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CHAPTER 13-64

SCHOOL SENTINELS

13-64-1      School board may implement school sentinel program.
13-64-2      Approval of law enforcement official required.
13-64-3      School sentinel training course.
13-64-4      School employee right to refuse to carry firearms.
13-64-5      Permit to carry concealed weapon required.
13-64-6      Cause of action against school board.
13-64-7      Referendum petition on school board decision.
13-64-8      Time for filing petition.
13-64-9      Contents of petition.
13-64-10      Requirements for petition.
13-64-11      Election on referendum.
13-64-12      Publication of referred decision.
13-64-13      Ballots on referendum.
13-64-14      Majority vote required--Effective date of approved decision.
13-64-15      Immunity from liability.
13-64-16      Sovereign immunity not waived.


     13-64-1.   School board may implement school sentinel program. Any school board may create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such manner and according to such protocols as the board may believe to be most likely to secure or enhance the deterrence of physical threat and defense of the school, its students, its staff, and members of the public on the school premises against violent attack. Those so authorized shall be referred to as school sentinels.

Source: SL 2013, ch 93, § 1.


     13-64-2.   Approval of law enforcement official required. Before any school board may implement any school sentinel program pursuant to § 13-64-1, or effect any material changes in the personnel or protocols of the school sentinel program, the school board shall obtain the approval of the law enforcement official who has jurisdiction over the school premises. Any material changes in the school sentinel program's personnel or protocols shall be reported to all law enforcement agencies with jurisdiction over the school premises forthwith.

Source: SL 2013, ch 93, § 2.


     13-64-3.   School sentinel training course. Any person who acts as a school sentinel, pursuant to § 13-64-1, shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16).

Source: SL 2013, ch 93, § 3.


     13-64-4.   School employee right to refuse to carry firearms. No school board, in implementing the provisions of § 13-64-1, may arm any individual teacher or other school employee without the latter's free, willing, and voluntary consent. No individual teacher or other school employee may be censured, criticized, or discriminated against for unwillingness or refusal to carry firearms pursuant to this chapter.

Source: SL 2013, ch 93, § 4.


     13-64-5.   Permit to carry concealed weapon required. No provision of § 13-32-7 or any other provisions of state statute is effective to restrict or limit the provisions of this chapter. However, nothing in this chapter authorizes any person to carry a concealed weapon without a valid permit.

Source: SL 2013, ch 93, § 5.


     13-64-6.   Cause of action against school board. The failure or refusal of any school board to implement a school sentinel program does not constitute a cause of action against the board, the school district, or any of its employees.

Source: SL 2013, ch 93, § 6.


     13-64-7.   Referendum petition on school board decision. A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election. The board shall allow sufficient time for the referendum process authorized in this section.

Source: SL 2013, ch 93, § 9.


     13-64-8.   Time for filing petition. A petition to refer a school board decision pursuant to § 13-64-7 may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval.

Source: SL 2013, ch 93, § 10.


     13-64-9.   Contents of petition. The petition shall contain the school board decision regarding the school sentinel program and the date of its passage.

Source: SL 2013, ch 93, § 11.


     13-64-10.   Requirements for petition. Voters signing a referendum petition under § 13-64-7 shall comply with the same requirements provided for counties under § 7-18A-11, and the petition shall be verified in the same manner as provided for counties in § 7-18A-12.

Source: SL 2013, ch 93, § 12.


     13-64-11.   Election on referendum. The election shall be held with the regular school district election.

Source: SL 2013, ch 93, § 13.


     13-64-12.   Publication of referred decision. The business manager of the school district shall have the entire referred decision published once a week for two successive weeks immediately preceding the election. The publication shall include a notice stating the date of election.

Source: SL 2013, ch 93, § 14.


     13-64-13.   Ballots on referendum. The business manager of the school district shall have ballots printed for the vote upon the referred school board decision and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state's attorney. All questions to be voted upon at the same election may be submitted upon the same ballot.

Source: SL 2013, ch 93, § 15.


     13-64-14.   Majority vote required--Effective date of approved decision. No referred school board decision regarding the school sentinel program becomes operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating to the school sentinel program.

Source: SL 2013, ch 93, § 16.


     13-64-15.   Immunity from liability. No law enforcement officer or county sheriff, nor the Law Enforcement Officers Standards Commission, Division of Criminal Investigation, Office of Attorney General, the State of South Dakota, nor any agents, employees, or members thereof, is liable for any injury caused by, related to, or resulting from:
             (1)      The implementation of the school sentinel program established by this chapter;
             (2)      The adoption, promulgation, administration, or implementation of educational and training standards for school sentinels;
             (3)      The training provided by the Law Enforcement Officers Standards Commission, the Division of Criminal Investigation, the Office of Attorney General, or the state;
             (4)      The approvals required by the county sheriff under this chapter; or
             (5)      The performance, administration, or implementation of any services or programs that assist a school district in carrying out its duties under this chapter.

Source: SL 2013, ch 93, § 17.


     13-64-16.   Sovereign immunity not waived. Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees.

Source: SL 2013, ch 93, § 18.


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