CHAPTER 13-13
GENERAL STATE AID TO SCHOOLS
13-13-1 Apportionment among school districts of school fund income.
13-13-1.1 Individual school district average daily membership defined.
13-13-1.2 Fall enrollment records subject to examination by department.
13-13-1.3 Overreported fall enrollment data--Recovery of overpayment--Misdemeanor.
13-13-1.4 13-13-1.4 to 13-13-1.7. Repealed by SL 2016, ch 85, §§ 1 to 4
13-13-1.8 13-13-1.8. Repealed by SL 2008, ch 74, § 1
13-13-1.9 13-13-1.9. Repealed by SL 2016, ch 85, § 5
13-13-2 Payments to school districts of permanent school fund income.
13-13-3 Withholding of permanent school fund income from districts in default on obligation to school fund.
13-13-4 Sources of county general school fund.
13-13-5 Report and distribution of county general school fund to school districts.
13-13-6 Payment of tax collections to school districts--Receipt.
13-13-7 13-13-7 to 13-13-9. Repealed by SL 1975, ch 128, § 377
13-13-10 13-13-10. Repealed by SL 1986, ch 126, § 10
13-13-10.1 Education funding--Terms and procedures.
13-13-10.2 Assessed value of property in tax increment financing district created before July 1, 2018--Districts created for industrial or economic development purposes.
13-13-10.3 13-13-10.3. Repealed by SL 2011, ch 89, § 2, eff. Mar. 17, 2011.
13-13-10.4 Enrolled student defined.
13-13-10.5 Student enrolled on partial basis--Effect on fall enrollment.
13-13-10.6 Repealed by SL 2012, ch 87, §§ 6, 7
13-13-10.8 Assessed value of property in tax increment financing district created after June 30, 2018.
13-13-10.9 Tax increment financing districts created for industrial, economic development, or affordable housing purposes after June 30, 2018.
13-13-10.10 Industrial, economic development, and affordable housing purposes defined for purposes of § 13-13-10.9.
13-13-11 Purpose and policy of general school aid.
13-13-11.1 Federal Title VIII funds for children with disabilities deposited in school district special education fund.
13-13-12 13-13-12. Repealed by SL 2015, ch 89, § 1
13-13-13 Eligibility of district for state aid.
13-13-13.1 13-13-13.1. Repealed by SL 1992, ch 118
13-13-14 Attendance centers for entire term required.
13-13-15 13-13-15. Repealed by SL 1996, ch 69, § 7
13-13-16 13-13-16. Repealed by SL 1995, ch 94, § 5
13-13-17 13-13-17. Repealed by SL 2016, ch 85, § 7
13-13-18 Accredited public schools required.
13-13-19 Eligibility of newly reorganized district.
13-13-20 13-13-20. Repealed by SL 1986, ch 126, § 11
13-13-20.1 13-13-20.1, 13-13-20.2. Repealed by SL 1969, ch 44, § 36
13-13-20.3 13-13-20.3. Repealed by SL 1986, ch 126, § 12
13-13-20.4 Actual assessed value for property given reduced value.
13-13-21 13-13-21, 13-13-21.1. Repealed by SL 1989, ch 30, §§ 39, 40
13-13-21.2 13-13-21.2. Repealed by SL 1980, ch 122, § 5
13-13-22 13-13-22 to 13-13-24. Repealed by SL 1986, ch 126, § 13
13-13-24.1 13-13-24.1. Repealed by SL 1991, ch 131, § 1
13-13-24.2 13-13-24.2. Repealed by SL 1995, ch 88, § 6
13-13-25 13-13-25, 13-13-26. Repealed by SL 1986, ch 126, § 13
13-13-26.1 13-13-26.1. Repealed by SL 1981, ch 136, § 3
13-13-27 13-13-27 to 13-13-32. Repealed by SL 1986, ch 126, § 13
13-13-32.1 13-13-32.1. Repealed by SL 1990, ch 117, § 2
13-13-33 13-13-33. Repealed by SL 1969, ch 44, § 36
13-13-34 13-13-34. Repealed by SL 1986, ch 126, § 13
13-13-34.1 13-13-34.1. Repealed by SL 1969, ch 44, § 36
13-13-35 13-13-35. Repealed by SL 1977, ch 124, § 2
13-13-36 Manner of payment of state aid.
13-13-37 Submission of final financial report.
13-13-37.1 13-13-37.1. Repealed by SL 1995, ch 94, § 29
13-13-37.2 13-13-37.2. Repealed by SL 1995, ch 94, § 7
13-13-37.3 13-13-37.3. Repealed by SL 1989, ch 30, § 42
13-13-37.4 Promulgation of rules.
13-13-37.5 13-13-37.5, 13-13-37.6. Repealed by SL 1995, ch 94, §§ 8, 9
13-13-38 Determination of eligibility of school districts for state aid--Information required from counties and districts--Delinquency--Forfeited funds.
13-13-38.1 13-13-38.1. Repealed by SL 1995, ch 94, § 36
13-13-39 Apportionment of state aid--Payments to school districts--Deduction of delinquent payments where funds pledged.
