reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51 - Data reporting and record systems--Evaluation--Promulgation of rules--Exception.

13-3-51. Data reporting and record systems--Evaluation--Promulgation of rules--Exception.
The secretary of the Department of Education shall establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. Any school district or school seeking state accreditation shall submit enrollment data, personnel data, and shall verify all state and federal standards for accreditation and approval of schools, including those related to safety and educational equity of the school district or school by October fifteenth of each year. If the due date falls on a weekend or state holiday, the due date is the next business day following the scheduled due date. An annual written evaluation of the educational progress in the state and in each school district shall be submitted to the Legislature and shall be made available in each school district to the general public. The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to further define the data required pursuant to this section. However, nothing in this section authorizes the collection of information not necessary for the calculation of funding for public education, the determination of student academic progress, state and federal reporting requirements, or other duties prescribed to a school district, the department, or the South Dakota Board of Education Standards by law.
Source:
SDC 1939, §15.0904 (12); SL 1955, ch 41, ch 1, §3; SL 1957, ch 52, §4; SDC Supp 1960, §15.0905 (19); SDCL §13-1-13; SL 1975, ch 128, §17; SL 1997, ch 84, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2007, ch 83, §1; SL 2012, ch 88, §2; SL 2014, ch 76, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51.1 - Definitions regarding privacy of records.

13-3-51.1. Definitions regarding privacy of records.
Terms used in §§13-3-51.1 to 13-3-51.6, inclusive, mean:
(1)"Aggregate data," information from education records in which all personally identifiable information has been removed;
(2)"Department," the South Dakota Department of Education;
(3)"Disclosure," "education records," and "personally identifiable information," as defined in 34 C.F.R. §99.3, as amended to January 1, 2014;
(4)"Privacy protection laws," the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g), the Protection of Pupil Rights Amendment (20 U.S.C. 1232h), the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.), and any other state or federal law relating to the confidentiality and protection of personally identifiable information, as amended to January 1, 2014.
Source:
SL 2014, ch 76, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51.2 - Information not subject to survey, analysis, or evaluation without consent.

13-3-51.2. Information not subject to survey, analysis, or evaluation without consent.
No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning:
(1)Political affiliations or beliefs of the student or the student's parent;
(2)Mental or psychological problems or aspects of the student or the student's family;
(3)Sex behavior or attitudes of the student or the student's family;
(4)Illegal, anti-social, self-incriminating, or demeaning behavior;
(5)Critical appraisals of other individuals with whom respondents have close family relationships;
(6)Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7)Religious practices, affiliations, or beliefs of the student or student's parent;
(8)Personal or family gun ownership; or
(9)Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);
without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. The list of information in subdivisions (1) to (9), inclusive, is not an exclusive list. The secretary of the Department of Education may add to the list of information in subdivisions (1) to (9), inclusive, other data, facts, or information that is of a similar nature that a student may not be required to disclose.
The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.
Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. §1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.
Source:
SL 2014, ch 76, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51.3 - Prohibition against reporting personally identifiable information--Exception.

13-3-51.3. Prohibition against reporting personally identifiable information--Exception.
The department may not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education. However, this section does not apply to information required to be reported pursuant to 20 U.S.C. §6398 to improve programs for migrant students.
Source:
SL 2014, ch 76, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51.4 - Department to develop security measures to protect personally identifiable information.

13-3-51.4. Department to develop security measures to protect personally identifiable information.
Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collection, maintenance, or disclosure of education records by the department shall comply with privacy protection laws in all respects.
Source:
SL 2014, ch 76, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51.5 - Disclosure of aggregate data otherwise allowed.

13-3-51.5. Disclosure of aggregate data otherwise allowed.
Nothing in §§13-3-51 to 13-3-51.6, inclusive, prohibits the disclosure of aggregate data if otherwise allowed by privacy protection laws.
Source:
SL 2014, ch 76, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-51.6 - Disclosure of aggregate data necessary for impact aid.

