reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-6 - Administration of epinephrine auto-injector.

13-33A-6. Administration of epinephrine auto-injector.
Any school nurse or other designated school personnel, upon authorization by the governing school body, may:
(1)Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school;
(2)Administer an epinephrine auto-injector to any student during school hours if the school nurse or designated school personnel believe that the student is experiencing anaphylaxis in accordance with a standing protocol from an authorized health care provider, regardless of whether a student has a prescription for an epinephrine auto-injector or has been diagnosed with an allergy.
Source:
SL 2014, ch 89, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-7 - Training for epinephrine auto-injector administration.

13-33A-7. Training for epinephrine auto-injector administration.
Prior to administering an epinephrine auto-injector made available by the school, each designated school personnel shall be trained by a licensed health care professional:
(1)To recognize the symptoms of a severe allergy or anaphylactic reaction;
(2)To know the procedure for the administration of an epinephrine auto-injector;
(3)To know the procedure for storage of an epinephrine auto-injector; and
(4)To know the emergency care and aftercare for a student who has an allergic or anaphylactic reaction.
Source:
SL 2014, ch 89, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-8 - Immunity from liability--Administering epinephrine.

13-33A-8. Immunity from liability--Administering epinephrine.
No school district, administrator, school board, school nurse, or designated school personnel that possess or make available epinephrine auto-injectors pursuant to §§13-33A-4 to 13-33A-8, inclusive; authorized health care provider that prescribes epinephrine auto-injectors to a school; or a health care professional that provides training pursuant to §13-33A-7 may be held liable for any injury or related damage that results from the administration of, self-administration of, or failure to administer an epinephrine auto-injector that may constitute ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an epinephrine auto-injector in accordance with the provisions of §§13-33A-4 to 13-33A-8, inclusive, does not constitute the practice of medicine. The immunity from liability provided under this section is in addition to, not in lieu of, that provided in any other law.
Source:
SL 2014, ch 89, §5; SL 2021, ch 73, § 10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-9 - Possession and administration of opioid antagonists by school personnel.

13-33A-9. Possession and administration of opioid antagonists by school personnel.
The governing board of a school district and the governing board of a nonpublic school may acquire opioid antagonists in accordance with current state law and administrative rule, and make the medication available to personnel who are trained in accordance with §13-33A-10.
Source:
SL 2019, ch 84, §1, eff. Mar. 11, 2019.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-10 - Training on administration of opioid antagonists.

13-33A-10. Training on administration of opioid antagonists.
Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include:
(1)Symptoms of an opiate overdose;
(2)Protocols and procedures for administering an opioid antagonist;
(3)Symptoms of adverse responses to an opioid antagonist;
(4)Protocols and procedures for stabilizing the patient if an adverse response occurs; and
(5)Procedures for transporting, storing, and securing an opioid antagonist.
Source:
SL 2019, ch 84, §2, eff. Mar. 11, 2019.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-11 - Immunity from liability for injuries or damage associated with administration of opioid antagonists.

13-33A-11. Immunity from liability for injuries or damage associated with administration of opioid antagonists.
No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any injury or related damage that results from the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes, ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an opioid antagonist does not constitute the practice of medicine. The immunity provided under this section is in addition to, and not in lieu of, any other immunity provided by law.
Source:
SL 2019, ch 84, §3, eff. Mar. 11, 2019.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-2 - Consideration of pupil's specific communication needs.

13-33B-2. Consideration of pupil's specific communication needs.
The individualized education program shall consider the specific communication needs of the pupil, including all of the following:
(1)The pupil's individual communication mode and language;
(2)A sufficient number of age, cognitive, and language peers of similar abilities. However, nothing in this subdivision may be construed to require that a specific number of peers be provided;
(3)Appropriate, direct, and ongoing language access to special education teachers and interpreters and other specialists who are proficient in the pupil's primary language mode; and
(4)Language accessible services and school and extracurricular activities.
Source:
SL 1993, ch 143, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-3 - Placement of deaf and hard of hearing children.

13-33B-3. Placement of deaf and hard of hearing children.
In considering placement and the least restrictive environment for a deaf or hard-of-hearing student, the individualized education program team shall consider the unique communications needs of the student, in accordance with §13-33B-2. In making that determination, the individualized education program team shall consider program options that provide the student with an appropriate and equal opportunity for communication access, including those available through South Dakota Services for the Deaf.
Source: SL 1993, ch 143, §3; SL 2023, ch 62, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-4 - Definitions.