13-13-40 13-13-40. Repealed by SL 1971, ch 107, § 2
13-13-41 Correction of errors in foundation program payments.
13-13-42 13-13-42, 13-13-43. Repealed by SL 1995, ch 94, §§ 10, 10A
13-13-45 13-13-45 to 13-13-46.1. Repealed by SL 1995, ch 94, §§ 11 to 13
13-13-47 13-13-47 to 13-13-51. Repealed by SL 1994, ch 115, §§ 1 to 5
13-13-53 13-13-53 to 13-13-58. Repealed by SL 1995, ch 94, §§ 14 to 20
13-13-59 13-13-59 to 13-13-62. Repealed by SL 1995, ch 88, §§ 7 to 10; SL 1995, ch 94, §§ 21 to 24
13-13-63 13-13-63 to 13-13-65. Repealed by SL 1993, ch 81, § 13F
13-13-66 Repealed by SL 2012, ch 87, §§ 9, 10
13-13-69 Repealed by SL 2012, ch 87, §§ 11, 12.
13-13-71 Equalizing increase in local effort with increase in need.
13-13-72 Legislative policy on annual increase in appropriation for state aid.
13-13-72.1 Adjustment to certain levies.
13-13-73 Calculation of state aid for each school district.
13-13-73.1 Real property valuation of manufactured homes to be excluded from calculation.
13-13-73.2 13-13-73.2 to 13-13-73.4. Repealed by SL 2011, ch 89, §§ 3 to 5, eff. Mar. 17, 2011.
13-13-73.5 Reduction of state aid by subtracting allowable general fund cash balance from lowest general fund monthly cash balance.
13-13-73.6 Average teacher salary--Calculation--Required increase.
13-13-73.7 Legislative intent regarding increases in teacher compensation.
13-13-73.8 State minimum salary required--Definition.
13-13-73.9 Required increase or minimum salary--Penalty--Waiver.
13-13-74 Monthly payments of aid to public schools--Adjustment for deductions for delinquent payments.
13-13-75 13-13-75. Repealed by SL 2010, ch 88, § 2
13-13-76 13-13-76, 13-13-77. Repealed by SL 2011, ch 89, §§ 6, 7, eff. Mar. 17, 2011.
13-13-78 Definition of terms used in § 13-13-79.
13-13-79 Distribution of funds to sparse school districts.
13-13-80 13-13-80. Repealed by SL 2010, ch 84, § 3
13-13-81 Definition of terms.
13-13-82 State aid to certain school districts for career and technical education.
13-13-83 Monthly payments.
13-13-84 Promulgation of rules on certification of resident pupils attending schools in another state.
13-13-85 Transfer of funds for jump start scholarships.
13-13-86 Child residing in licensed group care center for minors.
13-13-87 Children residing in residential treatment center or intensive residential treatment center.
13-13-88 Workforce education fund created.
13-13-89 Disbursements from workforce education fund.
13-13-90 Promulgation of rules regarding workforce education fund.
13-13-91 Technology and assessment costs and sparse school district benefits deducted from distributions.
13-13-92 Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund.
13-13-1. Apportionment among school districts of school fund income.
The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3, shall apportion the school funds as follows: the commissioner shall ascertain from the division of education the total number of resident pupils in average daily membership as defined in § 13-13-1.1 in each school district and the total number of pupils in average daily membership in all school districts, and on that basis of the school population, the commissioner shall apportion to each school district, pro rata, such share, as its population of resident pupils in average daily membership in the school district bears to the total number of pupils in average daily membership in all school districts. The funds to be apportioned include funds derived from the lease of school lands, the lease of public lands not apportioned to any educational, penal, or charitable institution, the interest, dividends, and other income on invested funds derived from the sale of school lands and public lands not apportioned to any such institution, and the interest, dividends, and other income on invested funds derived from the five percent paid by the United States on sale of public lands within the state.
Source: SDC 1939, §§ 15.0109, 15.2032; SL 1939, ch 40; SL 1953, ch 55, § 4; SL 1955, ch 41, ch 12, § 2; SDCL § 13-28-1; SL 1971, ch 117, § 1; SL 1973, ch 83, § 2; SL 1974, ch 128, § 1; SL 1978, ch 112, § 1; SL 1979, ch 116, § 1; SL 1982, ch 137, § 1; SL 2001, ch 26, § 9; SL 2009, ch 75, § 1.
13-13-1.1. Individual school district average daily membership defined.
The individual school district average daily membership as calculated by the Department of Education for distribution of school and public lands funds may not include pupils for whom the school district receives tuition, shall include pupils for whom the district pays tuition, and shall include resident pupils attending public schools within the district and resident pupils attending private schools.
Source: SL 1982, ch 137, § 2; SL 2009, ch 75, § 2; SL 2010, ch 77, § 4.
13-13-1.2. Fall enrollment records subject to examination by department.
Any records related to the reporting of fall enrollment of a public school district shall be subject to examination by the Department of Education at all times.
Source: SL 1996, ch 69, § 10; SL 2003, ch 272, § 63; SL 2007, ch 93, § 13.
13-13-1.3. Overreported fall enrollment data--Recovery of overpayment--Misdemeanor.
