reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-4 - School facilities located on federal property.

13-15-4. School facilities located on federal property.
The school facilities described in §13-15-3 may be located on federal property upon which the federal government holds exclusive jurisdiction provided such federal property adjoins the school district making such contract.
Source:
SL 1959, ch 63; SDC Supp 1960, §15.2301; SL 1963, ch 78.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-5 - Rules applicable to education provided under federal contract--Acceptance in lieu of public education.

13-15-5. Rules applicable to education provided under federal contract--Acceptance in lieu of public education.
Education provided under §13-15-3 shall comply with the rules of the South Dakota Board of Education Standards. Such education, when supplied by a federally operated school shall be considered in lieu of the public education required by law to be furnished by the school districts.
Source:
SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, §15.201; SL 1963, ch 78; SL 1975, ch 128, §93; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-6 - School operating under federal contract credited to district--Application of school district laws--Eligibility for state and county school funds.

13-15-6. School operating under federal contract credited to district--Application of school district laws--Eligibility for state and county school funds.
School districts entering into contractual agreements specified in §13-15-3 shall be considered as operating a school whether or not the school is located within the boundary of such district. It shall be subject to the same laws as any other school district. It shall be eligible to receive all state and county school funds to which other school districts are entitled.
Source:
SL 1959, ch 63; SDC Supp 1960, §15.2301; SL 1963, ch 78; SL 1975, ch 128, §94.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-7 - Conveyance of school district property to United States for educational purposes--Terms of conveyance--Resolution and deed.

13-15-7. Conveyance of school district property to United States for educational purposes--Terms of conveyance--Resolution and deed.
The school board of any school district shall be authorized to sell, donate, grant, or convey, any real property which is now or may hereafter be owned by it to the United States as sites for federal buildings, institutions, or facilities for educational purposes, upon such terms as may be determined by the board. Such sale, donation, grant, or conveyance may be made at any time, and upon such terms as the school board in its sole, unqualified discretion may determine proper.
Whenever the school board deems it advisable and in the best interests of the district to convey any such property to the United States as aforesaid, it shall by resolution direct that said property be so transferred and conveyed. Thereupon a deed of conveyance shall be made to the United States which deed shall vest the grantee therein with all the right, title, and interest of the school district in and to the real property conveyed.
Source:
SL 1959, ch 63; SDC Supp 1960, §15.2301; SL 1963, ch 78; SL 1975, ch 128, §95.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-8.1 - Interstate school district agreements to establish tuition rate--School board action--Appeal of school board decision.

13-15-8.1. Interstate school district agreements to establish tuition rate--School board action--Appeal of school board decision.
Any school district having a common boundary with a border state may enter into agreements with school districts of the border state having a common boundary with the South Dakota school district to establish a rate of tuition. The school board shall take action on any request that a tuition rate be established within forty-five days after receiving the request. The school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by §13-46-1 or to the secretary of the Department of Education within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education.
Source:
SDC Supp 1960, §15.3307 as added by SL 1964, ch 46; SL 1967, ch 46; SDCL, §13-15-8; SL 1971, ch 108; SL 1996, ch 110, §2; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-9 - Interstate assignment of students on reciprocal basis only.

13-15-9. Interstate assignment of students on reciprocal basis only.
A school district in South Dakota with such a common boundary may not assign students to a district in another state if such district of said state prohibits or restricts students of said district from being assigned to a South Dakota school district.
Source:
SDC Supp 1960, §15.3307 as added by SL 1964, ch 46; SL 1967, ch 46; SL 1986, ch 27, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-11 - Contracts between districts for joint facilities.

13-15-11. Contracts between districts for joint facilities.
The school board of any school district with boundaries adjoining another state may enter into an agreement or contract with the officers of a school district in another state when the provisions of such agreement or contract have been approved by the secretary of the Department of Education to provide for the education of the children who reside within such school district and to provide for the erection, operation, and maintenance of school facilities for both school districts upon such terms and conditions as may be mutually agreed upon between such school districts subject to the limitations as provided by law. Such contract or agreement shall not be subject to the provisions of the tuition law.
Source:
SL 1957, ch 71; SDC Supp 1960, §15.2245; SL 1973, ch 85, §42; SL 1975, ch 128, §97; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-12 - Financing of interstate joint facilities.