13-3-51.6. Disclosure of aggregate data necessary for impact aid.
Nothing in §§13-3-51 to 13-3-51.5, inclusive, prohibits the disclosure of aggregate data necessary to make an application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act.
Source:
SL 2014, ch 76, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-55 - Academic achievement tests.

13-3-55. Academic achievement tests.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-55.2 - Parental inspection and review of academic achievement test assessment.

13-3-55.2. Parental inspection and review of academic achievement test assessment.
The parent of a student to whom an assessment is administered pursuant to §13-3-55 or the eligible student may request to inspect and review the assessment of the student after it is scored and the results are provided to the parent or eligible student. The parent or eligible student shall be provided with access to the assessment in a secured environment within a reasonable period of time, but not more than forty-five days after the request is received. The department, through its website, shall provide parents and school districts with information regarding the process and procedures for the inspection and review authorized in this section.
For the purposes of this section, the term, parent, and the term, eligible student, are as defined in 34 C.F.R. §99.3, as of January 1, 2016.
Source:
SL 2016, ch 81, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-56 - Test scores part of permanent record--Release of scores.

13-3-56. Test scores part of permanent record--Release of scores.
A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. Further release or use of a student's individual test scores is governed by the federal Family Educational Rights and Privacy Act (FERPA), as implemented in 34 CFR part 99, and may only occur with written permission from the student's parent or guardian or, in the case of an emancipated student, from the student.
Source:
SL 1997, ch 84, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-56.1 - Cheating on academic achievement test--Investigation.

13-3-56.1. Cheating on academic achievement test--Investigation.
If the superintendent of a school district has sufficient evidence that cheating occurred on a state-required academic achievement test, the superintendent of the school district shall investigate the circumstances. For the purposes of this section, cheating is the unauthorized acquiring of knowledge of the achievement test by a student or providing unauthorized access to secure test questions or tampering or altering of student answer sheets by school district personnel.
Source:
SL 2007, ch 85, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-56.2 - Report of investigation--Consequences of a determination of cheating.

13-3-56.2. Report of investigation--Consequences of a determination of cheating.
Following the investigation, the superintendent shall report the results of the investigation to the secretary of the Department of Education. Upon receiving the report, the secretary shall determine whether the alleged cheating occurred and, if so, if it was severe enough to affect the results of the achievement test. If the secretary finds that the cheating did occur, the affected score sheets may not count and shall be discarded. The secretary shall also determine if the cheating was severe enough to affect the school's adequate yearly progress under the terms of the state accountability system established pursuant to §13-3-62. If the cheating was severe enough to affect the school's adequate yearly progress, the secretary may determine that the school does not meet adequate yearly progress for that school year. The decision of the secretary regarding adequate yearly progress may be appealed to the South Dakota Board of Education Standards.
Source:
SL 2007, ch 85, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-60 - Department to analyze demographics of public education workforce.

13-3-60. Department to analyze demographics of public education workforce.
The Department of Education shall research and analyze the demographics of South Dakota's public education workforce, with an emphasis on the geographic distribution of K-12 teachers, their years of experience, years until retirement, and their areas of educational expertise. The department shall also research and analyze teacher vacancies by geographic location, areas of expertise, and compensation level.
Source:
SL 2000, ch 75, §3; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-61 - Biennial assessment to comply with federal law--Timing.

13-3-61. Biennial assessment to comply with federal law--Timing.
Each public school selected to participate in the biennial national assessment of educational progress shall do so pursuant to 20 U.S.C. §6311(c)(2) as in effect on January 1, 2003.
Source:
SL 2003, ch 89, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-62 - State accountability system established.

13-3-62. State accountability system established.
A single, statewide state accountability system is established. The system shall hold public schools accountable for the academic achievement of their students and shall ensure that all public schools make yearly progress in continuously and substantially improving the academic achievement of their students.
Source:
SL 2003, ch 90, §1; SL 2012, ch 89, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-63 - State accountability system based on standards approved by board--Annual academic indicators.