13-33B-4. Definitions.
Terms used in this chapter, mean:
(1)"ASL," American sign language;
(2)"Department," the Department of Education;
(3)"English," spoken English, written English, or English with the use of visual supplements;
(4)"IEP," individualized education program as used in §13-33B-2;
(5)"IFSP," individualized family service plan as used in 20 USC §1436;
(6)"Language developmental milestones," milestones of development aligned with existing state instruments used to meet the federal requirements for the assessment of children from birth to age five, inclusive.
Source:
SL 2018, ch 100, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-5 - Resource for parents to monitor and track deaf and hard-of-hearing children's language acquisition.

13-33B-5. Resource for parents to monitor and track deaf and hard-of-hearing children's language acquisition.
The department shall incorporate language developmental milestones set, pursuant to the process specified in §13-33B-8, for the purpose of developing a resource for parents to monitor and track deaf and hard-of-hearing children's expressive and receptive language acquisition and developmental stages toward English literacy. The parent resource shall:
(1)Include language and developmental milestones selected pursuant to §13-33B-8;
(2)Be appropriate for use, in both content and administration, with deaf and hard-of-hearing children from birth to five years of age, inclusive, who use English or ASL, or both;
(3)Present developmental milestones in terms of typical development of all children, by age range;
(4)Written in a way parents can use clearly and easily;
(5)Align to the state's early learning guidelines and state standards in English language arts;
(6)Make clear that the parent resource is not a formal assessment of language and literacy development and that a parent's observations of the parent's children may differ from the formal assessment data presented at an IFSP or IEP meeting; and
(7)Make clear the parent may bring the parent resource to an IFSP or IEP meeting for the purpose of sharing the parent's observations about the child's development.
Source:
SL 2018, ch 100, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-6 - Tools to assess language and literacy development of deaf and hard-of-hearing children.

13-33B-6. Tools to assess language and literacy development of deaf and hard-of-hearing children.
The advisory committee established pursuant to §13-33B-9 shall recommend tools or assessments to assess the language and literacy development of deaf and hard-of-hearing children. The tools or assessments shall be:
(1)In a format that shows the stages of language development;
(2)Selected for use by educators to track the development of deaf and hard-of-hearing children's expressive and receptive language acquisition and developmental stages toward English literacy;
(3)Selected from existing tools or assessments used to assess the development of all children from birth to five years of age; and
(4)Appropriate, in both content and administration, for use with deaf and hard-of-hearing children.
The tools or assessments may be used by the child's IFSP or IEP team to track the deaf or hard-of-hearing child's progress and to establish or modify IFSP or IEP.
Source:
SL 2018, ch 100, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-7 - Dissemination of parent resource--Strategies to assist child's success.

13-33B-7. Dissemination of parent resource--Strategies to assist child's success.
The department shall disseminate the parent resource developed pursuant to §13-33B-5 to parents and guardians of deaf and hard-of-hearing children. If a deaf or hard-of-hearing child does not demonstrate progress in expressive and receptive language skills the child's IFSP or IEP team shall recommend specific strategies, services, and programs to assist the child's success toward English literacy.
Source:
SL 2018, ch 100, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-8 - Information to be provided to advisory committee--Language developmental milestones to be included in parent resource.

13-33B-8. Information to be provided to advisory committee--Language developmental milestones to be included in parent resource.
Before March 1, 2019, the department shall provide the advisory committee established pursuant to §13-33B-9 with a list of existing language developmental milestones from existing standardized norms, along with any relevant information held by the department regarding those language developmental milestones for possible inclusion in the development of a parent resource pursuant to §13-33B-5. The language developmental milestones shall align to the state's early learning guidelines, and the state standards in English language arts. Before June 1, 2019, the advisory committee shall set language developmental milestones for inclusion in the parent resource created pursuant to §13-33B-5.
Source:
SL 2018, ch 100, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-9 - Advisory committee--Members--Duties.

