reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 30 - Student Allowances In Lieu Of Transportation › Section 13-30-1 - Students eligible for transportation or board and room allowance.

13-30-1. Students eligible for transportation or board and room allowance.
The following types of students who do not have access to bus service furnished by the school district to which they are assigned to and from school are entitled to a transportation or board and room allowance, provided in this chapter, paid by the district where the student has school residence or by the district where the student attends if the district is receiving tuition, regardless of the type or method of conveyance used for transportation:
(1)Any elementary student who attends an elementary school where the student is assigned and which is located more than five miles from the student's residence in either the same or any other school district;
(2)Any secondary student who attends a high school located in the same district where the student is a resident and is more than five miles from the student's residence, if the transportation of secondary students is authorized by the school district board;
(3)Any secondary student who resides in a district described in §13-15-14 who attends a high school located more than five miles from the student's residence if the transportation of secondary students is authorized by the school district board.
A school district having a junior high school may provide mileage, bus service, or board and room for ninth grade junior high school students at the discretion of the school board. A school district choosing to provide transportation services to ninth grade junior high school students is not required, as a result of that choice, to provide these services to tenth, eleventh, or twelfth grade high school students.
Source:
SDC 1939, §§15.3401, 15.3404; SL 1947, ch 74; SL 1949, ch 61, §1; SL 1955, ch 41, ch 13, §9; SL 1957, ch 73, §4; SDC Supp 1960, §15.3309; SL 1967, ch 47; SL 1975, ch 153; SL 1978, ch 115; SL 1982, ch 145; SL 1996, ch 110, §20; SL 1997, ch 99, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 30 - Student Allowances In Lieu Of Transportation › Section 13-30-2 - Transportation allowance to pupils living in first or second class municipality.

13-30-2. Transportation allowance to pupils living in first or second class municipality.
Elementary and secondary pupils who live within the incorporated limits of a first or second class municipality shall receive a transportation allowance only at the discretion of the school board.
Source:
SDC Supp 1960, §15.3309 as added by SL 1967, ch 47; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 30 - Student Allowances In Lieu Of Transportation › Section 13-30-3 - Mileage allowance in lieu of transportation for students.

13-30-3. Mileage allowance in lieu of transportation for students.
The amount of the transportation allowance is the rate established pursuant to §3-9-1 per family for distances actually traveled in excess of five miles each way. No mileage may be paid for extra trips to the schoolhouse which the school board does not consider necessary nor for more miles than would be traveled if the shortest distance measured from the place on a publicly used road nearest the dwelling house of the child to the schoolhouse site were traveled. If children from more than one family are transported in the same vehicle mileage payments shall be paid to only one family. The school board may authorize additional miles if prior approval is obtained to facilitate cooperative efforts among families to share transportation duties. If children from more than one family are transported in a single vehicle, reimbursement shall be at rates established by the school board. However, the mileage reimbursement rate may not be less than the rate established pursuant to §3-9-1. If, at the request of the parents, elementary children are assigned to a school that is further from the dwelling house than the nearest school, the board may limit the reimbursement to the mileage to the nearest school within the district. All claims for transportation allowance shall be filed with the school business manager not later than the close of the school fiscal year in which the travel for which reimbursement is sought actually occurred.
Source:
SDC 1939, §15.3404; SL 1955, ch 41, ch 13, §10; SL 1957, ch 73, §5; SDC Supp 1960, §15.3310; SL 1967, ch 47; SL 1969, ch 48, §1; SL 1973, ch 97, §1; SL 1978, ch 116, §1; SL 1981, ch 144, §1; SL 1983, ch 132; SL 1983, ch 133; SL 1987, chs 140, 141; SL 1991, ch 146, §1; SL 1997, ch 99, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-1 - Disciplinary authority over students on school premises.

13-32-1. Disciplinary authority over students on school premises.
Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school sponsored activities whether on or off school premises. Superintendents and principals may also discipline students for aggressive or violent behavior that disrupts school or that affects a health or safety factor of the school or its programs.
Source:
SL 1955, ch 41, ch 12, §20; SL 1959, ch 79; SDC Supp 1960, §15.3020; SL 1996, ch 121.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-2 - Physical force authorized when reasonable and necessary--Attendance at school functions away from premises--Authority of bus drivers.

