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CHAPTER 13-24

SCHOOL GROUNDS AND BUILDINGS

13-24-1      School board authority to purchase or lease land for school purposes.
13-24-2      Eminent domain power for acquisition of school land--Resolution and action by school board.
13-24-3      Selection of school site on state-owned land--Appraisement, sale, and conveyance to school district.
13-24-4      Exchange of property with state, municipality, township, or county.
13-24-5      Oil and gas exploration and development leases authorized--Private or public sale.
13-24-6      Pooling and unitization of oil and gas development authorized.
13-24-7      Oil and gas leases not to interfere with school purposes.
13-24-8      Oil and gas proceeds paid into district general fund.
13-24-9      School board power to erect, acquire, equip and dispose of school and accessory buildings--Dormitories for postsecondary students prohibited.
13-24-10      Maximum term of leases of school property--Bid requirements.
13-24-11      Equipment, maintenance, and repair of buildings and athletic fields.
13-24-12, 13-24-13.      Repealed.
13-24-14      Repealed.
13-24-15      Repealed.
13-24-16      Sanitary facilities and utilities required for school buildings.
13-24-17      Flagpole required--Display of flag.
13-24-17.1      Display of Ten Commandments permitted--Conditions.
13-24-17.2      Right to post flag--Opportunity to recite pledge of allegiance--National anthem.
13-24-18      Repealed.
13-24-18.1      Repealed.
13-24-18.2, 13-24-18.3.      Repealed.
13-24-18.4      Repealed.
13-24-19      Repealed.
13-24-20      Use of school facilities or buses for other community or commercial purposes--Compensation--Liability for damages.
13-24-21      Fee for use of school parking facilities.
13-24-22      Representatives of patriotic societies permitted to speak to students at public schools.
13-24-23      National motto to be displayed in prominent location of public school.
13-24-24      Litigation regarding display of national motto--Attorney general to provide representation--State to pay expenses.


     13-24-1.   School board authority to purchase or lease land for school purposes. The school board of a school district shall have authority to purchase or lease land for school purposes, subject to the rules for the use of such land as adopted by the South Dakota Board of Education Standards.

Source: SL 1945, ch 67; SL 1955, ch 41, ch 11, § 1; SDC Supp 1960, § 15-2101; SL 1975, ch 128, § 150; SL 2017, ch 81, § 57.


     13-24-2.   Eminent domain power for acquisition of school land--Resolution and action by school board. In the purchase of any land lawfully authorized, as provided in § 13-24-1, in case the school board is unable to agree with the owners of such land on the purchase price thereof, the board is authorized to damage, acquire, and condemn such private property for the public purposes authorized by this chapter, and to pay for such damage and condemnation out of the capital outlay fund. When such board shall deem it necessary to take, damage, and condemn any private property for any of the purposes authorized by this section, it shall by proper resolution declare the necessity of such damaging, taking, or condemnation, stating the purposes and extent thereof, and thereupon the proceedings to take, damage, or condemn such property shall be had, as provided generally by law for the taking or damaging of private property for public purposes, in the name of the school district as plaintiff.

Source: SL 1945, ch 67; SL 1955, ch 41, ch 11, § 2; SDC Supp 1960, § 15.2102.


     13-24-3.   Selection of school site on state-owned land--Appraisement, sale, and conveyance to school district. Whenever land under the jurisdiction of the commissioner of school and public lands has been lawfully selected and authorized for purchase, as herein provided, located on a section line or a regularly established highway at one corner of a legal subdivision not within forty rods of any residence, without the consent of the owner thereof, and a plot of the land so selected shall have been in the Office of the Commissioner of School and Public Lands, the Board of School and Public Lands is authorized to direct an appraisement of such site and the same shall be appraised in the manner provided by law for the appraisement of school and public lands. Such appraisement shall not be less than the minimum price fixed by the Constitution for school and public lands.

Source: SDC 1939, § 15.2333; SL 1945, ch 67; SL 1955, ch 41, ch 11, § 3; SDC Supp 1960, § 15.2103; SL 1975, ch 128, § 151.


     13-24-4.   Exchange of property with state, municipality, township, or county. Any school district and the State of South Dakota, any municipality, organized township, or county within or partly within the boundaries of the school district may transfer, exchange, or convey land and properties belonging to them and under their jurisdiction upon terms and conditions determined and agreed upon by the respective governing bodies.

Source: SL 1949, ch 72; SL 1955, ch 41, ch 11, § 16; SL 1957, ch 50; SL 1959, ch 69; SDC Supp 1960, § 15.2116; SL 1973, ch 92; SL 1975, ch 128, § 152; SL 1981, ch 140.