13-15-12. Financing of interstate joint facilities.
The district entering into such agreements or contracts may borrow money, levy taxes, and issue bonds and use the proceeds thereof in accordance with and subject to the limitations of laws governing school districts in South Dakota.
Source:
SL 1957, ch 71; SDC Supp 1960, §15.2245.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-13 - Location of interstate joint facilities.

13-15-13. Location of interstate joint facilities.
Facilities erected and maintained pursuant to agreements or contracts pursuant to §13-15-11 may be located in South Dakota or in a neighboring state.
Source:
SL 1957, ch 71; SDC Supp 1960, §15.2245.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-14 - Joint facilities credited to district--Kindergarten through grade six required--Exception.

13-15-14. Joint facilities credited to district--Kindergarten through grade six required--Exception.
School districts entering into contractual agreements specified in §13-15-11 or 13-15-1.3 are considered to be operating a school whether or not the school is located within the boundary of the district. In any event, each school district, except those which have entered into an approved contract under the provisions of §13-15-11, shall operate at least an instructional program for kindergarten through grade six within the boundaries of the district.
Source:
SL 1957, ch 71; SDC Supp 1960, §15.2245; SL 1963, ch 76; SL 1975, ch 128, §98; SL 1981, ch 137, §2; SL 1983, ch 126, §6; SL 1985, ch 129, §23; SL 1986, ch 122, §§1, 24; SL 1996, ch 69, §8; SL 2004, ch 128, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-20 - Agreement and contracts with education commission of the states.

13-15-20. Agreement and contracts with education commission of the states.
The Governor is authorized to enter into an agreement with the education commission of the states and to contract for special projects, with the approval of the Executive Board of the Legislative Research Council.
Source:
SL 1985, ch 124, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-21 - Enrollment in adjoining school districts in Minnesota.

13-15-21. Enrollment in adjoining school districts in Minnesota.
Any student who resides in a South Dakota school district adjoining a school district in Minnesota may enroll in the adjoining school district in Minnesota under one of the following options:
(1)Any school board that operates a K-8 school or does not operate a school may contract with the adjoining school district in Minnesota;
(2)Any school board may assign students to the adjoining school district in Minnesota. Any person who is aggrieved by the assignment decision of the school board may request a hearing within thirty days before the secretary of the Department of Education or the secretary's representative. If the Department of Education has not rendered a decision within thirty days following final submission of appeal, the board's decision is affirmed; or
(3)Any school board may enter into a memorandum of agreement with the school board of the adjoining school district in Minnesota to permit students from both school districts to enroll in either school district.
The intention of a Minnesota student to enroll in a South Dakota school shall be made known to the affected school before July first of the school term.
Source:
SL 1992, ch 123, §1; SL 1993, ch 132, §1; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-21.1 - Reciprocity required for enrolling in Minnesota school district--Application of section.

13-15-21.1. Reciprocity required for enrolling in Minnesota school district--Application of section.
Any student who resides in a South Dakota school district adjoining a Minnesota school district may enroll in the adjoining school district if the adjoining border district's students have reciprocal rights to attend a South Dakota school.
This section does not apply to any school district that was engaged in 1994 in the reorganization process pursuant to chapter 13-6 until July 1, 1998.
Source:
SL 1994, ch 117, §§1, 2; SL 1995, ch 95, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-23 - Transportation needs for students commuting between South Dakota and Minnesota.

13-15-23. Transportation needs for students commuting between South Dakota and Minnesota.
For any student attending a school pursuant to §13-15-21, student transportation shall be negotiated between the districts of residence and attendance with consideration to differing transportation needs any payment thereof shall be negotiated. Transportation options may include bus service to and from the district boundary or a designated location, or bus service to and from the student's home.
Source:
SL 1992, ch 123, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-24 - Resident school district responsible for tuition of student enrolled in Minnesota school.

13-15-24. Resident school district responsible for tuition of student enrolled in Minnesota school.
For any student who is enrolled in a Minnesota school district pursuant to §13-15-21.1, the resident district school is responsible for the payment of tuition to the receiving school district.
Source:
SL 1995, ch 95, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-25 - Agreement with nonprofit organization to provide for children's recreation--Funding.