13-32-2. Physical force authorized when reasonable and necessary--Attendance at school functions away from premises--Authority of bus drivers.
Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise children who have been authorized to attend a school function away from their school premises and to school bus drivers while students are riding, boarding, or leaving the buses.
Source:
SL 1955, ch 41, ch 12, §20; SL 1959, ch 79; SDC Supp 1960, §15.3020; SL 1990, ch 128, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-3 - Reference for psychiatric treatment prohibited without parents' consent.

13-32-3. Reference for psychiatric treatment prohibited without parents' consent.
No public school administrator or teacher shall refer a student for psychiatric treatment within or outside the school without the prior written consent of such student's parent or guardian.
Source:
SL 1961, ch 91.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.1 - Attendance policy--Adoption by school board--Suspension and expulsion power unaffected.

13-32-4.1. Attendance policy--Adoption by school board--Suspension and expulsion power unaffected.
The school board of every school district may adopt an attendance policy in accordance with procedural due process rules established by the South Dakota Board of Education Standards pursuant to §13-32-4. Any attendance policy adopted pursuant to this section is not to be construed as limiting the powers of the school board of a school district to suspend or expel students pursuant to §13-32-4.
Source:
SL 1981, ch 145, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.2 - Procedure for suspension--Appeal--Hearing.

13-32-4.2. Procedure for suspension--Appeal--Hearing.
The school board in any district may authorize the summary suspension of pupils by principals of schools for not more than ten school days and by the superintendent of schools for not more than ninety school days. In case of a suspension by the superintendent for more than ten school days, the pupil or his parents or others having his custodial care may appeal the decision of the superintendent to the board of education. Any suspension by a principal shall be immediately reported to the superintendent who may revoke the suspension at any time. In event of an appeal to the board, the superintendent shall promptly transmit to the board a full report in writing of the facts relating to the suspension, the action taken by him and the reasons for such action; and the board, upon request, shall grant a hearing to the appealing party. No pupil may be suspended unless:
(1)The pupil is given oral or written notice of the charges against him;
(2)The pupil is given an oral or written explanation of the facts that form the basis of the proposed suspension; and
(3)The pupil is given an opportunity to present his version of the incident.
In the event of a suspension for more than ten school days, if the pupil gives notice that he wishes to appeal the suspension to the board, the suspension shall be stayed until the board renders its decision, unless in the judgment of the superintendent of schools, the pupil's presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil may be immediately removed from school, and the notice and hearing shall follow as soon as practicable.
Source:
SL 1993, ch 141, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.3 - Effect of student's suspension or expulsion on enrollment.

13-32-4.3. Effect of student's suspension or expulsion on enrollment.
If any student is under suspension or expulsion in a school district, the student may not enroll in any school district until the suspension or expulsion has expired. The superintendent or school administrator of any school district may prohibit a student from enrolling in that school district if the student is under suspension or expulsion in a school in another state or in a nonpublic school in this state. Upon receiving a request for a student's permanent school records from the receiving district, the sending school shall provide the receiving district with written notice of any suspension or expulsion.
Source:
SL 1996, ch 120, §2; SL 2000, ch 50, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.4 - Early reinstatement of expelled student.

13-32-4.4. Early reinstatement of expelled student.
If a student is expelled from school as provided in §13-32-4, the school board may grant the student an early reinstatement allowing the student to return to school before the end of the period of expulsion.
Source:
SL 2010, ch 89, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.5 - Conditions for early reinstatement.

13-32-4.5. Conditions for early reinstatement.
Any early reinstatement granted by a school board pursuant to §13-32-4.4 may include one or more specific conditions established by the school board that the expelled student must meet, either prior to the granting of the early reinstatement or after the early reinstatement is granted and before the end of the period of expulsion. Any early reinstatement conditions established by the school board for an expelled student shall pertain to the reasons why the student was expelled, and the board shall provide notice of any early reinstatement conditions to the student's parent or guardian or to the student, if the student is at least eighteen years of age or is an emancipated minor, at the time the student is expelled.
Source:
SL 2010, ch 89, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.6 - Return to school upon fulfillment of conditions--Revocation of early reinstatement.