13-3-63. State accountability system based on standards approved by board--Annual academic indicators.
The state accountability system shall be based on the South Dakota Content Standards in reading and mathematics approved by the South Dakota Board of Education Standards. The yearly progress of students shall be measured by the state academic assessments as may be prescribed by the Legislature, and shall take into account the achievement of all public elementary school and secondary school students in reading and mathematics annually. Additional indicators established pursuant to §13-3-69 shall be used in the measurement of yearly progress.
Source:
SL 2003, ch 90, §2; SL 2012, ch 89, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-64 - Comparison of students to state's proficient level of academic achievement--Continuous and substantial academic improvement.

13-3-64. Comparison of students to state's proficient level of academic achievement--Continuous and substantial academic improvement.
The state accountability system shall measure whether all students meet or exceed the state's proficient level of academic achievement. Multiple indicators shall be established to indicate continuous and substantial academic improvement of the achievement of all public school students as well as sub-groups of public school students, including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency.
Source:
SL 2003, ch 90, §3; SL 2012, ch 89, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-65 - Annual determination of each school's progress.

13-3-65. Annual determination of each school's progress.
The state accountability system shall determine annually the progress of each public school, including the annual progress of sub-groups of students, using annual assessment data and data from additional academic indicators.
Source:
SL 2003, ch 90, §4; SL 2012, ch 89, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-66 - Achievement standards established.

13-3-66. Achievement standards established.
Four levels of academic achievement shall be defined, including a proficient level, and shall be known as South Dakota's achievement standards. The four levels shall be used to categorize public schools and public school districts based on the comparison of their achievement levels in mathematics and reading to the state's annual objectives.
Source:
SL 2003, ch 90, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-67 - Interventions--Ranking.

13-3-67. Interventions--Ranking.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-68 - Department of Education to implement and administer state accountability system.

13-3-68. Department of Education to implement and administer state accountability system.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-69 - Promulgation of rules to establish state accountability system.

13-3-69. Promulgation of rules to establish state accountability system.
The South Dakota Board of Education Standards may promulgate administrative rules pursuant to chapter 1-26 to establish the state accountability system based on achievement and other indicators including:
(1)A definition of academic progress;
(2)The method of calculating yearly progress in mathematics and reading for all public schools, including methods for determining both the status and growth;
(3)A definition of four levels of student achievement, including a proficient level;
(4)Determination of cut scores in mathematics and reading for each level of student achievement;
(5)Establishment of the measurable objectives for academic progress;
(6)Establishment of a system of sanctions, rewards, and recognition;
(7)Establishment of the process for teacher and principal evaluation;
(8)Determination of the criteria to demonstrate student preparedness for college and career for each public high school;
(9)Determination of the method for calculating the attendance rate for each public elementary and middle school;
(10)Establishment of an appeal process for public schools; and
(11)Establishment of a process whereby the state accountability system will be periodically reviewed.
Source:
SL 2003, ch 90, §8; SL 2012, ch 89, §6; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-84 - Partially enrolled student required to take academic achievement test.

13-3-84. Partially enrolled student required to take academic achievement test.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-89 - Public hearings prior to adoption of content standards--Quorum.

13-3-89. Public hearings prior to adoption of content standards--Quorum.
The Board of Education Standards, prior to adopting content standards pursuant to §13-3-48, shall conduct, over a period of no less than six months, at least four public hearings. The purpose of the hearings is to give members of the public the opportunity to provide input to the board on whether the standards being proposed should be adopted and implemented in South Dakota. The board shall conduct at least one of the public hearings in each of the following cities: Aberdeen, Pierre, Rapid City, and Sioux Falls. No public hearing required pursuant to this section is valid unless a quorum of the board is physically present at each of these public hearings.
Source:
SL 2012, ch 90, §1; SL 2014, ch 75, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-90 - Notice of intent to receive public comment and testimony--Notice of hearings.