13-15-25. Agreement with nonprofit organization to provide for children's recreation--Funding.
The school board of a school district may enter into an agreement or contract with a nonprofit organization to provide for the recreation of the children who reside within the school district and to provide for the construction, operation, and maintenance of any recreational facility for the school district and the nonprofit organization upon terms and conditions as may be mutually agreed. The nonprofit organization shall be an exempt organization under section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. If a school district incurs any indebtedness through an agreement or contract with a nonprofit organization pursuant to this section, the school district shall comply with any requirement concerning indebtedness of a school district including public notification or bond election.
Source:
SL 1998, ch 90, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-26 - Certain agreements forbidden.

13-15-26. Certain agreements forbidden.
No school district may enter into contractual agreements pursuant to §13-15-1.3 or 13-15-11 after July 1, 1998.
Source:
SL 1998, ch 89, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-27 - Agreements exempt from § 13-15-26.

13-15-27. Agreements exempt from §13-15-26.
Any school district that has entered into contractual agreements pursuant to §13-15-1.3 or 13-15-11 on or before July 1, 1997, is not subject to the provisions of §13-15-26.
Source:
SL 1998, ch 89, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-28 - Reorganization of district based on number of students--Exception for district within reservation boundaries.

13-15-28. Reorganization of district based on number of students--Exception for district within reservation boundaries.
Any school district that enters into contractual agreements pursuant to §13-15-11 and sends over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining school district or districts located in South Dakota shall reorganize the school district pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this section, the number of students attending adjoining districts shall be based on fall enrollment as defined in §13-13-10.1. This section does not apply to a school district located wholly within the boundaries of an Indian reservation.
Source:
SL 1998, ch 89, §5; SL 1999, ch 85, §1; SL 2000, ch 84, §7; SL 2007, ch 93, §16.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-29 - Student enrolling in nonresident district remains financial obligation of resident district.

13-15-29. Student enrolling in nonresident district remains financial obligation of resident district.
Notwithstanding the provisions of §13-28-40, any student who enrolls in another school district pursuant to the provisions contained in §13-28-40 to 13-28-47, inclusive, in a grade for which the student's resident district contracts for services pursuant to §13-15-1.3 or 13-15-11 remains the financial obligation of the resident district.
Source:
SL 2000, ch 82, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-30 - Agreements for whole-grade sharing of students--Conditions.

13-15-30. Agreements for whole-grade sharing of students--Conditions.
Notwithstanding the provisions of §13-5-1, the school board of any school district may enter into an agreement or contract with one or more school boards of other school districts to provide for the whole-grade sharing of students among the participating school districts if:
(1)The school district offers an instructional program within the boundaries of the school district; and
(2)The school district meets the minimum fall enrollment requirements pursuant to §13-6-97.
For purposes of §§13-15-30 to 13-15-32, inclusive, whole-grade sharing is a sharing arrangement for students among participating school districts that allows the resident students at any one or more grade levels within one school district to attend school in one or more of the other participating school districts. The whole-grade sharing may be one-way whereby a participating school district sends all of its students at one or more grade levels to attend school in one or more of the other participating school districts without receiving any students in return.
The whole-grade sharing may also be two-way whereby a school district sends all of its students at one or more grade levels to attend school in one or more of the other participating school districts, and in return receives students at one or more grade levels from one or more of the other participating school districts.
Source:
SL 2009, ch 81, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-31 - Approval and adoption of agreements for whole-grade sharing of students--Term--Termination--Requirements.

13-15-31. Approval and adoption of agreements for whole-grade sharing of students--Term--Termination--Requirements.
Any agreement or contract entered into pursuant to §13-15-30 shall be approved by the secretary of education and shall remain in effect for a period of at least three years. It shall provide for the sharing of governance among the participating school districts. The school board of each participating school district shall adopt the contract or agreement no later than February first of the school year preceding the school year for which the agreement will take effect. The contract or agreement may be terminated by any participating school district if that school district provides written notice to the other participating school districts at least eighteen months prior to the termination.
The contract or agreement shall adhere to the following provisions:
(1)Students at one grade level within a school district are only eligible to attend school in another participating school district if all the students at that particular grade level within the school district are sent to another participating school district. The school boards of the participating school districts shall determine which students and which facilities will be shared under the terms of the agreement;
(2)The participating school districts may negotiate the rate of tuition that will be charged for any student sent to attend school in another participating school district. However, the rate of tuition per year may not be less than the per student allocation as defined in §13-13-10.1 for that school fiscal year;
(3)The fall enrollment as defined in §13-13-10.1 for each participating school district shall include any students that the school district sends to another participating school district to attend school, and may not include any students that are sent to the school district to attend school from other participating school districts;
(4)For the purposes of determining adequate yearly progress under the state's accountability system established in §13-3-62, and calculating the graduation rates, any student sent to another participating school district to attend school shall be counted in the receiving school district; and
(5)For the purposes of state aid for special education, the school residence of any student in need of special education or special education and related services who is sent to a participating school district to attend school remains with the sending school district. However, both the sending and the receiving school districts shall agree upon the student's individualized education program.
Source:
SL 2009, ch 81, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 15 - Intergovernmental Cooperation In Education › Section 13-15-32 - Promulgation of rules for whole-grade sharing of students.