13-32-4.6. Return to school upon fulfillment of conditions--Revocation of early reinstatement.
If the superintendent of a school district determines that an expelled student has met the early reinstatement conditions established pursuant to §13-32-4.5 that the student is required to meet before the student may be granted early reinstatement, the superintendent may grant the student early reinstatement and allow the student to return to school.
If a student violates an early reinstatement condition that the student was required to meet after the student's early reinstatement, but before the end of the expulsion period, the superintendent of the school district may revoke the student's early reinstatement. Within five days after revoking an early reinstatement, the superintendent shall provide written notice of the revocation including any early reinstatement condition that was violated by the student to the student's parent or guardian or to the student, if the student is at least eighteen years of age or an emancipated minor.
If a student's early reinstatement is revoked, the student's expulsion shall continue until the end of the original period of expulsion unless the student's expulsion is firearm-related and the original period of expulsion is modified by the superintendent pursuant to §13-32-4.
Source:
SL 2010, ch 89, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-4.7 - Due process procedures--Promulgation of early reinstatement rules.

13-32-4.7. Due process procedures--Promulgation of early reinstatement rules.
The administrative due process procedures established in ARSD 24:07:04 for the protection of students' rights in an expulsion procedure apply to the early reinstatement process established in §§13-32-4.4 to 13-32-4.6, inclusive, and the South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to establish additional procedures for the early reinstatement process, including the development of early reinstatement conditions by school boards.
Source:
SL 2010, ch 89, §4; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-5 - Injury to school property as ground for suspension or expulsion.

13-32-5. Injury to school property as ground for suspension or expulsion.
Any student, who cuts, defaces, or otherwise injures any schoolhouse, equipment, or outbuilding thereof, is liable to suspension or expulsion.
Source:
SDC 1939, §15.3009; SL 1955, ch 41, ch 12, §19; SDC Supp 1960, §15.3019; SL 1975, ch 128, §210.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-6 - Disturbance of school as misdemeanor.

13-32-6. Disturbance of school as misdemeanor.
A person, whether pupil or not, who intentionally disturbs a public or nonpublic school when in session or who intentionally interferes with or interrupts the proper order or management of a public or nonpublic school by acts of violence, boisterous conduct, or threatening language, so as to prevent the teacher or any pupil from performing his duty, is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §15.9911; SL 1955, ch 41, ch 17, §11; SL 1957, ch 74; SL 1975, ch 128, §211; SL 1982, ch 86, §144.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-7 - Possession of firearm or dangerous weapon on public elementary or secondary school premises or in vehicle or building as misdemeanor--Exceptions.

13-32-7. Possession of firearm or dangerous weapon on public elementary or secondary school premises or in vehicle or building as misdemeanor--Exceptions.
Any person, other than a law enforcement officer or school sentinel under §13-64-1, who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions, whether or not any person is endangered by any action under this section, is guilty of a Class 1 misdemeanor. The provisions of this section do not apply to;
(1)Use of a starting gun at an athletic event;
(2)Any firearm or air gun at a:
(a)Firing range;
(b)Gun show;
(c)Supervised school or session for training in the use of firearms; or
(d)Ceremonial presence of unloaded weapons at color guard ceremonies;
(3)Any nonpublic school;
(4)Any church or other house of worship; or
(5)Any nonpublic school located on the premises of a church or other house of worship.
Source:
SL 1961, ch 49; SL 1979, ch 120; SL 1982, ch 86, §145; SL 1990, ch 129; SL 1991, ch 147, §1; SL 1993, ch 142; SL 2002, ch 90, §1; SL 2013, ch 93, §8; SL 2018, ch 98, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-8 - School safety patrols--Insurance coverage.