     13-24-5.   Oil and gas exploration and development leases authorized--Private or public sale. The school board of any school district in this state is hereby authorized and empowered to lease its grounds, or any part thereof, for oil and gas exploration and development, for a primary term not to exceed ten years and as long thereafter as oil or gas is or can be produced. Such sale may be at private or public sale, and with or without notice, as may be provided in the resolution of the school board authorizing the same.

Source: SL 1941, ch 72, § 1; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.


     13-24-6.   Pooling and unitization of oil and gas development authorized. Any such oil and gas lease may provide, or said board by subsequent contract may agree, that the lessee and his assigns shall have the right and power to consolidate the land covered by said lease with other adjoining land for the purpose of joint development and operation of the entire consolidated premises as a unit, in which event the lessor of such lease shall share in the royalty on oil and gas produced from said consolidated tract in the proportion that the area of the land covered by such lease bears to the total area of said consolidated tract.

Source: SL 1941, ch 72, § 1; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.


     13-24-7.   Oil and gas leases not to interfere with school purposes. All such leases and the occupancy thereunder of the lands leased shall not interfere materially with the purposes for which said lands are used and occupied by the school district.

Source: SL 1941, ch 72, § 2; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.


     13-24-8.   Oil and gas proceeds paid into district general fund. All moneys arising from such leases or the production of oil or gas thereunder shall become a part of the general funds of such school district.

Source: SL 1941, ch 72, § 3; SL 1955, ch 41, ch 11, § 4; SDC Supp 1960, § 15.2104.


     13-24-9.   School board power to erect, acquire, equip and dispose of school and accessory buildings--Dormitories for postsecondary students prohibited. Any school board shall have power to erect, purchase, lease, rent, sell, equip, and move schoolhouses, dormitories, dwellings for teachers' homes, and other structures, fences, or other enclosure as the board shall deem necessary subject to the limitations as provided by law; provided, however, that no school board may erect or purchase dormitories for use by postsecondary or adult vocational education students attending postsecondary vocational schools.

Source: SDC 1939, § 15.2523 (1); SL 1939, ch 44; SL 1955, ch 41, ch 11, § 5; SDC Supp 1960, § 15.2105; SL 1963, ch 74, § 1; SL 1975, ch 129, § 3.


     13-24-10.   Maximum term of leases of school property--Bid requirements. Any school board shall have authority to lease equipment, teacherages, buildings, or other real estate and personal property for a period of not to exceed thirty years. The proposed aggregate lease payments provided for under a lease agreement shall be subject to the statutory bid requirements.

Source: SDC Supp 1960, § 15.2105 as added by SL 1963, ch 74, § 1.


     13-24-11.   Equipment, maintenance, and repair of buildings and athletic fields. Any school board shall have the power and duty to properly equip, provide for the proper maintenance and preservation, and keep in necessary repair all of said buildings and any playgrounds and athletic fields the district might acquire.

Source: SL 1955, ch 41, ch 11, § 5; SDC Supp 1960, § 15.2105; SL 1963, ch 74, § 1.


     13-24-12, 13-24-13.   Repealed by SL 1975, ch 128, § 377


     13-24-14.   Repealed by SL 1994, ch 111, § 3


     13-24-15.   Repealed by SL 1987, ch 138


     13-24-16.   Sanitary facilities and utilities required for school buildings. It shall be the duty of every school board and the governing body of nonpublic schools to provide for the health conditions of the school by furnishing each school with sanitary facilities and a supply of water suitable for drinking, and to maintain sanitary conditions, and to install electrical service and adequate lighting facilities and a telephone when such services are available to the school, except that for a temporary school to be operated for less than one school term, the school board shall have discretionary authority to determine whether or not to install electric and telephone services.

Source: SL 1955, ch 41, ch 11, § 19; SDC Supp 1960, § 15.2119; SL 1975, ch 128, § 154.


     13-24-17.   Flagpole required--Display of flag. All school boards are authorized and required to erect and maintain upon each public school building or upon the grounds surrounding the same, a good and sufficient flagstaff or pole, together with all necessary appliances, and to provide a United States flag of not less than three by five feet, which shall be floated from such flagstaff or pole during the school hours of each school day, except when a violent storm or inclement weather would destroy or materially injure such flag. The expenses shall be paid as other incidental expenses of the school district.

Source: SDC 1939, § 15.2102; SL 1955, ch 41, ch 11, § 18; SDC Supp 1960, § 15.2118; SL 1975, ch 128, § 155.