13-15-32. Promulgation of rules for whole-grade sharing of students.
The Department of Education shall promulgate rules pursuant to chapter 1-26 to establish the procedures and timelines for approving the contracts and agreements.
Source:
SL 2009, ch 81, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-1 - Sources of school district funds.

13-16-1. Sources of school district funds.
School district funds are all moneys received by the school district or schools within said district or as a result of an activity carried on by the said school. Said funds come from the following sources: taxes, income from school property; school district borrowing through bonds or promissory notes; funds received from federal, state, or other political subdivisions; funds received from individuals or organizations through paid admission, payments for materials or services, gifts, or trusts; funds received from fines and penalties; and any other funds received by the school district or schools from any other source.
Source:
SL 1955, ch 41, ch 10, §1; SDC Supp 1960, §15.2201.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-2 - Funds to comport with generally accepted accounting principles.

13-16-2. Funds to comport with generally accepted accounting principles.
All school district funds shall be placed in funds as defined in §4-4-4.
Source:
SL 1955, ch 41, ch 10, §§1, 2, 4; SDC Supp 1960, §§15.2201, 15.2202, 15.2204; SL 1963, ch 74, §2; SL 1963, ch 75, §1; SL 1964, ch 40; SL 1965, ch 47; SL 1975, ch 128, §100; SL 1991, ch 138, §1; SL 2012, ch 88, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-3 - General fund defined.

13-16-3. General fund defined.
The general fund of the school district is a fund provided by law to meet all the operational costs of the school district, excluding capital outlay fund and special education fund expenditures pursuant to §13-13-37, and to redeem all outstanding warrants against the general fund. Notwithstanding the provisions of §13-16-6, the general fund may be used to purchase or lease computer hardware and software. The general fund may be used to support a technical college and other career and technical education purposes.
Source:
SL 1955, ch 41, ch 10, §2; SDC Supp. 1960, §15.2202; SL 1963, ch 74, §2; SL 1964, ch 40; SL 1975, ch 128, §101; SL 1987, ch 135, §3; SL 1989, ch 146, §2; SL 2003, ch 96, §2; SL 2008, ch 80, §1; SL 2014, ch 93, §3, eff. Mar. 28, 2014; SL 2020, ch 61, § 39.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-4 - Lease payments from general fund in federally affected areas--Purchase on option made from capital outlay fund.

13-16-4. Lease payments from general fund in federally affected areas--Purchase on option made from capital outlay fund.
The general fund in any school district authorized to receive funds from the federal government under Public Law 874 may be utilized for lease payments on equipment, teacherages, buildings, and other real estate, subject to the limitation that no more than ten percent of the general fund budget may be expended for lease payments during any school fiscal year. If the lease agreement provides for an option to purchase the leased property at the end of the lease period upon payment of a stipulated amount, the final payment at the end of the lease which shall result in acquisition of the property and title thereto, shall be made from the capital outlay fund subject to the provisions of §§13-16-6 to 13-16-9, inclusive.
Source:
SDC Supp 1960, §15.2202 as added by SL 1963, ch 74, §2; SL 1964, ch 40.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-6 - Capital outlay fund--Definition--Uses--Levy.