13-32-8. School safety patrols--Insurance coverage.
Any school board may establish a school safety patrol to supervise students in the directing of other students crossing public streets on their way to and from school. The board of each school district may purchase health, accident, and liability insurance to cover all adult and student safety patrol members in the operation of such safety patrol.
Source:
SL 1976, ch 119.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-9.1 - Consequences imposed by local school districts.

13-32-9.1. Consequences imposed by local school districts.
No local school board may impose a lesser consequence than those established in §13-32-9, but a local school district may adopt a policy, by local school board action, with more strict consequences to meet the needs of the district.
Source:
SL 2014, ch 88, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-10 - Definition of terms regarding self-administration of medication.

13-32-10. Definition of terms regarding self-administration of medication.
Terms used in this section and §§13-32-11 to 13-32-13, inclusive, mean:
(1)"Medication," inhaled bronchodilator or auto-injectable epinephrine, or both;
(2)"Parent," any person standing in parental relation;
(3)"School," any public or nonpublic school;
(4)"Self-administration of prescription medication," a student's discretionary use of prescription asthma or anaphylaxis medication, or both.
Source:
SL 2010, ch 93, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-11 - Student self-administration of prescription asthma and anaphylaxis medication.

13-32-11. Student self-administration of prescription asthma and anaphylaxis medication.
Any student with asthma or anaphylaxis may possess and self-administer prescription medication while on school property or at a school-related event or activity if:
(1)The prescription medication has been prescribed for that student as indicated by the prescription label on the medication;
(2)The self-administration is done in compliance with the prescription or written instructions from the student's physician or other licensed health care provider; and
(3)A parent of the student provides to the school:
(a)Written authorization, signed by the parent, for the student to self-administer prescription medication while on school property or at a school-related event or activity;
(b)A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student's self-administration of prescription medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
(c)A written statement from the student's physician or other licensed health care provider, signed by the physician or provider, that states:
(i)The student has asthma or anaphylaxis or both, and is capable of self-administering the prescription medication;
(ii)The name and purpose of the medication;
(iii)The prescribed dosage for the medication;
(iv)The times at which or circumstances under which the medication may be administered; and
(v)The period for which the medication is prescribed.
The physician's or provider's statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.
Source:
SL 2010, ch 93, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-12 - Disciplinary action regarding self-administration of medication.

13-32-12. Disciplinary action regarding self-administration of medication.
If any student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action by the school. However, the disciplinary action may not limit or restrict the student's immediate access to the medication.
Source:
SL 2010, ch 93, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-13 - Applicability of provisions regarding self-administration of medication.

13-32-13. Applicability of provisions regarding self-administration of medication.
The provisions of §§13-32-10 to 13-32-12, inclusive, do not apply to any of the following group living environments:
(1)A facility operated by the Department of Corrections;
(2)A facility operated by the Department of Human Services or the Department of Social Services;
(3)A group care or residential treatment facility licensed by the Department of Social Services;
(4)A residential treatment facility accredited by the Department of Human Services or the Department of Social Services;
(5)A community support provider as defined in §27B-1-17;
(6)An intermediate care facility for individuals with intellectual disabilities;
(7)A juvenile detention center or holding facility operated by a county; or
(8)A hospital or health care facility as defined in §34-12-1.1.
Source:
SL 2010, ch 93, §4; SL 2011, ch 1 (Ex. Ord. 11-1), §134, eff. Apr. 12, 2011; SL 2013, ch 125, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-14 - Adoption of bullying policy.

13-32-14. Adoption of bullying policy.
If a school district does not have a bullying policy, the school district shall follow the model bullying policy in §13-32-19 until such time as the school district adopts its own bullying policy. Nothing in §§13-32-14 to 13-32-19, inclusive, supplants or preempts an existing school district policy, except that no school district policy prohibiting bullying, whether it is existing or adopted pursuant to §§13-32-14 to 13-32-19, inclusive, may contain any protected classes of students.
Source:
SL 2012, ch 96, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-15 - Bullying defined.