13-3-90. Notice of intent to receive public comment and testimony--Notice of hearings.
In addition to complying with the requirements of chapter 1-25, the Board of Education Standards shall, at least thirty days prior to each public hearing, publish notice of the intent to receive public comment and testimony concerning the adoption and implementation of content standards in at least three newspapers of general circulation in different parts of the state, post the notice on the board's website, and provide the notice, via United States mail or e-mail, to each person who has, in writing, via United States mail or e-mail, requested notice of the hearings referenced in §13-3-89.
Source:
SL 2014, ch 75, §3; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-91 - Cardiopulmonary resuscitation skills to be included in school curriculum.

13-3-91. Cardiopulmonary resuscitation skills to be included in school curriculum.
The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.
Source:
SL 2014, ch 79, §1; SL 2017, ch 75, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-92 - Cardiopulmonary resuscitation training resources.

13-3-92. Cardiopulmonary resuscitation training resources.
Any training resources the secretary of education recommends pursuant to §13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.
Source:
SL 2014, ch 79, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-93 - Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature.

13-3-93. Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature.
The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what period of time, and in connection with what course of instruction, if any, the training is offered. The secretary shall submit a report of the results of this data collection to the Senate and House standing committees on education and health and human services no later than December 1 of each year.
Source:
SL 2014, ch 79, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-94 - Programs that may be used for cardiopulmonary resuscitation instruction.

13-3-94. Programs that may be used for cardiopulmonary resuscitation instruction.
To provide the instruction required in §13-3-91, the school board or governing body shall use either of the following:
(1)An instructional program developed by the American Heart Association or the American Red Cross; or
(2)An instructional program that is nationally recognized and based on the most current American Heart Association guidelines for CPR and emergency cardiovascular care.
The psychomotor skills necessary to perform hands-only CPR and awareness in the use of an AED shall be incorporated into the instruction.
For the purposes of this section, the term, psychomotor skills, means the use of hands-on practicing to support cognitive learning.
Source:
SL 2017, ch 75, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-95 - CPR and AED instructors.

13-3-95. CPR and AED instructors.
A certified teacher is not required to be an authorized CPR or AED instructor to facilitate, provide, or oversee the instruction required in §13-3-94. However, any CPR course that results in the students earning a CPR course completion card shall be taught by an authorized CPR or AED instructor.
Source:
SL 2017, ch 75, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-96 - Annual survey of schools.

13-3-96. Annual survey of schools.
The Department of Education shall annually conduct a survey of each applicable school to determine compliance with the requirements of §§13-3-91, 13-3-94, and 13-3-95.
Source:
SL 2017, ch 75, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 03 - Duties Of Secretary Of Education › Section 13-3-97 - Waivers that affect school accountability.

13-3-97. Waivers that affect school accountability.
If United States Department of Education waivers that affect school accountability calculations are in place due to a nationally declared emergency, the secretary of education may waive compliance with §§ 13-3-55 and 13-3-62 to 13-3-65, inclusive, through December 31, 2024.
Source:
SL 2021, ch 71, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-1 - School districts defined--General corporate and proprietary powers.

13-5-1. School districts defined--General corporate and proprietary powers.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-2 - Types of school districts abolished--New boards for former superimposed districts.

13-5-2. Types of school districts abolished--New boards for former superimposed districts.
All types of school districts existing before July 1, 1976, are hereby abolished. Each independent and superimposed school district with its present boundaries shall hereby become a school district as defined in this chapter. Board members of former independent school districts shall continue to serve until their terms expire except the former superimposed school districts shall constitute a new school district entity and the election of a new school board shall occur as provided in chapter 13-6.
Source:
SDC 1939, §15.2001; SL 1955, ch 41, ch 8, §2; SDC Supp 1960, §15.2002; SL 1963, ch 69, §2; SL 1974, ch 125, §1; SL 1975, ch 128, §27.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-14 - School districts overlapping county boundaries--County determined by residence of majority.