13-33B-9. Advisory committee--Members--Duties.
The administrator of South Dakota Services for the Deaf shall establish an advisory committee to solicit input from experts on the selection of language developmental milestones for children who are deaf or hard-of-hearing that are equivalent to milestones for children who are not deaf or hard-of-hearing, for inclusion in the parent resource pursuant to §§13-33B-5 and 13-33B-7.
The advisory committee may also make recommendations on the selection and administration of the educator tools or assessments referenced in §13-33B-6.
The advisory committee shall consist of at least nine but no more than fifteen volunteers, at least four of whom are deaf or hard-of-hearing, and all of whom practice within the fields of education or services for the deaf or hard-of-hearing. The advisory committee must include:
(1)A parent of a child who is deaf or hard-of-hearing, who uses both ASL and English;
(2)A parent of a child who is deaf or hard-of-hearing, who uses only spoken English, with or without visual supplements;
(3)A parent of a child who is Deaf-Plus;
(4)A representative from South Dakota Services for the Deaf, who is fluent in both ASL and English;
(5)A representative from the Department of Education; and
(6)At least four members who may be any of the following:
(a)An expert who researches language outcomes for deaf or hard-of-hearing children, using ASL and English;
(b)A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in ASL and English;
(c)A credentialed teacher of deaf or hard-of-hearing students, with expertise in curriculum and instruction in spoken English, with or without visual supplements;
(d)An advocate from an association in this state that represents the deaf and advocates for teaching, using both ASL and English;
(e)An early intervention specialist who works with deaf or hard-of-hearing infants and toddlers, using both ASL and English;
(f)A credentialed teacher of deaf or hard-of-hearing students, with expertise in ASL and English language assessments;
(g)A representative from a parent training information center in this state;
(h)A representative from an organization that provides communication services for the deaf;
(i)A psychologist who has expertise in assessing deaf or hard-of-hearing children and is fluent in ASL and English;
(j)A speech language pathologist; or
(k)A pediatric audiologist.
The committee may advise the department on the content and administration of instruments used to assess the language development and literacy development of deaf or hard-of-hearing children, to ensure the appropriate use of the instruments with deaf or hard-of-hearing children.
The committee may make recommendations regarding future research to improve the measurement of progress of deaf or hard-of-hearing children, in language and literacy.
Source: SL 2018, ch 100, §6; SL 2023, ch 62, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-10 - Reporting criteria specific to language and literacy development.

13-33B-10. Reporting criteria specific to language and literacy development.
Before August 1, 2020, the department shall establish reporting criteria, using existing data reported in compliance with the federally required state performance plan on students with disabilities, that is specific to language and literacy development of deaf and hard-of-hearing children from birth to five years of age, inclusive.
Beginning on July 1, 2021, in conjunction with the department's annual collection of data on children with disabilities served, the department shall also annually report the number of enrolled students from birth to age twenty-one, regardless of disability status, who have a documented hearing loss of thirty-five decibels or more, unaided unilaterally or bilaterally.
Source:
SL 2018, ch 100, §7; SL 2020, ch 58, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33B - Programs For Deaf And Hard-Of-Hearing Children › Section 13-33B-11 - Implementation and application of §§13-33B-4 to 13-33B-10.

13-33B-11. Implementation and application of §§13-33B-4 to 13-33B-10.
The implementation of §§13-33B-4 to 13-33B-10, inclusive, shall be consistent with federal law regarding the education of children with disabilities and the privacy of student information. Sections 13-33B-4 to 13-33B-9, inclusive, only apply to children from birth to five years of age.
Source:
SL 2018, ch 100, §8; SL 2020, ch 58, § 2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 34 - Textbooks › Section 13-34-23 - Loan of textbooks--Textbooks defined.

13-34-23. Loan of textbooks--Textbooks defined.
Each public school board shall loan without charge to all persons ages five through nineteen who are either enrolled in a public school, or a nonpublic school, or who are engaged in a course of instruction pursuant to §13-27-3, within the school district under such board's jurisdiction or who are residing in such district but are not enrolled in any such school or engaged in any such course of instruction, such nonsectarian textbooks designed for individual use as are normally furnished by such school board to individual students enrolled in the public schools of the district under such board's jurisdiction. For the purposes of this chapter, textbooks are any instructional materials that constitute the principal source of teaching and learning for a given course of study including print and digital materials, but not including any computer hardware. All such textbooks shall be approved by the respective school boards.
Source:
SL 1987, ch 142, §1; SL 2012, ch 97, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 34 - Textbooks › Section 13-34-24 - Persons enrolled in schools operated by government entity other than local school district excepted.

