrance of budget unexpended from prior fiscal year--Resolution--Detailed listing.

13-11-8. Encumbrance of budget unexpended from prior fiscal year--Resolution--Detailed listing.
The school board may by resolution at its first meeting in July encumber that portion of the unexpended budget from the prior fiscal year for which legal obligations were incurred but were not paid. The resolution shall state the budget account and amount encumbered. The business manager shall keep a detailed listing by payee and amount supporting such amount shown in the resolution.
Source:
SL 1976, ch 111.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-9 - Levy of district sending students to another district.

13-11-9. Levy of district sending students to another district.
For any school district that is sending its students to an adjoining school district pursuant to §13-15-1.3, the county auditor shall spread a levy over the taxable property of the sending school district sufficient to raise the sending school district's tax levy per one thousand dollars of taxable valuation up to the weighted average tax levy per one thousand dollars of taxable valuation of the receiving school districts. The weighted average tax levy shall be calculated pursuant to §13-11-10. This section does not apply to a school district that operates a secondary school or to a school district that does not receive or accept state aid pursuant to chapter 13-13, or enters into contractual agreements pursuant to §13-15-11.
Source:
SL 1991, ch 137, §2; SL 1992, ch 117, §1; SL 1998, ch. 85, §1; SL 1998, ch 89, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-10 - Weighted average tax levy of receiving districts.

13-11-10. Weighted average tax levy of receiving districts.
In implementing the terms of §13-11-9, a separate weighted average tax levy of the receiving districts shall be calculated for agricultural property, owner-occupied single-family dwelling property, and for nonagricultural property for each sending school district as follows:
(1)The levy per thousand dollars of taxable valuation for agricultural property for each receiving school district shall be multiplied by the number of children from the sending school district to whom the receiving school district is providing educational services;
(2)Add together the products from subdivision (1) for each receiving school district;
(3)Divide the sum from subdivision (2) by the total number of students that the contracting school district is sending to the receiving school districts pursuant to §13-15-1.3. The quotient is the weighted average tax levy per one thousand dollars of taxable valuation for agricultural property;
(4)The weighted average tax levy per thousand dollars of taxable valuation for owner-occupied single-family dwellings and nonagricultural property shall be obtained by repeating the procedure outlined in subdivisions (1) to (3), inclusive, for each class of property; and
(5)The sum of the levies assessed for all funds in the sending district shall be equal to or greater than the sum of all levies for all funds in the receiving district.
The above calculations do not include students receiving educational services from an out-of-state school district nor the tax levy of any out-of-state school district.
Source:
SL 1991, ch 137, §3; SL 1992, ch 117, §2; SL 1999, ch 79, §1; SL 2003, ch 96, §1; SL 2008, ch 44, §20, eff. July 1, 2009.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-11 - Use of funds raised from levy of sending district.

13-11-11. Use of funds raised from levy of sending district.
The money raised by the levy provided in §13-11-9 shall be used to fund any budget expense of the sending district, and the remaining balance shall be paid by the county treasurer on a pro rata basis for each child to the business manager for the adjoining in-state school district that is providing the educational services to the children of the sending school district pursuant to §13-15-1.3.
Source:
SL 1991, ch 137, §5; SL 1992, ch 117, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-12 - 1996B school fiscal half-year.

13-11-12.1996B school fiscal half-year.
The period of July 1, 1996, to December 31, 1996, shall be known as the 1996B school fiscal half-year.
Source:
SL 1995, ch 94, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-13 - Levy authorized to pay judgment against school district.

13-11-13. Levy authorized to pay judgment against school district.
If a final judgment is obtained against any school district, the school board shall levy a tax upon the taxable property in the school district for the payment of the judgment and the tax shall be collected as other school taxes. The tax may not be greater than one-half percent of the taxable valuation of the school district in any one year, and shall be exclusive of the maximum levies as provided by law. The levy may be repeated until the judgment is paid. No execution may issue against any school district.
Source:
SL 1996, ch 107, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 11 - School District Tax Levies › Section 13-11-14 - Refusal of school district to levy tax to pay judgment creditor--Board of county commissioners to levy tax.

13-11-14. Refusal of school district to levy tax to pay judgment creditor--Board of county commissioners to levy tax.
If the school board refuses or fails to levy the tax required by §13-11-13, the judgment creditor may apply to the board of county commissioners, who shall levy the tax upon the property of the school district. When collected the money shall be paid by the county auditor to the judgment creditor in the same manner that money is delivered to the treasurer of the school district.
Source:
SL 1996, ch 107, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-1 - Apportionment among school districts of school fund income.