13-16-6. Capital outlay fund--Definition--Uses--Levy.
The capital outlay fund of the school district is a fund provided by law to meet expenditures which result in the acquisition or lease of or additions to real property, plant, or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase or lease of equipment. It may also be used for installment or lease-purchase payments for the purchase of real property, plant, or equipment, which have a contracted terminal date not exceeding twenty years from the date of the installment contract or lease-purchase and for the payment of the principal of and interest on capital outlay certificates issued pursuant to §13-16-6.2.
Any purchase of one thousand dollars or less may be paid out of the general fund. The total accumulated unpaid principal balances of such installment contracts and lease-purchase and the outstanding principal amounts of such capital outlay certificates may not exceed three percent of the taxable valuation. The school district shall provide a sufficient levy each year under the provisions of §13-16-7 to meet the annual installment contract, lease-purchase, and capital outlay certificate payments, including interest.
A school district which contracts its student transportation may expend from the capital outlay fund an amount not to exceed fifteen percent of the contract amount. In addition, a school district which reimburses for mileage instead of providing transportation pursuant to §13-30-3, may use the capital outlay fund to pay for fifteen percent of its mileage reimbursement costs.
The capital outlay fund may be used to purchase textbooks and to purchase or renew instructional software.
The capital outlay fund may be used to purchase warranties on capital assets if the warranties do not include supplies.
A school district may transfer from its capital outlay fund to its general fund an amount not to exceed forty-five percent of the total tax revenues deposited in that fund during the current school fiscal year.
Source:
SL 1947, ch 80; SL 1953, ch 56; SL 1955, ch 41, ch 10, §3; SDC Supp 1960, §15.2203; SL 1970, ch 100, §1; SL 1973, ch 91, §1; SL 1975, ch 128, §102; SL 1978, ch 109, §1; SL 1988, ch 138, §1; SL 1989, ch 146, §3; SL 1996, ch 111; SL 1997, ch 91, §1; SL 2001, ch 72, §1; SL 2001, ch 80, §1; SL 2002, ch 85, §1; SL 2006, ch 79, §1; SL 2009, ch 82, §1; SL 2011, ch 93, §1; SL 2013, ch 75, §1; SL 2016, ch 83, §15; SL 2020, ch 54, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-6.1 - Bidders on installment purchases or lease-purchase agreement to state interest rate and installment schedule.

13-16-6.1. Bidders on installment purchases or lease-purchase agreement to state interest rate and installment schedule.
Notwithstanding the provisions of chapters 5-18A and 13-20, if any proposed installment purchase contract or lease-purchase agreement authorized under chapter 13-16, is to be entered into by a school district, the notice for bidders shall require the bidders to state the rate of interest and the installment payment or lease-purchase schedule that would have to be made by the school district in fulfillment of the contract. However, the requirement of this section does not apply to any installment purchase or lease-purchase to be entered into between a school district and the health and educational facilities authority.
Source:
SL 1973, ch 91, §3; SL 1978, ch 109, §2; SL 1989, ch 146, §4; SL 2011, ch 2, §122.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-6.2 - Capital outlay certificates authorized--Issuance--Sale--Election--Maturity.

13-16-6.2. Capital outlay certificates authorized--Issuance--Sale--Election--Maturity.
The school board of any school district may issue capital outlay certificates to acquire or construct real property, plant, or equipment. All capital outlay certificates shall be authorized, issued, and sold in accordance with the provisions of chapter 6-8B. However, no election other than as provided in §§13-16-6.3 and 13-16-6.4 may be held, and the certificates may not have a maturity date in excess of twenty years from the date of issuance.
Source:
SDCL, §§13-16-6, 13-16-6.1, as enacted by SL 1978, ch 109, §§1, 2; SL 1984, ch 43, §102B; SL 1988, ch 140, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-6.3 - Hearing on installment purchase, lease-purchase or capital outlay certificates--Approval or reference to voters.

13-16-6.3. Hearing on installment purchase, lease-purchase or capital outlay certificates--Approval or reference to voters.
Any proposed installment purchase contract, lease-purchase, or issue of capital outlay certificates authorized pursuant to §13-16-6 or 13-16-6.2 which will obligate the school district for future payments on the principal, the total of which will exceed one and one-half percent of the taxable valuation of taxable property within the district, may not be entered into, or certificates issued, unless prior thereto the school board conducts a public hearing thereon after having given notice by publication at least twice in its official newspaper at least ten days before the hearing. Upon the hearing the board may approve the action or may refer the matter to the voters of the district.
Source:
SL 1973, ch 91, §2; SDCL, §13-16-6.2; SL 1978, ch 109, §3; SL 1989, ch 146, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-6.4 - Referendum petition and election on installment purchase or capital outlay certificates.