13-32-15. Bullying defined.
Bullying is a pattern of repeated conduct that causes physical hurt or psychological distress on one or more students that may include threats, intimidation, stalking as defined in chapter 22-19A, physical violence, theft, destruction of property, any threatening use of data or computer software, written or verbal communication, or conduct directed against a student that:
(1)Places a student in reasonable fear of harm to his or her person or damage to his or her property; and either
(2)Substantially interferes with a student's educational performance; or
(3)Substantially disrupts the orderly operation of a school.
For the purposes of §§13-32-14 to 13-32-19, inclusive, bullying also includes retaliation against a student for asserting or alleging an act of bullying.
Source:
SL 2012, ch 96, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-16 - Bullying policy requirements.

13-32-16. Bullying policy requirements.
Each school district policy developed pursuant to §§13-32-14 to 13-32-19, inclusive, shall contain the following provisions:
(1)A statement prohibiting bullying and a definition of bullying that includes the definition listed in §13-32-15;
(2)A description of the type of behavior expected from each student of the school district, and the consequences for a student of the school district who commits an act of bullying;
(3)A procedure for reporting an act of bullying, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and
(4)A procedure for the prompt investigation and response to any report of bullying, including a requirement that an investigation be conducted on any alleged incident of bullying committed against a child while the child is aboard a school bus, at a school bus stop, or at a school-sponsored event.
Source:
SL 2012, ch 96, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-17 - Action for damages from bullying--Immunity for reporting.

13-32-17. Action for damages from bullying--Immunity for reporting.
Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying to the appropriate school district official as designated in the school district's policy, and who makes the report in compliance with the provisions of the school district's policy is immune from any cause of action for damages arising from failure to remedy the reported incident. Moreover, the provisions of §§13-32-14 to 13-32-19, inclusive, do not create a cause of action against any school district, school district employee, school volunteer, student, or parent unless there has been substantial noncompliance with the school district's policy resulting in injury to a protected person.
Source:
SL 2012, ch 96, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-18 - Incidents involving electronic devices .

13-32-18. Incidents involving electronic devices.
Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action taken by a school district for conduct determined to meet the definition of bullying in §13-32-15.
Source:
SL 2012, ch 96, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-19 - Model bullying policy.

13-32-19. Model bullying policy.
The model bullying policy pursuant to §§13-32-14 to 13-32-18, inclusive, is as follows:
PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING
The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering an environment in which all students are treated with respect and dignity.
Persistent bullying can severely inhibit a student's ability to learn and may have lasting negative effects on a student's life. The bullying of students by students, staff, or third parties is strictly prohibited and will not be tolerated.
Bullying consists of repeated physical, verbal, non-verbal, written, electronic, or any conduct directed toward a student that is so pervasive, severe, and objectively offensive that it:
(1)Has the purpose of creating or resulting in an intimidating, hostile, or offensive academic environment; or
(2)Has the purpose or effect of substantially or unreasonably interfering with a student's academic performance which deprives the student access to educational opportunities.
Any staff member observing or suspecting bullying toward another individual is required to report the issue to his or her building supervisor.
This policy is in effect while students are on property within the jurisdiction of the School Board; while students are in school-owned or school-operated vehicles; and while students are attending or engaged in school-sponsored activities.
The District will act to investigate all complaints (formal or informal, verbal or written) of bullying. A formal complaint may be submitted to the building principal. Any student engaging in an act of bullying is subject to discipline pursuant to the District's student discipline procedure.
This policy may not be interpreted to prohibit civil exchange of opinions or debate protected under the state or federal constitutions if the opinion expressed does not otherwise materially or substantially disrupt the education process or intrude upon the rights of others.
Source:
SL 2012, ch 96, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 32 - Supervision Of Students And Conduct Of School › Section 13-32-20 - Policy for school district employees on use of restraint and seclusion.

13-32-20. Policy for school district employees on use of restraint and seclusion.
The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions:
(1)A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion;
(2)A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student's body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate in degree; and
(3)A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.
Source:
SL 2018, ch 99, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-1 - Conformity to standards adopted by state board.