13-5-14. School districts overlapping county boundaries--County determined by residence of majority.
For the purposes of this title, a school district which overlaps boundaries of a county is considered to be in that county where the majority of the children belonging to the district reside as determined by the fall submission of student enrollment data, and when once established, the district shall so remain until the boundaries thereof shall be changed under other provisions of this title. However, any disputes arising under the provisions of §13-5-1 or 13-5-2, or this section, shall be determined by the South Dakota Board of Education Standards.
Source:
SL 1955, ch 41, ch 8, §2; SDC Supp 1960, §15.2002; SL 1963, ch 69, §2; SL 2012, ch 88, §3; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-15 - School districts as corporations--Form of name.

13-5-15. School districts as corporations--Form of name.
Every school district shall constitute a school corporation under the name of "__________ School District, No. __________ of __________ County, South Dakota."
Source:
SDC 1939, §15.2303; SL 1955, ch 41, ch 8, §3; SDC Supp 1960, §15.2003; SL 1963, ch 69, §3; SL 1974, ch 125, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-16 - Naming and numbering of school districts.

13-5-16. Naming and numbering of school districts.
The first blank in the name of the school district as prescribed by §13-5-15 shall be filled by the name which the district had previous to the adoption of this chapter. For all school districts newly created the first blank shall be filled by the name of any municipal corporation which might be within the district; or if the school district has similar boundaries as a county or township, the name of the county or township shall be inserted in the blank. If the district fits none of these situations, a suitable name shall be selected by the school board of the district. The blank preceding the word "county" shall be the name of the county in which the school district is located.
The number of the school district shall be determined by the secretary of the Department of Education.
Source:
SL 1955, ch 41, ch 8, §3; SDC Supp 1960, §15.2003; SL 1971, ch 101, §1; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-17 - Recording of school district names, numbers and boundaries--Duplicate names prohibited.

13-5-17. Recording of school district names, numbers and boundaries--Duplicate names prohibited.
Each school district name and number and a description of the district's boundaries shall be recorded in the office of the secretary of the Department of Education. The secretary shall refuse to record as the name of any district a name which has been previously chosen and recorded by another district in the same county.
Source:
SL 1955, ch 41, ch 8, §3; SDC Supp 1960, §15.2003; SL 1971, ch 101, §2; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-17.1 - Change of name of school district--Petition--Notice--Hearing--Report of new name to secretary.

13-5-17.1. Change of name of school district--Petition--Notice--Hearing--Report of new name to secretary.
A school board may propose to change the name of the school district or the residents of a school district may propose to change the name of a school district by submitting to the school board a petition signed by fifteen percent of the registered voters of the school district. A petition to change the name of a school district shall state the reason for the name change and the proposed name for the school district. The school board shall hold a hearing on the proposed name change after publishing a notice of the hearing in the legal newspaper for the school district once a week for two consecutive weeks. The notice shall state the time and place for the hearing, the reason for the hearing and the proposed name for the school district. At the hearing on the proposed name change, the school board shall allow all interested residents of the school district a reasonable opportunity to testify, either orally or in writing or both at the hearing. After the hearing, the school board shall consider the testimony regarding the proposed name change, and if the proposed name change is in the best interest of the school district and no other school district in the state has the same name, the school board shall change the name of the school district. The school board shall report the new name for the school district to the secretary.
Source:
SL 1988, ch 135.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-29 - Vested contract rights not impaired.

13-5-29. Vested contract rights not impaired.
None of the provisions of this title shall in any manner be construed to abrogate or impair any vested rights under any preexisting contract.
Source:
SL 1955, ch 41, ch 18, §3; SDC Supp 1960, §15.4003.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-31 - Cooperative educational service units.

13-5-31. Cooperative educational service units.
A cooperative education service unit is a legal entity. It is the intent of the Legislature to encourage maximum utilization of cooperative efforts among school districts in an effort to maximize educational excellence in this state and to permit cooperative efforts between schools which are not adjacent to one another. A cooperative service unit may provide academic educational resources, human resources, special education services, payroll services, cooperative purchasing, workers' compensation, group health insurance, and other services deemed appropriate by a majority vote of the governing board and in keeping with the laws of the State of South Dakota.
Source:
SL 1980, ch 119, §1; SL 1985, ch 129, §5; SL 1986, ch 122, §§1, 7; SL 1995, ch 87, §11; SL 1996, ch 100.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-32 - Cooperative educational service units--Powers--Authorization to issue notes.