13-34-24. Persons enrolled in schools operated by government entity other than local school district excepted.
The provisions of §§13-34-23 to 13-34-25, inclusive, do not apply to persons enrolled in schools operated, contracted, or primarily supported by any governmental entity other than the local school district.
Source:
SL 1987, ch 142, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 34 - Textbooks › Section 13-34-25 - Representation of school board, board member or school district by attorney general.

13-34-25. Representation of school board, board member or school district by attorney general.
If any school board, school board member or school district is sued regarding the implementation of §13-34-23 or 13-34-24, the attorney general shall represent the school board, school board member or school district at no cost to the school board, school board member or school district.
Source:
SL 1987, ch 142, §1A.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-1 - Establishment of programs by districts.

13-35-1. Establishment of programs by districts.
School districts and other agencies eligible under Title 42 United States Code §§1751 to 1769, inclusive, and §§1771 to 1785, inclusive, the National School Lunch Act and the Child Nutrition Act of 1966, may enter into contractual agreements with the Department of Education for the purpose of establishing school food services programs. The agreements and the operation of such programs are subject to the provisions of this chapter and the rules for school food services programs as adopted by the South Dakota Board of Education Standards.
Source:
SL 1955, ch 41, ch 11, §8; SDC Supp 1960, §15.2108; SL 1975, ch 128, §221; SL 1997, ch 101, §1; SL 2010, ch 77, §8; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-2 - Charges for meals.

13-35-2. Charges for meals.
Pupils and employed personnel of the school district or other agencies contracting with the Department of Education, who are fed through a school food services program may be charged for meals.
Source:
SL 1955, ch 41, ch 11, §8; SDC Supp 1960, §15.2108 (1); SL 1971, ch 121, §1; SL 1975, ch 128, §222; SL 2010, ch 77, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-3 - Sales tax exemption.

13-35-3. Sales tax exemption.
The school district shall be exempt from paying the retail occupational sales tax in purchasing food and supplies for the school food services programs and meals served from such food shall be exempt from sales tax.
Source:
SL 1955, ch 41, ch 11, §8; SDC Supp 1960, §15.2108 (4); SL 1975, ch 128, §223.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-4 - Cost accounting system.

13-35-4. Cost accounting system.
A system of cost accounting shall be established by each contracting agency for the school food services programs, in accordance with the accounting system established by the Department of Legislative Audit with the assistance of the Department of Education.
Source:
SL 1955, ch 41, ch 11, §8; SDC Supp 1960, §15.2108 (2); SL 1971, ch 121, §2; SL 1975, ch 128, §224; SL 2010, ch 77, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-5 - Accounting for funds.

13-35-5. Accounting for funds.
School districts shall account for such funds within the authorized fund structure as provided in chapter 13-16.
Source:
SL 1955, ch 41, ch 11, §8; SDC Supp 1960, §15.2108 (3); SL 1975, ch 128, §225.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-6 - Extension of food services program to elderly persons.

13-35-6. Extension of food services program to elderly persons.
Any school district contracting with the Department of Education to establish school food services programs pursuant to this chapter may extend such program for the purpose of serving nutritionally sound meals to eligible elderly persons at a place or places in a manner as determined by the school board.
Source:
SL 1973, ch 107, §1; SL 1975, ch 128, §226; SL 2010, ch 77, §11.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 35 - School Food Services Programs › Section 13-35-7 - State health inspection requirements.

13-35-7. State health inspection requirements.
Any site operated for the preparation of meals for children as part of a school food service program shall have a minimum of two state health inspections every school year.
Source:
SL 1999, ch 89, §1; SL 2008, ch 83, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-5 - Annual audit of high school activities association--Payment--Report.

13-36-5. Annual audit of high school activities association--Payment--Report.
Any association exercising the grant of authority contained in §13-36-4 to regulate public and nonpublic schools shall be audited annually by the State Department of Legislative Audit and a report of such audit shall be made to the Legislature. The association shall pay for the audit at the rate prescribed by §4-11-18.
Source:
SL 1974, ch 135; SL 1975, ch 128, §228.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-7 - Participation in interscholastic activities--Eligibility.