13-16-6.4. Referendum petition and election on installment purchase or capital outlay certificates.
Approval to enter into an agreement or issue capital outlay certificates to which §13-16-6.3 applies is subject to a referendum if five percent of the registered voters, based upon the total number of registered voters at the last preceding general election, petition, within twenty days thereafter, to have the question of approval or disapproval of the agreement or issue of capital outlay certificates or the lease-purchase agreement placed upon the ballot at the next regular election or at a special election called for that purpose. The business manager shall give notice of the fact that the question will be on the ballot at a regular or special election as provided by law for school elections and prepare official ballots therefor according to the provisions of this title relating to elections and the issue shall be decided by sixty percent of those voting thereon.
Source:
SL 1973, ch 91, §2; SDCL, §13-16-6.3; SL 1978, ch 109, §4; SL 1986, ch 124, §6; SL 1987, ch 67, §11; SL 1989, ch 146, §6; SL 2000, ch 75, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-7.2 - Maximum taxes--Pledge of taxes.

13-16-7.2. Maximum taxes--Pledge of taxes.
Starting with taxes payable in 2021, a school district is limited to the maximum taxes allowed pursuant to §13-16-7 or three thousand four hundred dollars for each enrolled student as determined in the fall enrollment count set forth in §13-13-10.1 for the prior school year, whichever is less. For 2022 and subsequent years, the maximum amount for each enrolled student shall increase by the lesser of three percent or the index factor, as defined in §10-13-38.
If a school district has irrevocably pledged taxes collected to the payment of principal and interest on installment purchase contracts or capital outlay certificates entered into or issued pursuant to §13-16-6 or 13-16-6.2 or lease-purchase agreements or other arrangements with the Health and Educational Facilities Authority prior to July 1, 2016, that school district may raise taxes allowed pursuant to §13-16-7 and this section in an amount necessary to fund those payments and obligations and to provide additional funding of up to three thousand four hundred dollars for each enrolled student as determined in the fall enrollment count set forth in §13-13-10.1. In no year may the annual tax levy provided in this section exceed the levy authorized under §13-16-7.
Source:
SL 2018, ch 94, §2; SL 2020, ch 55, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-7.3 - Maximum pledge of taxes--Limitations.

13-16-7.3  .  Maximum pledge of taxes--Limitations.
Notwithstanding the provisions of §13-16-7, a school board that, in calendar year 2020 was limited to a maximum capital outlay revenue of one thousand four hundred dollars or less per student is eligible, starting with taxes payable in 2021, to authorize the levy of a tax not to exceed three dollars per thousand of taxable valuation for the capital outlay fund for assets as defined by §  13-16-6   or for the district's obligations under a resolution, lease-purchase agreement, capital outlay certificate, or other arrangement with the Health and Educational Facilities Authority.
Any district that exceeds the limits provided in §  13-16-7   may not collect more than one thousand four hundred dollars for each enrolled student for capital outlay in taxes payable in 2021. For 2022 and subsequent years, the maximum amount for each enrolled student shall increase by the lesser of three percent or the index factor, as defined in §  10-13-38  .
Source:  SL 2020, ch 55, § 3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-7.4 - Maximum pledge of taxes--Transition.

13-16-7.4  .  Maximum pledge of taxes--Transition.
Any school district impacted by the three thousand four hundred dollar tax limitation as provided in §  13-16-7.2   during calendar years 2021, 2022, and 2023 may transfer to the general fund the actual total dollar amount the school district transferred in fiscal year 2020. Beginning in calendar year 2024, any impacted school district is limited to the transfer amount provided for in §  13-16-6  .
Source:  SL 2020, ch 55, § 5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-8 - Bond and certificate proceeds placed in capital outlay fund.

13-16-8. Bond and certificate proceeds placed in capital outlay fund.
Money received from the sale of capital outlay bonds and capital outlay certificates shall be placed in the capital outlay fund.
Source:
SL 1955, ch 41, ch 10, §3; SDC Supp 1960, §15.2203; SL 1978, ch 109, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-9 - Expenditure of money from capital outlay fund.

13-16-9. Expenditure of money from capital outlay fund.
Money can be expended from the capital outlay fund only for the purposes defined in §13-16-6 and for the redemption of outstanding warrants against this fund.
Source:
SL 1955, ch 41, ch 10, §3; SDC Supp 1960, §15.2203.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-9.1 - Validation of prior school district contracts.