     13-24-17.1.   Display of Ten Commandments permitted--Conditions. An object or document containing the words of the Ten Commandments may be displayed in any public school classroom, public school building, or at any public school event, along with other objects and documents of cultural, legal, or historical significance that have formed and influenced the legal and governmental systems of the United States and the State of South Dakota. Such display of an object or document containing the words of the Ten Commandments:
             (1)      Shall be in the same manner and appearance generally as other objects and documents displayed; and
             (2)      May not be presented or displayed in any fashion that results in calling attention to it apart from the other displayed objects and documents.

Source: SL 2000, ch 79, § 1.


     13-24-17.2.   Right to post flag--Opportunity to recite pledge of allegiance--National anthem. The right to post the United States flag shall not be limited or infringed upon in any public school classroom, public school building, at any public school event, or on any public school uniform. Each school district shall provide students the opportunity to salute the United States and the flag each day by reciting the pledge of allegiance to the flag of the United States. A student may choose not to participate in the salute to the United States and the flag. However, a student who does not participate in the salute shall maintain a respectful silence during the salute. The national anthem may be sung during any school day or school event.

Source: SL 2002, ch 87, § 1; SL 2014, ch 82, § 1.


     13-24-18.   Repealed by SL 1995, ch 87, § 38


     13-24-18.1.   Repealed by SL 1995, ch 88, § 15


     13-24-18.2, 13-24-18.3.   Repealed by SL 1995, ch 87, §§ 39, 40


     13-24-18.4.   Repealed by SL 1995, ch 88, § 16


     13-24-19.   Repealed by SL 1995, ch 87, § 41


     13-24-20.   Use of school facilities or buses for other community or commercial purposes--Compensation--Liability for damages. The school board may grant the use of school facilities, computers, motor vehicles, or land belonging to the school district for any purposes which it considers advisable as a community service for such compensation as it determines. The use may also include a contract with a vendor that sells soft drinks or other concessions on school property. The use may not interfere with school activities. Any person or persons or public body using such school facilities, computers, motor vehicles, or land is responsible to the school district for any and all damages that may be caused by reason of the use or occupancy. The school district is not liable for any damages which might arise as the result of such use or occupancy, including the use of school computers by students.

Source: SDC 1939, §§ 15.2110, 15.2523 (2); SL 1939, ch 44; SL 1949, ch 54, § 1; SL 1953, ch 58, § 3; SL 1955, ch 41, ch 11, § 17; SDC Supp 1960, § 15.2117; SL 1983, ch 237, § 4; SL 2001, ch 82, § 1; SL 2007, ch 96, § 1.


     13-24-21.   Fee for use of school parking facilities. Any school board may charge a fee to students or others for parking their motor vehicles in or on parking facilities provided by the school district.

Source: SL 1987, ch 139, §§ 1, 2; SL 1995, ch 96.


     13-24-22.   Representatives of patriotic societies permitted to speak to students at public schools. Representatives of a patriotic society shall be allowed to speak to students during regular school hours at each public school in the state during the first quarter of each academic school year. The patriotic society shall provide the school principal with verbal or written notice of the patriotic society's intent to speak to the students to inform the students about the civic involvement of the society, and to explain how students may participate in or join the patriotic society. A school principal has discretion over the time, place, and manner when representatives of a patriotic society are allowed to speak to students. A school principal may limit the opportunity to speak to students to the first quarter of the academic year.
     For purposes of this section the term, patriotic society, means organizations listed in title 36 of the United States Code, as of July 1, 2018.

Source: SL 2018, ch 95, § 1.


     13-24-23.   National motto to be displayed in prominent location of public school. Beginning in the 2019-2020 school year, the national motto of the United States, "In God We Trust," shall be displayed in each public school. The display shall be located in a prominent location within each public school. The display may take the form of a mounted plaque, student artwork, or any other appropriate form as determined by the school principal. The display shall be easily readable and may be no smaller than twelve inches wide by twelve inches high.
     For the purposes of this section, a prominent location is a school entryway, cafeteria, or other common area where students are most likely to see the national motto display.

Source: SL 2019, ch 82, § 1.


     13-24-24.   Litigation regarding display of national motto--Attorney general to provide representation--State to pay expenses. For any lawsuit brought or any complaint filed against a school district, an employee of a school district, the board of a school district, or a member thereof as a result of a school district displaying the national motto of the United States in accordance with § 13-24-23, the attorney general shall provide legal representation at no cost to the school district, employee, school board, or member of the school board.
     In addition to the expenses of representation, the state shall assume financial responsibility for any other related expense incurred by the school district, an employee, the board, or member thereof, including any award for monetary damages, attorney's fees, and costs for which the school district, an employee, the board, or a member thereof would be otherwise responsible.

Source: SL 2019, ch 82, § 2.


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