13-36-7. Participation in interscholastic activities--Eligibility.
Any student enrolling in a South Dakota district pursuant to §13-15-21 is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association.
Each public school district shall allow participation in athletics, fine arts, or activities for a child being provided alternative instruction pursuant to §13-27-3 within the district in which the child resides. The parent, guardian, or other person in control of a child being provided alternative instruction shall submit proof of age when participating in athletics, fine arts, or activities. Any child being provided with alternative instruction and participating in South Dakota High School Activities Association activities shall be held to the same local training rules and South Dakota High School Activities Association transfer and non-academic eligibility rules as enrolled students.
Pursuant to §13-27-3 and before the current season of the sport or activity the alternative instruction child is participating in, the parent, guardian, or other person in control of a child being provided alternative instruction shall provide the appropriate school official with a copy of a transcript of the previous semester's completed coursework that is issued by the parent, guardian, or other person in control of the child. The parent, guardian, or other person in control of a child being provided alternative instruction shall notify the appropriate school official if the child becomes ineligible under South Dakota High School Activities Association or local school rules in so far as those standards apply to §13-27-3.
Nothing in this section confers any vested right in any student wishing to participate in any interscholastic activity to be selected for competition in such activity. However, any enrolled student who leaves an accredited program during the course of the school year and who will be provided alternative instruction is ineligible for participation in interscholastic activities for the balance of the current season of the sport or activity the student is participating in at the time of notification of alternative instruction.
Source:
SL 1993, ch 131; SL 2003, ch 103, §2; SL 2021, ch 76, § 18.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-8 - Participation of certain nonpublic school students in interscholastic activities at other nonpublic schools.

13-36-8. Participation of certain nonpublic school students in interscholastic activities at other nonpublic schools.
Any seventh or eighth grade student who attends a nonpublic elementary or middle school that is not affiliated with a nonpublic high school may participate in interscholastic activities at a nonpublic high school, at the discretion of the nonpublic school, if the student meets the same scholastic standards required by the South Dakota High School Activities Association for high school participation.
Source:
SL 2005, ch 105, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-9 - Concussion guidelines and information sheet.

13-36-9. Concussion guidelines and information sheet.
The South Dakota High School Activities Association, in concert with the Department of Education, shall develop guidelines to inform and educate member schools, coaches, athletes, and the parents or guardians of athletes, of the nature and risk of concussion, including continuing to play after sustaining a concussion. A concussion information sheet shall be signed and returned by any athlete who seeks to compete in activities sanctioned by the South Dakota High School Activities Association and the athlete's parent or guardian prior to the athlete's participation in any youth athletic activities sanctioned by the South Dakota High School Activities Association. A signed information sheet is effective for one academic year.
The guidelines and information sheet shall include protocols and content consistent with current medical knowledge for informing and educating each member school, coach, and athlete participating in athletic activities sanctioned by the South Dakota High School Activities Association, and the athlete's parent or guardian as to:
(1)The nature and risk of concussions associated with athletic activity;
(2)The signs, symptoms, and behaviors consistent with a concussion;
(3)The need to alert appropriate medical professionals for urgent diagnosis or treatment if an athlete is suspected to have received a concussion; and
(4)The need to follow proper medical direction and protocols for treatment and return to play after an athlete sustains a concussion.
Source:
SL 2011, ch 97, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-10 - Coaches to complete training program.

13-36-10. Coaches to complete training program.
The South Dakota High School Activities Association and the South Dakota Department of Education shall develop a training program consistent with §13-36-9. Each coach participating in athletic activities sanctioned by the South Dakota High School Activities Association shall complete the training program each academic year.
Source:
SL 2011, ch 97, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-11 - Removal of athlete exhibiting symptoms of concussion.

13-36-11. Removal of athlete exhibiting symptoms of concussion.
An athlete shall be removed from participation in any athletic activity sanctioned by the South Dakota High School Activities Association at the time the athlete:
(1)Exhibits signs, symptoms, or behaviors consistent with a concussion; or
(2)Is suspected of sustaining a concussion.
Source:
SL 2011, ch 97, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-12 - Return of athlete to activity.

13-36-12. Return of athlete to activity.
No athlete who has been removed from participation in an athletic activity sanctioned by the South Dakota High School Activities Association may return to athletic activities until the athlete:
(1)No longer exhibits signs, symptoms, or behavior consistent with a concussion; and
(2)Receives an evaluation by a licensed health care provider trained in the evaluation and management of concussions and receives written clearance to return to play from such health care provider.
Source:
SL 2011, ch 97, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-13 - Licensed health care provider defined.