13-13-1. Apportionment among school districts of school fund income.
The commissioner of school and public lands, after any adjustments that have been made pursuant to §5-10-18.3, shall apportion the school funds as follows: the commissioner shall ascertain from the division of education the total number of resident pupils in average daily membership as defined in §13-13-1.1 in each school district and the total number of pupils in average daily membership in all school districts, and on that basis of the school population, the commissioner shall apportion to each school district, pro rata, such share, as its population of resident pupils in average daily membership in the school district bears to the total number of pupils in average daily membership in all school districts. The funds to be apportioned include funds derived from the lease of school lands, the lease of public lands not apportioned to any educational, penal, or charitable institution, the interest, dividends, and other income on invested funds derived from the sale of school lands and public lands not apportioned to any such institution, and the interest, dividends, and other income on invested funds derived from the five percent paid by the United States on sale of public lands within the state.
Source:
SDC 1939, §§15.0109, 15.2032; SL 1939, ch 40; SL 1953, ch 55, §4; SL 1955, ch 41, ch 12, §2; SDCL §13-28-1; SL 1971, ch 117, §1; SL 1973, ch 83, §2; SL 1974, ch 128, §1; SL 1978, ch 112, §1; SL 1979, ch 116, §1; SL 1982, ch 137, §1; SL 2001, ch 26, §9; SL 2009, ch 75, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-1.1 - Individual school district average daily membership defined.

13-13-1.1. Individual school district average daily membership defined.
The individual school district average daily membership as calculated by the Department of Education for distribution of school and public lands funds may not include pupils for whom the school district receives tuition, shall include pupils for whom the district pays tuition, and shall include resident pupils attending public schools within the district and resident pupils attending private schools.
Source:
SL 1982, ch 137, §2; SL 2009, ch 75, §2; SL 2010, ch 77, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-1.2 - Fall enrollment records subject to examination by department.

13-13-1.2. Fall enrollment records subject to examination by department.
Any records related to the reporting of fall enrollment of a public school district shall be subject to examination by the Department of Education at all times.
Source:
SL 1996, ch 69, §10; SL 2003, ch 272, §63; SL 2007, ch 93, §13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-1.3 - Overreported fall enrollment data--Recovery of overpayment--Misdemeanor.

13-13-1.3. Overreported fall enrollment data--Recovery of overpayment--Misdemeanor.
If, in the department's examination of fall enrollment, it is determined that the data was overreported, the department shall recover the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the person responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in §13-8-44, with the maximum penalty as defined in §22-6-2.
Source:
SL 1996, ch 69, §11; SL 2007, ch 93, §14.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-2 - Payments to school districts of permanent school fund income.

13-13-2. Payments to school districts of permanent school fund income.
An itemized statement of the apportionment when made as provided in §13-13-1 shall be delivered by the commissioner of school and public lands to the state auditor, who shall thereupon draw his warrant on the state treasury for the amounts designated on the statement so furnished and transmit the same to the separate school districts.
Source:
SDC 1939, §15.0109; SL 1971, ch 105, §1; SL 1973, ch 83, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-3 - Withholding of permanent school fund income from districts in default on obligation to school fund.

13-13-3. Withholding of permanent school fund income from districts in default on obligation to school fund.
Whenever any school district in this state shall default and shall be delinquent in the payment of any interest or principal payments to the State of South Dakota on account of any bond or bonds heretofore or hereafter issued by such school district and which have been purchased with funds belonging to the permanent school fund, or whenever any school district shall permit any fund created or established for the retirement of such bonds to become impaired or depleted, the commissioner of school and public lands may in his discretion, direct the county treasurer of the county in which such school district is situated to withhold the distribution of the apportionment moneys provided for in §13-13-2 until such delinquent principal and interest is paid or until such fund is restored, as the case may be.
Source:
SL 1941, ch 73; SDC Supp 1960, §15.0109-1; SL 1975, ch 128, §79.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-4 - Sources of county general school fund.

13-13-4. Sources of county general school fund.
The county general school fund to be apportioned pursuant to §13-13-5 shall consist of the net proceeds of all fines for violation of state laws and any tax so designated in Title 10.
Source:
SDC 1939, §15.1603; SL 1975, ch 128, §80.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-5 - Report and distribution of county general school fund to school districts.

13-13-5. Report and distribution of county general school fund to school districts.
The county treasurer shall on or before the fifth day of January and July furnish the county auditor with a statement of all money in the county treasury belonging to the county general school fund and shall pay the money, upon the order of the auditor, to the public school districts having land area within the county in proportion to the average daily membership of children residing in the school districts as certified by the Department of Education.
Source:
SDC 1939, §15.1603; SL 1971, ch 105, §2; SL 1983, ch 125; SL 2010, ch 77, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-6 - Payment of tax collections to school districts--Receipt.