13-5-32. Cooperative educational service units--Powers--Authorization to issue notes.
A cooperative educational service unit may carry out the services stated in the cooperative agreement but may not levy taxes or issue bonds. However, a cooperative educational service unit may issue notes to be sold to the health and educational facilities authority or otherwise borrow money in connection with a program sponsored by the health and educational facilities authority pursuant to §1-16A-75.
Source:
SL 1980, ch 119, §2; SL 1991, ch 124, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-32.1 - Cooperative educational service units--Purpose--Acquiring, leasing and selling real and personal property--Agreement establishing units.

13-5-32.1. Cooperative educational service units--Purpose--Acquiring, leasing and selling real and personal property--Agreement establishing units.
Cooperative educational service units shall serve the public purpose of providing services to member districts and any other public or private entities deemed appropriate by a majority vote of the cooperative's governing board.
Each cooperative educational service unit shall be established pursuant to an agreement among participating districts, which entitles each to appoint at least one of its school board members to the governing board of the cooperative educational service unit and establishes that control of the cooperative educational service unit is vested in the participating districts through such appointments.
Each cooperative educational service unit may acquire, lease, and sell real and personal property as provided in the agreement establishing the unit.
The agreement which established a cooperative educational service unit shall provide for the applicable procedures for dissolution of the unit. Whether or not included in any such agreement, the procedures shall be subject to the statutory requirements that no earnings of the cooperative educational service unit may inure to the benefit of any private person and upon dissolution of any such unit, title to all property shall revert to one or more participating districts.
Source:
SL 1991, ch 124, §3; SL 1995, ch 87, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-33 - Cooperative educational service units--Compliance with school district requirements and budget procedures.

13-5-33. Cooperative educational service units--Compliance with school district requirements and budget procedures.
Cooperative service units created pursuant to this chapter shall comply with school district requirements regarding bookkeeping, record maintenance, board meetings, publication of minutes, health and safety requirements, bid laws. Cooperative service units shall comply with budget procedures, except no tax levy may be transmitted to the county commissioners.
Source:
SL 1986, ch 123; SL 1995, ch 87, §13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-33.1 - Limitations on authority of cooperative educational service units to issue notes.

13-5-33.1. Limitations on authority of cooperative educational service units to issue notes.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-33.2 - Cooperative education service units to file annual audit and disclosure statements.

13-5-33.2. Cooperative education service units to file annual audit and disclosure statements.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-34 - Application procedure by school district for waiver from compliance with administrative rules--School reform plan.

13-5-34. Application procedure by school district for waiver from compliance with administrative rules--School reform plan.
School districts may apply for waivers from compliance with state administrative rules which a majority of the local school board agrees limit its ability to make specified reforms and are unnecessary for maintaining the quality of education within the school district. Prior to applying for the waivers, the school district shall hold a public hearing within the district to seek public comment on its school reform plan and the waivers being sought. A list of the waivers being sought and justification for each shall be submitted to the Department of Education at least sixty days before the date that waivers are to occur. The request for waiver shall provide a method for evaluation which includes the involvement of students, parents, teachers, and administrators. The secretary of the Department of Education may approve waivers of up to four years. Any district which is aggrieved by a decision of the secretary of the Department of Education may, within thirty days, appeal to the South Dakota Board of Education Standards pursuant to chapter 1-26.
The South Dakota Board of Education Standards may promulgate rules, pursuant to chapter 1-26, to establish standards for waivers, reform plans, approval process, and rescission procedures.
Source:
SL 1990, ch 122, §8; SL 1993, ch 123; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 05 - Types And Organization Of School Districts › Section 13-5-35 - Formation of new school district--Requirements.

13-5-35. Formation of new school district--Requirements.
No school district may be formed after July 1, 1998, unless it operates both an elementary and a secondary school within the boundaries of the district.
Source:
SL 1998, ch 89, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 06 - School District Reorganization › Section 13-6-1 - Definition of terms.