13-36-13. Licensed health care provider defined.
For the purposes of §13-36-12, a licensed health care provider is a person who is:
(1)Registered, certified, licensed, or otherwise recognized in law by the State of South Dakota to provide medical treatment; and
(2)Trained and experienced in the evaluation, management, and care of concussions.
Source:
SL 2011, ch 97, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 36 - High School Activities Association › Section 13-36-14 - Cause of action not created.

13-36-14. Cause of action not created.
Sections 13-36-9 to 13-36-13, inclusive, do not create any liability for, or create any cause of legal action against, a school, a school district, or any officer or employee of a school or school district.
Source:
SL 2011, ch 97, §6; SL 2021, ch 73, § 12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-1 - Children in need of special education or special education and related services.

13-37-1. Children in need of special education or special education and related services.
As used in this chapter, "children in need of special education or special education and related services" means any person under the age of twenty-one years who is a resident of the State of South Dakota and who, because of his educational needs as defined by the South Dakota Board of Education Standards in rules promulgated pursuant to chapter 1-26 and this chapter, is not adequately provided for through the usual facilities and services of the school and requires special education.
Source:
SL 1955, ch 41, ch 12, §4; SDC Supp 1960, §15.3004 (1); SL 1961, ch 77, §1; SL 1964, ch 44; SL 1966, ch 43; SL 1968, ch 51, §1 (4); SL 1969, ch 58; SL 1975, ch 128, §229; SL 1976, ch 121, §1; SL 1988, ch 134, §4; SL 1990, ch 195, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-1.1 - Rules governing standards for special education.

13-37-1.1. Rules governing standards for special education.
The South Dakota Board of Education Standards may adopt rules, pursuant to chapter 1-26, governing standards for educational and noneducational programs, public and nonpublic, serving children in need of special education or special education and related services and children, ages birth through two, with developmental delays and severe disabilities; appeal procedures for disputes involving the placement or program of such children; and administration, funding and personnel associated with special education or special education and related services.
Source:
SL 1955, ch 41, ch 2, §5; SDC Supp 1960, §15.0905 (13); SDCL §13-1-30; SL 1975, ch 128, §230; SL 1988, ch 134, §5; SL 1989, ch 150, §3; SL 1990, ch 195, §1; SL 1996, ch 99, §4; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-1.2 - Department as agency responsible for special education--Regulatory and coordinating authority.

13-37-1.2. Department as agency responsible for special education--Regulatory and coordinating authority.
The Department of Education is hereby designated as the state agency with responsibility for the education of children in need of special education or special education and related services. In accordance with §13-37-1.1, the department has regulatory and coordinating authority over any program within any state agency insofar as such programs pertain to the special education of children in need of special education or special education and related services.
Source:
SL 1976, ch 120; SL 1988, ch 134, §6; SL 1990, ch 195, §1; SL 1996, ch 8, §28; SL 2003, ch 272, §63; SL 2010, ch 77, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-1.3 - Free education for special education children.

13-37-1.3. Free education for special education children.
Each school district shall provide all of its resident children in need of special education or special education and related services, as defined in §13-37-1, with a free appropriate public education, as defined in rules promulgated pursuant to chapter 1-26 by the South Dakota Board of Education Standards.
Source:
SL 1996, ch 8, §29; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-2 - Special education defined--Conformity to approved program where possible.

13-37-2. Special education defined--Conformity to approved program where possible.
As used in this chapter, unless the context otherwise requires, "special education" means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall include school instruction conforming as nearly as possible to the school program as defined in accreditation rules under duly qualified special education teachers to the extent that the child in need of special education or special education and related services is capable of profiting.
Source:
SL 1955, ch 41, ch 12, §4; SDC Supp 1960, §15.3004 (2); SL 1964, ch 44; SL 1966, ch 43; SL 1968, ch 51, §1 (1); SL 1969, ch 58; SL 1975, ch 128, §231; SL 1976, ch 121, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-2.1 - Surrogate parent defined.