13-16-9.1. Validation of prior school district contracts.
All contracts and agreements entered into prior to January 1, 1988, by any school district under the provisions of §13-16-6, that have resulted in the acquisition of fixed assets or addition to fixed assets, provided the amounts involved do not result in the creation of indebtedness in excess of constitutional or statutory debt limits, are hereby legalized and validated notwithstanding any irregularity or defect in the proceedings resulting in the contracts and agreement; and all of the contracts and agreements are hereby declared to exist as valid obligations of the school districts, payable from their capital outlay funds.
Source:
SL 1973, ch 90; SL 1983, ch 128, §1; SL 1988, ch 139, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-9.2 - Five-year plan required when fund used to construct new facilities or additions.

13-16-9.2. Five-year plan required when fund used to construct new facilities or additions.
Any school district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities must develop and maintain a five-year plan on the annual projected revenues and the annual projected expenditures for the capital outlay fund and such projected expenditures shall itemize the projected costs for new or additional facilities.
Source:
SL 1977, ch 126, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-9.3 - Public hearing for use of capital outlay fund--Notice.

13-16-9.3. Public hearing for use of capital outlay fund--Notice.
Any school district using the capital outlay fund for payment of construction of new facilities or construction of additions to facilities, the total of which requires advertising for bids under chapter 5-18A, shall have a public hearing at least ten days prior to the advertisement of any contract specifications. The public hearing shall be advertised in the legal newspaper of the school district. Following the public hearing, and approval of the school board, the school district may use the capital outlay fund as provided in §13-16-6. No school district may change the originally advertised use of the fund without holding another public hearing.
Source:
SL 1977, ch 126, §2; SL 2011, ch 2, §123.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-10 - Annual levy to pay school district bonds--Irrepealable--Exclusive of maximum levy.

13-16-10. Annual levy to pay school district bonds--Irrepealable--Exclusive of maximum levy.
At or before the issuing of any bonds the school board shall provide for the collection of an annual tax sufficient to pay the interest and principal thereof when due, for the entire term of years for which said bonds are to run, by proper resolution, copy of which shall be filed with the county auditor. All such levies when legally made shall be irrepealable until such debt shall be paid or sufficient moneys have been accumulated to pay such debt, and shall be exclusive of the maximum levy provided for other school district funds.
Source:
SDC 1939, §15.2208; SL 1955, ch 41, ch 10, §4; SDC Supp 1960, §15.2204; SL 1963, ch 75, §1; SL 1965, ch 47.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-11 - Levy of annual tax for school district bonds--Reduction on accumulation of surplus in bond redemption fund.

13-16-11. Levy of annual tax for school district bonds--Reduction on accumulation of surplus in bond redemption fund.
The county auditor shall have the power and the duty to levy a tax from year to year against the property of the district in accordance with such resolution to meet said bond redemption fund payments when due without further notice or demand from such school district, provided, however, that if a surplus in the bond redemption fund exceeds the principal and interest requirements for one year in addition to such requirements for the current year, the school board may by resolution, determine the amount of such surplus and certify said amount to the county auditor on or before September first and the county auditor shall thereupon be authorized to reduce the required levy for the bond redemption fund to be spread upon the tax list for collection in the following year by the amount so certified.
Source:
SDC 1939, §15.2208; SL 1955, ch 41, ch 10, §4; SDC Supp 1960, §15.2204; SL 1963, ch 75, §1; SL 1965, ch 47.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-12 - Refunding bond proceeds placed in bond redemption fund--Reduction of annual tax levy.

13-16-12. Refunding bond proceeds placed in bond redemption fund--Reduction of annual tax levy.
Money received from the sale of refunding bonds shall be placed in the bond redemption fund to be held, or invested, and applied to the payment of the bonds to be refunded. The school board shall cause to be certified to the county auditor the amount of money so received and placed in the bond redemption fund each school fiscal year and the county auditor shall reduce by such amount the taxes to be levied to meet payments on the refunded bonds.
Source:
SDC Supp 1960, §15.2204 as added by SL 1963, ch 75, §1; SL 1965, ch 47.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-13 - Tax proceeds paid into bond redemption fund--Purposes for which used.

13-16-13. Tax proceeds paid into bond redemption fund--Purposes for which used.
When the tax levied under §13-16-11 shall be collected the business manager shall enter the same into the bond redemption fund and the same shall not be used for any other purpose and shall be applied to the payment of bonds when due and for the payment of interest thereon.
Source:
SL 1955, ch 41, ch 10, §4; SDC Supp 1960, §15.2204; SL 1963, ch 75, §1; SL 1965, ch 47; SL 1975, ch 128, §104.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-14 - Restriction on transfers from bond redemption fund.