13-33-1. Conformity to standards adopted by state board.
All the public schools in the state shall provide instruction in substantial conformity to the accreditation standards adopted by the South Dakota Board of Education Standards.
Source:
SDC 1939, §15.3101; SL 1955, ch 41, ch 14, §1; SL 1974, ch 123, §2; SL 1975, ch 128, §212; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-3 - Adult education, summer school, kindergarten, and nursery schools.

13-33-3. Adult education, summer school, kindergarten, and nursery schools.
The school board of any school district may maintain as a part of the public schools adult education courses, summer schools, kindergartens, and nurseries under the rules adopted by the South Dakota Board of Education Standards.
Source:
SDC 1939, §§15.2523 (6), 15.3603; SL 1939, ch 44, §1; SL 1949, ch 54, §1; SL 1955, ch 41, ch 12, §12; SDC Supp 1960, §15.3012; SL 1975, ch 128, §213; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-4 - Instruction on United States and state Constitutions required--Years when given.

13-33-4. Instruction on United States and state Constitutions required--Years when given.
In all public and nonpublic schools located within the state there shall be given regular courses of instruction in the Constitutions of the United States and the State of South Dakota. Such instruction shall begin not later than the opening of the eighth grade and shall continue in the high school to an extent to be determined by the South Dakota Board of Education Standards.
Source:
SDC 1939, §15.3104; SL 1955, ch 41, ch 14, §4; SL 1975, ch 128, §214; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-6.1 - Character development instruction.

13-33-6.1. Character development instruction.
Unless the governing body elects, by resolution, effective for not less than one or more than four school terms, to do otherwise, character development instruction shall be given in all public and nonpublic elementary and secondary schools in the state to impress upon the minds of the students the importance of citizenship, patriotism, honesty, self discipline, self respect, sexual abstinence, respect for the contributions of minority and ethnic groups to the heritage of South Dakota, regard for the elderly, and respect for authority.
Source:
SL 1997, ch 100, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-9 - Sectarian doctrine prohibited in public schools.

13-33-9. Sectarian doctrine prohibited in public schools.
No sectarian doctrine may be taught or inculcated in any of the public schools of the state.
Source:
SDC 1939, §15.3103; SL 1955, ch 41, ch 14, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-10 - Released time for religious instruction.

13-33-10. Released time for religious instruction.
A child may, on application of his parent or guardian, be excused from school for one hour per week for the purpose of taking and receiving religious instruction conducted by some church or association of churches. The school board shall decide at what hour pupils may be excused. No such instruction may be given in whole or in part at public expense. The school board may allow the student to accumulate up to four hours of excused leave time to be taken consecutively on any one day or two hours to be taken on any two days.
Source:
SDC 1939, §15.3202 (6); SL 1955, ch 41, ch 15, §2; SDC Supp 1960, §15.3202 (5); SL 1975, ch 128, §219; SL 1978, ch 117.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-11 - Instruction to promote mastery of English language.

13-33-11. Instruction to promote mastery of English language.
Instruction in any school shall be such that it promotes a mastery of the English language in oral and written communications.
Source:
SDC 1939, §§15.9913, 15.9914; SL 1955, ch 41, ch 17, §13; SDC Supp 1960, §15.9913; SL 1971, ch 120; SL 1975, ch 128, §220.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-17 - American sign language recognized--Authorized in high school and colleges--Encouraged in elementary schools.

13-33-17. American sign language recognized--Authorized in high school and colleges--Encouraged in elementary schools.
American sign language is hereby recognized as a language. Any high school may offer American sign language as a for-credit elective pursuant to rules adopted by the South Dakota Board of Education Standards. The teaching of American sign language is encouraged at the elementary level.
Source:
SL 1991, ch 148, §§1-3; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-19 - Recommended high school program and basic high school program--Enrollment and completion requirements.