13-37-2.1. Surrogate parent defined.
As used in this chapter, the term, surrogate parent, means any individual assigned by the district to act in place of the parent of a child in need of special education when the school district cannot identify or locate the parent or the child is a ward of the state.
Source:
SL 1989, ch 150, §1; SL 1990, ch 195, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2010, ch 77, §13; SL 2013, ch 79, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-8.4 - Cost paid by school district.

13-37-8.4. Cost paid by school district.
The cost of special education shall be the responsibility of the school district wherein the child in need of special education or special education and related services has school residence through its source of revenue provided in §13-37-16.
Source:
SL 1968, ch 51, §5 (3); SL 1969, ch 58; SL 1976, ch 122, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-8.6 - Costs of special education services--Sources--Provisions--Financial losses.

13-37-8.6. Costs of special education services--Sources--Provisions--Financial losses.
The costs for special education and related services, as defined in rules promulgated by the South Dakota Board of Education Standards pursuant to chapter 1-26, may be covered and available from accident and health insurers, nonprofit medical and surgical plans, health maintenance organizations, fraternal benefit societies, or federally reimbursed program sources. If a school district chooses to access these funds through the use of parent's insurance proceeds, the following provisions apply:
(1)Expenses for special education and related services may not be borne by the parent;
(2)The filing of claims may not delay the education of a child;
(3)The school district is responsible for payment of a deductible amount and for any advance payment required until the time a claim is paid;
(4)Parental consent shall be obtained to file an insurance claim;
(5)The school district shall inform parents of any potential financial losses that they could incur; and
(6)If parents would incur a financial loss, the use of parent's insurance proceeds must be voluntary.
For purposes of this section only, financial losses include a decrease in available lifetime coverage or any other benefit under an insurance policy, an increase in premiums under an insurance policy, or an out-of-pocket expense such as the payment of a deductible amount incurred in filing a claim.
Source:
SDC Supp 1960, §15.3004 (6), (14) as added by SL 1966, ch 43; SDCL §§13-37-9, 13-37-22; SL 1968, ch 51, §§5 (5), 8; SL 1968, ch 51, §5 (4) as amended by SL 1969, ch 58; SL 1975, ch 128, §235; SL 1976, ch 121, §3; SL 1988, ch 146; SL 1995, ch 101, §13; SL 1996, ch 123; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-8.9 - Mileage allowance in lieu of transportation for special education--Actual cost in lieu of mileage--Source of payment.

13-37-8.9. Mileage allowance in lieu of transportation for special education--Actual cost in lieu of mileage--Source of payment.
If appropriate bus service is not provided by a school district, the parents or guardian of any child in need of special education or special education and related services, when legally assigned, are eligible for necessary transportation compensation for their child as determined by the individualized education program team. In no case may the mileage reimbursement rate be less than the rate established pursuant to §3-9-1. If appropriate to maintain family bonding and if it is not practical to transport the child, mileage may be paid to the parents for trips to the facility where services are being provided to the child. In lieu of compensation for mileage, a district may pay the actual cost of transportation by common carrier or of bus service provided by contract with the facility in which the child is enrolled. The district wherein a child in need of special education or special education and related services has school residence shall pay the transportation expenses from the district's special education fund.
Source:
SDC Supp 1960, §15.3004 (6) as added by SL 1963, ch 82, §2; SL 1964, ch 44; SL 1966, ch 43; SDCL §13-37-10; SL 1968, ch 51, §5 (8); SL 1968, ch 51, §5 (7) as amended by SL 1969, ch 58; SL 1971, ch 122, §2; SL 1974, ch 136, §5; SL 1977, ch 137; SL 1978, ch 116, §6; SL 1981, ch 144, §2; SL 1984, ch 122; SL 1990, ch 195, §1; SL 1991, ch 146, §2; SL 2007, ch 105, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-8.10 - Crediting of state, local, and federal special education funds.

13-37-8.10. Crediting of state, local, and federal special education funds.
Payments from state and local sources received by a school district for special education, including any state aid to education funds based upon tuition paid for children in need as provided in chapter 13-37, shall be credited to the special education fund of the school district. Any payment from federal sources received by a school district for special education may be credited to either the special education fund or the capital outlay fund for any equipment purchase for special education approved by the state Department of Education.
Source:
SL 1968, ch 51, §5 (8) as added by SL 1969, ch 58; SL 1974, ch 136, §6; SL 2010, ch 91, §1, eff. Feb. 16, 2010; SL 2015, ch 89, §22.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-13 - Expenditures for education of children in need in state-owned institutions.