13-13-6. Payment of tax collections to school districts--Receipt.
The county treasurer shall also pay at such times as are required by law to the business manager of each school district all of the money collected for such school district and shall take duplicate receipts for the money paid. He shall send one of the receipts to the business manager of such school district.
Source:
SDC 1939, §15.1603; SL 1975, ch 128, §81.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-10.2 - Assessed value of property in tax increment financing district created before July 1, 2018--Districts created for industrial or economic development purposes.

13-13-10.2. Assessed value of property in tax increment financing district created before July 1, 2018--Districts created for industrial or economic development purposes.
The assessed value as determined in §13-13-10.1 of any property in a tax increment financing district formed on or before December 31, 1994, and created pursuant to chapter 11-9 is the tax increment base, as defined in §11-9-19 until the district ceases to exist as provided in §11-9-46. The assessed values, as determined in §13-13-10.1 of any property in a tax increment financing district formed after December 31, 1994, and created pursuant to chapter 11-9, is the total assessed value of the property determined by the Department of Revenue pursuant to §11-9-24, until the district ceases to exist as provided in §11-9-46. The provisions of this chapter do not apply to any tax increment financing district created after December 31, 1994, for industrial purposes. For the purposes of this chapter, the term, industrial, includes only those activities generally recognized as industrial by zoning authorities within the state, including any factory or any business engaged primarily in the manufacturing or assembly of goods, the processing of raw materials, and the wholesale distribution of products for resale. The provisions of this chapter do not apply to any tax increment financing district created after December 31, 2003, for economic development purposes. For the purposes of this chapter, the term, economic development, includes any area where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the land contained within the tax increment financing district.
This section applies to any tax increment financing district created before July 1, 2018.
Source:
SL 1993, ch 126; SL 1996, ch 69, §15; SL 2004, ch 126, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2018, ch 70, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-10.4 - Enrolled student defined.

13-13-10.4. Enrolled student defined.
For the purposes of §13-13-10.1, a student is enrolled if:
(1)The student is less than twenty-one years of age on the first day of July or meets the requirements of §13-28-5 and 13-28-6;
(2)The student has not completed an approved program or graduated from high school;
(3)The student's parent or guardian resides within the school district, or in the case of an emancipated minor the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in §13-28-40; and
(4)The student is not simultaneously enrolled in any other school district and has not been excused from school attendance under the terms of §13-27-1.1 or 13-27-2.
Source:
SL 2006, ch 77, §1; SL 2016, ch 83, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-10.5 - Student enrolled on partial basis--Effect on fall enrollment.

13-13-10.5. Student enrolled on partial basis--Effect on fall enrollment.
For purposes of state aid to education, a student enrolled pursuant to §13-28-41 or 13-28-51 shall be counted in a school's fall enrollment as defined in §13-13-10.1 in a proportion equal to the share of the student's enrollment in the school.
Source:
SL 2007, ch 101, §2; SL 2016, ch 83, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-10.8 - Assessed value of property in tax increment financing district created after June 30, 2018.

13-13-10.8. Assessed value of property in tax increment financing district created after June 30, 2018.
For purposes of this chapter, the assessed value of any real property in a tax increment financing district created pursuant to chapter 11-9 is the total assessed value of the real property as determined by the Department of Revenue pursuant to §11-9-24, until the tax increment financing district ceases to exist as provided in §11-9-46.
This section applies to tax increment financing districts created after June 30, 2018.
Source:
SL 2018, ch 70, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 13 - General State Aid To Schools › Section 13-13-10.9 - Tax increment financing districts created for industrial, economic development, or affordable housing purposes after June 30, 2018.

13-13-10.9. Tax increment financing districts created for industrial, economic development, or affordable housing purposes after June 30, 2018.
The provisions of subdivision 10-12-44(1) that require the county auditor to raise additional revenue from real property taxes for the general fund and special education fund of any school district located in a tax increment financing district and the provisions of §13-13-10.8, do not apply to any tax increment financing district created for industrial, economic development, or affordable housing purposes, as those terms are defined in §13-13-10.10.
For purposes of this chapter, the assessed value of any real property in a tax increment financing district created for industrial, economic development, or affordable housing purposes is the tax increment base as defined in §11-9-19.
This section applies to tax increment financing districts created after June 30, 2018.
Source:
SL 2018, ch 70, §3.