13-33-19. Recommended high school program and basic high school program--Enrollment and completion requirements.
For students entering the ninth grade in the 2006-2007 school year and thereafter, a school district shall require that each student enrolls in courses of instruction necessary to complete the recommended high school program established by the South Dakota Board of Education Standards pursuant to §13-1-12.1. However, a student entering the ninth grade in the 2006-2007, 2007-2008, 2008-2009, or 2009-2010 school years may be excused from taking courses of instruction necessary to complete the recommended high school program if the student's parent or guardian and a school counselor or school administrator agree that the student should instead take courses of instruction necessary to complete the basic high school program also established by the board pursuant to §13-1-12.1.
Any student who is seeking eligibility in the South Dakota scholarship program established in §13-55-30 and is therefore adhering to the high school course requirements as provided in Board of Regents Policy Number 2:3(2)(F) as in effect on January 1, 2003, meets the requirements of this section.
Source:
SL 2004, ch 121, §2; SL 2009, ch 86, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-20 - Distance learning defined.

13-33-20. Distance learning defined.
For purposes of §§13-33-20 to 13-33-23, inclusive, distance learning is the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place.
Source:
SL 2005, ch 104, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-21 - Certificate authorizing distance learning provider to provide courses required.

13-33-21. Certificate authorizing distance learning provider to provide courses required.
No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the distance learning provider to provide the courses.
Source:
SL 2005, ch 104, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-22 - Promulgation of rules relating to distance learning certificate.

13-33-22. Promulgation of rules relating to distance learning certificate.
The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 defining a distance learning provider, and establishing the requirements and criteria that an applying provider must meet in order to be issued a distance learning certificate by the secretary of the Department of Education. The rules shall specify the duration and the method of renewal, the amount of the fee, not to exceed one hundred dollars, for issuing a certificate, the application procedures for a certificate, the requirements for certification, and other procedures necessary for the administration of distance learning certification.
Source:
SL 2005, ch 104, §3, Mar. 7, 2005; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-23 - Promulgation of rules establishing priorities and eligibility for distance learning courses.

13-33-23. Promulgation of rules establishing priorities and eligibility for distance learning courses.
The board shall also promulgate rules pursuant to chapter 1-26 establishing priorities and eligibility for distance learning courses.
Source:
SL 2005, ch 104, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-24 - South Dakota virtual school created.

13-33-24. South Dakota virtual school created.
There is created the South Dakota virtual school. The South Dakota virtual school shall be under the control of the Department of Education. The South Dakota virtual school shall provide choice accessibility, flexibility, quality, and equity in curricular offerings for students in the state.
Source:
SL 2006, ch 83, §1; SL 2008, ch 82, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-25 - South Dakota Virtual School Advisory Council established.

13-33-25. South Dakota Virtual School Advisory Council established.
The South Dakota Virtual School Advisory Council is established. The council shall advise the Department of Education, the South Dakota Board of Education Standards, education-related organizations, and other education groups on issues related to distance learning. The council shall meet quarterly with the Department of Education to discuss, develop, and make recommendations for the promulgation of rules concerning policies that affect distance delivery.
Source:
SL 2006, ch 83, §2; SL 2008, ch 82, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-27 - Council terms--Vacancies.

13-33-27. Council terms--Vacancies.
Members of the council shall be appointed for two-year terms, except that four of the members of the initial council shall be appointed to two-year terms, and three of the members of the initial council shall be appointed for one year. All subsequent appointments shall be for terms of two years. Any vacancy on the council that occurs before the incumbent's term has expired shall be filled by appointment to serve the remainder of the unexpired term. The number of terms that a council member may serve is not limited.
Source:
SL 2006, ch 83, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-28 - Promulgation of rules concerning virtual school.

13-33-28. Promulgation of rules concerning virtual school.
The Department of Education may promulgate rules pursuant to chapter 1-26 to coordinate course offerings by the South Dakota virtual school, to award course credits earned by students taking classes from the South Dakota virtual school, and to establish criteria for school districts to participate in the South Dakota virtual school.
Source:
SL 2006, ch 83, §5; SL 2008, ch 82, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-29 - Granting of credit for distance learning courses not offered by South Dakota Virtual School prohibited--Exceptions.