13-37-13. Expenditures for education of children in need in state-owned institutions.
The secretary of the Department of Education or any school district may expend any public funds under the provisions of this chapter for the education of children in need enrolled in any state-owned institution, including transportation as provided in §13-37-8.9. The provisions of this chapter may apply to approved programs and services provided by state universities and colleges, and for assignment to institutions outside of South Dakota for services not available within the state.
Source:
SL 1955, ch 41, ch 12, §4; SDC Supp 1960, §15.3004 (8), (9); SL 1964, ch 44; SL 1966, ch 43; SDCL, §13-37-6; SL 1968, ch 51, §3; SL 1969, ch 58; SL 1975, ch 128, §236; SL 2000, ch 88, §1; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-16 - District tax levy--Special education--School district special education fund.

13-37-16. District tax levy--Special education--School district special education fund.
For taxes payable in 2024, and each year thereafter, the school board shall levy no more than one dollar and fifty-seven and four-tenths cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for the amount so determined to be necessary, and the levy shall be spread against all of the taxable property of the district. The proceeds derived from the levy shall constitute a school district special education fund of the district for the payment of costs for the special education of all children in need of special education or special education and related services who reside within the district pursuant to the provisions of §§13-37-8.4 to 13-37-8.10, inclusive. The levy in this section shall be based on valuations such that the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. The total amount of taxes that would be generated at the levy pursuant to this section shall be considered local effort. Money in the special education fund may be expended for the purchase or lease of any assistive technology that is directly related to special education and specified in a student's individualized education plan. This section does not apply to real property improvements.
Source: SDC Supp 1960, §15.3004 (12) as added by SL 1965, ch 53, §2; SL 1966, ch 43; SL 1968, ch 51, §6; SL 1969, ch 58; SL 1975, ch 128, §239; SL 1976, ch 122, §3; SL 1989, ch 87, §15N; SL 1990, ch 195, §1; SL 1995, ch 101, §14; SL 1998, ch 96, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2008, ch 78, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011; SL 2013, ch 79, §7; SL 2014, ch 91, §1; SL 2015, ch 95, §1; SL 2016, ch 93, §1; SL 2017, ch 76, §4; SL 2018, ch 92, §3; SL 2019, ch 85, §1; SL 2020, ch 59, §1; SL 2021, ch 73, §13; SL 2021, ch 78, §3; SL 2022, ch 41, §3; SL 2023, ch 30, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-16.2 - Levy equalization.

13-37-16.2. Levy equalization.
If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year, the levy specified in subdivision 13-37-35.1(7) shall be reduced proportionally so that the percentage increase in local effort on a statewide aggregate basis equals the percentage increase in need on a statewide aggregate basis.
Source:
SL 1998, ch 97, §3; SL 2001, ch 79, §3; SL 2013, ch 79, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-16.3 - Basis for adjustment to certain levies.

13-37-16.3. Basis for adjustment to certain levies.
Any adjustments in the levy specified in subdivision 13-37-35.1(7) made pursuant to §13-37-16.2 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. However, for fiscal year 2014, and each year thereafter, if the levy specified in subdivision 13-37-35.1(7) is not adjusted to maintain this relationship, the funding allocation for each disability level as defined in §13-37-35.1 shall be reduced proportionally to maintain the relationship between statewide local effort as a percentage of statewide local need.
Source:
SL 2001, ch 79, §2; SL 2013, ch 79, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-18 - Costs and statistical information included in annual financial report.

13-37-18. Costs and statistical information included in annual financial report.
Special education costs and statistical information shall be included in the annual financial report as provided in §13-13-37.
Source:
SL 1976, ch 122, §4; SL 1977, ch 136, §1; SL 1980, ch 134, §3; SL 1995, ch 101, §15; SL 2013, ch 79, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-20 - Payment of claims for direct services.

13-37-20. Payment of claims for direct services.
Agencies or individuals providing a service directly to children in need of special education or special education and related services under the provisions of this chapter shall be authorized to recover authorized costs from the school district special education fund on a monthly basis.
Source:
SDC Supp 1960, §15.3004 (14) as added by SL 1966, ch 43; SL 1968, ch 51, §8; SL 1969, ch 58; SL 1975, ch 128, §242; SL 1976, ch 121, §5.