13-16-14. Restriction on transfers from bond redemption fund.
No money in the bond redemption fund may be transferred to any other fund unless a sufficient amount of money is retained in this fund to retire all outstanding bonds together with such interest as will accrue on such bonds. If any money is transferred from the bond redemption fund, the money shall be transferred to the general fund or the capital outlay fund.
Source:
SL 1955, ch 41, ch 10, §4; SDC Supp 1960, §15.2204; SL 1963, ch 75, §1; SL 1965, ch 47; SL 2005, ch 99, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-15 - Designation of depositories for school district--Resolution.

13-16-15. Designation of depositories for school district--Resolution.
The school board of every school district shall by resolution duly adopted at any annual, regular, or special meeting designate any bank or banks within the state as depositories for the funds or any part or parts of the funds of the district.
Source:
SDC 1939, §15.2524; SL 1955, ch 41, ch 10, §7; SL 1957, ch 69; SDC Supp 1960, §15.2207; SL 1975, ch 128, §105; SL 1992, ch 124.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-15.1 - Domestic savings and loan associations as official depositories--Restrictions.

13-16-15.1. Domestic savings and loan associations as official depositories--Restrictions.
Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for school district funds; provided such funds are invested only in the accounts of such associations which are insured by the federal Savings and Loan Insurance Corporation. The amount so invested in any one association may not exceed the amount which is covered by such insurance unless such association qualifies as a savings and loan depository as provided by chapter 4-6A.
Source:
SL 1974, ch 303; SL 1982, ch 45, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-18 - Deposit and investment of fund accumulations--Crediting of interest--Maturity of bond redemption fund investments--Filing of resolutions.

13-16-18. Deposit and investment of fund accumulations--Crediting of interest--Maturity of bond redemption fund investments--Filing of resolutions.
All accumulations in all school district funds shall be deposited in lawful depositories in checking accounts, savings accounts, or time deposits, or invested, except as hereinafter limited, in:
(1)Bonds, registered warrants, or promissory notes of the school district making the investment, or securities issued and guaranteed by the United States government; or
(2)Investments authorized by §4-5-6.2.
The interest accruing on the investment or deposit shall be credited to the respective fund or the general fund. Other than permanent, trust, retirement, building, and depreciation reserve funds, such securities shall mature within eighteen months from the date of purchase or be redeemable at par at the option of the holder within eighteen months from the date of purchase.
Moneys in any bond redemption fund may be invested only in the types of investments listed in subdivision (1). The investments shall be due and payable on or before the date when the bonds for the payment of which the bond redemption fund was created become due and payable, except bonds of the United States redeemable at par.
In carrying out the provisions of this section, all transactions shall be by resolutions of the board, which resolutions shall be regularly filed and recorded with the business manager as a public record.
Source:
SDC 1939, §15.2209; SL 1955, ch 41, ch 10, §6; SDC Supp 1960, §15.2206; SL 1976, ch 114; SL 1978, ch 108; SL 1985, ch 126; SL 2011, ch 26, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-18.1 - Domestic federal credit union as public depository--Requirement.

13-16-18.1. Domestic federal credit union as public depository--Requirement.
Any domestic federal credit union chartered by the United States is a qualified public depository for school district funds if such funds are invested in accounts which are insured by the National Credit Union Administration.
Source:
SL 1987, ch 71, §3; SL 1988, ch 27, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 16 - School District Funds And Accounts › Section 13-16-19 - Custodial funds--Stewardship--Designation of employee--Surety bond.

13-16-19. Custodial funds--Stewardship--Designation of employee--Surety bond.
The school board shall prescribe policies and procedures governing the stewardship of custodial funds consistent with provisions of this title. The school board may designate an employee of the school district to be in charge of each custodial fund. The employee designated, if other than the business manager, shall be placed under surety bond in the amount estimated to be in the hands of the employee at any one time during the school fiscal year. The school district shall pay the premium on the surety bond.
Source:
SL 1955, ch 41, ch 10, §11; SDC Supp 1960, §15.2211; SL 1976, ch 115, §3; SL 2012, ch 88, §10; SL 2020, ch 53, § 1.