13-33-29. Granting of credit for distance learning courses not offered by South Dakota Virtual School prohibited--Exceptions.
No school district may grant credit for any course successfully completed through distance learning as defined in §13-33-20 unless the course is offered through the South Dakota Virtual School.
However, a school district may grant credit for a distance learning course offered through an entity other than the South Dakota Virtual School if any of the following conditions apply:
(1)The course is provided through an agreement among accredited school districts;
(2)The course is a university or technical college course taken by a student who is dually enrolled pursuant to the provisions of §13-28-37;
(3)The course was previously taken through an accredited high school or other accredited provider by a student who subsequently transferred into the school district; or
(4)The course is not available through the South Dakota Virtual School and is pre-approved by the secretary of education.
Source:
SL 2007, ch 104, §1; SL 2008, ch 82, §4; SL 2014, ch 86, §2; SL 2020, ch 61, § 43.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33 - Curriculum And Courses Of Instruction › Section 13-33-30 - Accredited schools required to accept transfer credits for courses taken from other accredited schools outside regular school term--Conditions.

13-33-30. Accredited schools required to accept transfer credits for courses taken from other accredited schools outside regular school term--Conditions.
Any school accredited by the Department of Education shall accept transfer credits earned by a student for any course taken by the student from another school accredited by the Department of Education outside the regular school term as established pursuant to §13-26-2. However, an accredited school is only required to accept the transfer credits if the student notifies a school administrator of the credits sought prior to taking the course. If the student fails to provide the advance notice, the school may refuse to accept the credits.
Each school district shall establish a policy for accepting transfer credits pursuant to this section. If upon review of the coursework for which transfer credit is sought, a school determines that the course rigor is not sufficient to meet the graduation requirements established by the Board of Education Standards pursuant to §13-1-12.1 or by the school, the transfer credits earned by the student for the course will count as elective credits, but the course will not count as a course required for graduation. If the school accepting the transfer credits determines that the credits do not meet graduation requirements, the school shall notify the student in writing to explain the reason for that determination and to cite the provisions of formally adopted school policy that apply.
Source:
SL 2016, ch 92, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-1 - School health services--Coordination by registered nurse.

13-33A-1. School health services--Coordination by registered nurse.
A public school system shall provide school health services coordinated by a registered nurse, whose services may be shared by one or more school systems. The services shall include assessment and implementation of services for students with special needs, administration of medications, and performance of specialized health care procedures.
The registered nurse is responsible for the training and supervision of any school employee to whom provision of any of the services listed in this section is delegated.
Source:
SL 1993, ch 144, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-2 - Promulgation of rules--Board of Education Standards--Board of Nursing--Application of chapter.

13-33A-2. Promulgation of rules--Board of Education Standards--Board of Nursing--Application of chapter.
By rules promulgated pursuant to chapter 1-26, the South Dakota Board of Education Standards shall establish the requirements for storage and control of medications at the school site and the policies and procedures for provision of the school health services listed in §13-33A-1.
Pursuant to chapter 1-26, the Board of Nursing shall promulgate rules regarding any function of nursing as defined in chapter 36-9 that may be delegated to a school employee at a school site.
This section applies only to public school systems that have students with special needs.
Source:
SL 1993, ch 144, §2; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-4 - Stock of epinephrine auto-injectors for emergency situations.

13-33A-4. Stock of epinephrine auto-injectors for emergency situations.
Any school may acquire and maintain a stock of epinephrine auto-injectors pursuant to a prescription issued by an authorized health care provider for use in an emergency situation of a severe allergic reaction causing anaphylaxis. The provisions of this section are not subject to the prescription requirements in subdivision 36-11-2(21).
Source:
SL 2014, ch 89, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 33A - School Health Services › Section 13-33A-5 - Policy for use and storage of epinephrine auto-injectors.

13-33A-5. Policy for use and storage of epinephrine auto-injectors.
Each school shall adopt a policy for the use and storage of epinephrine auto-injectors and shall notify the parents or guardians of each student about the policy.
Source:
SL 2014, ch 89, §2.