13-6-1. Definition of terms.
Terms used in this chapter mean:
(1)"Joint district," a school district having territory in two or more adjoining counties. Jurisdiction within a joint district is determined as provided in §13-5-14;
(2)"Party," any person or municipality interested in any proceedings under the provisions of this chapter;
(3)"Plan," a plan proposing the formation or elimination of one or more school district entities;
(4)"Reorganization," the formation, consolidation, or subdivision of school districts;
(5)"Requirements and limitations for reorganization," those requirements and limitations provided by law;
(6)"State board," the South Dakota Board of Education Standards;
(7)"Consolidation," the combining of two or more districts in which a new district and school board are created.
Source:
SL 1951, ch 81, §3; SL 1955, ch 41, ch 8, §1; SDC Supp 1960, §15.2001; SL 1961, ch 69; SL 1969, ch 43, §1; SL 1971, ch 103, §17; SL 1973, ch 85, §2; SL 1982, ch 133, §1; SL 2003, ch 92, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 06 - School District Reorganization › Section 13-6-1.1 - Validation of past reorganization proceedings--Disputed proceedings excepted.

13-6-1.1. Validation of past reorganization proceedings--Disputed proceedings excepted.
All proceedings for the reorganization of school districts prior to July 1, 1992, are hereby declared legal and valid, notwithstanding any irregularity or defect, other than a constitutional defect, in the reorganization or creation of such school districts. However, the validation does not apply to acts and proceedings which were, on July 1, 1993, in dispute and pending as litigation in courts of competent jurisdiction pursuant to the provisions of this chapter. The validation does not apply to any decision, order, or directive if the time for appeal had not expired on July 1, 1993, and an appeal is perfected.
Source:
SL 1963, ch 473, §§1, 3; SL 1967, ch 40, §2; SDCL, §§13-6-37, 13-6-90; SL 1973, ch 85, §16; SL 1975, ch 128, §28; SL 1977, ch 115, §1; SL 1996, ch 101.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 06 - School District Reorganization › Section 13-6-2 - Legislative policy.

13-6-2. Legislative policy.
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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 06 - School District Reorganization › Section 13-6-3.2 - Record of proceedings kept by county commissioners--Plats transmitted to secretary.

13-6-3.2. Record of proceedings kept by county commissioners--Plats transmitted to secretary.
It shall be the duty of the board of county commissioners to preserve and maintain a complete record of all proceedings at the county level relating to the establishment, division, consolidation, or any change of boundaries of school districts, and promptly transmit to the secretary of the Department of Education a correct plat showing any changes in the boundaries of any school district in accordance with the instructions of the secretary of the Department of Education.
Source:
SDCL, §13-6-3 as enacted by SL 1973, ch 85, §4; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 06 - School District Reorganization › Section 13-6-3.3 - Public officials to make available information from public records.

13-6-3.3. Public officials to make available information from public records.
Upon request, state, county, and school district officials shall make available to the members of planning committees and other school boards and the secretary of the Department of Education such information from public records in their possession as is essential to them in the performance of their duties as set forth in this chapter.
Source:
SL 1955, ch 41, ch 8, §7; SL 1957, ch 61; SL 1959, ch 61, §1; SDC Supp 1960, §15.2007 (6); SDCL, §13-6-25; SL 1973, ch 85, §15; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 06 - School District Reorganization › Section 13-6-4 - Requirements for school district reorganization.

13-6-4. Requirements for school district reorganization.
Reorganization of school districts shall meet the requirements set forth in §13-6-7 and the standards for proposed school districts as adopted by the South Dakota Board of Education Standards.
Source:
SL 1955, ch 41, ch 8, §5; SL 1959, ch 60, §1; SDC Supp 1960, §15.2005; SL 1967, ch 38, §3; SL 1973, ch 85, §5; SL 2017, ch 81, §57; SL 2019, ch 81, §1.