If, in the department's examination of fall enrollment, it is determined that the data was overreported, the department shall recover the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the person responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in § 13-8-44, with the maximum penalty as defined in § 22-6-2.
Source: SL 1996, ch 69, § 11; SL 2007, ch 93, § 14.
13-13-2. Payments to school districts of permanent school fund income.
An itemized statement of the apportionment when made as provided in § 13-13-1 shall be delivered by the commissioner of school and public lands to the state auditor, who shall thereupon draw his warrant on the state treasury for the amounts designated on the statement so furnished and transmit the same to the separate school districts.
Source: SDC 1939, § 15.0109; SL 1971, ch 105, § 1; SL 1973, ch 83, § 3.
13-13-3. Withholding of permanent school fund income from districts in default on obligation to school fund.
Whenever any school district in this state shall default and shall be delinquent in the payment of any interest or principal payments to the State of South Dakota on account of any bond or bonds heretofore or hereafter issued by such school district and which have been purchased with funds belonging to the permanent school fund, or whenever any school district shall permit any fund created or established for the retirement of such bonds to become impaired or depleted, the commissioner of school and public lands may in his discretion, direct the county treasurer of the county in which such school district is situated to withhold the distribution of the apportionment moneys provided for in § 13-13-2 until such delinquent principal and interest is paid or until such fund is restored, as the case may be.
Source: SL 1941, ch 73; SDC Supp 1960, § 15.0109-1; SL 1975, ch 128, § 79.
13-13-4. Sources of county general school fund.
The county general school fund to be apportioned pursuant to § 13-13-5 shall consist of the net proceeds of all fines for violation of state laws and any tax so designated in Title 10.
Source: SDC 1939, § 15.1603; SL 1975, ch 128, § 80.
13-13-5. Report and distribution of county general school fund to school districts.
The county treasurer shall on or before the fifth day of January and July furnish the county auditor with a statement of all money in the county treasury belonging to the county general school fund and shall pay the money, upon the order of the auditor, to the public school districts having land area within the county in proportion to the average daily membership of children residing in the school districts as certified by the Department of Education.
Source: SDC 1939, § 15.1603; SL 1971, ch 105, § 2; SL 1983, ch 125; SL 2010, ch 77, § 5.
13-13-6. Payment of tax collections to school districts--Receipt.
The county treasurer shall also pay at such times as are required by law to the business manager of each school district all of the money collected for such school district and shall take duplicate receipts for the money paid. He shall send one of the receipts to the business manager of such school district.
Source: SDC 1939, § 15.1603; SL 1975, ch 128, § 81.
13-13-10.1. Education funding--Terms and procedures.
The education funding terms and procedures referenced in this chapter are defined as follows:
(1) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the fall enrollment of the receiving district when enrolled in the receiving district;
(2) "Fall enrollment," is calculated as follows:
(a) Determine the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year, and add to that number the product of 0.10 multiplied by the number of children who participated in the prior school year in high school interscholastic activities sanctioned or sponsored by the South Dakota High School Activities Association, as permitted by § 13-36-7, while receiving alternative instruction pursuant to § 13-27-3;
(b) Subtract the number of students for whom the district receives tuition except for:
(i) Nonresident students who are in the care and custody of a state agency and are attending a public school district; and
(ii) Students who are being provided an education pursuant to § 13-28-11;
(c) Add the number of students for whom the district pays tuition.
When computing state aid to education for a school district pursuant to § 13-13-73, the secretary of the Department of Education shall use the school district's fall enrollment;
(3) "Target teacher ratio factor," is:
(a) For school districts with a fall enrollment of two hundred or less, the target teacher ratio factor is 12;
(b) For districts with a fall enrollment of greater than two hundred, but less than six hundred, the target teacher ratio factor is calculated as follows:
(i) Multiplying the fall enrollment by .00750;
(ii) Adding 10.50 to the resulting product;
(c) For districts with a fall enrollment of six hundred or greater, the target teacher ratio factor is 15.
The fall enrollment used for the determination of the target teacher ratio for a school district may not include any students residing in a residential treatment facility when the education program is operated by the school district;
(4) "English learner (EL) adjustment," is calculated by multiplying 0.25 times the number of kindergarten-through-twelfth-grade students who, in the prior school year, scored below level four on the state-administered language proficiency assessment as required in the state's consolidated state application pursuant to § 1111(b)(2)(G) of the Every Student Succeeds Act of 2015. For the 2021-2022 calculation only, the EL adjustment is calculated by multiplying 0.25 times the number of kindergarten-through-twelfth-grade students who scored below level four on the state-administered language proficiency assessment in school year 2019-2020 or 2020-2021, whichever is greater;
(5) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;
(6) "Target teacher salary," for the school fiscal year beginning July 1, 2024, is $62,045.62. Each school fiscal year thereafter, the target teacher salary is the previous fiscal year's target teacher salary increased by the index factor;
(7) "Target teacher benefits," is the target teacher salary multiplied by twenty-nine percent;
(8) "Target teacher compensation," is the sum of the target teacher salary and the target teacher benefits;
(9) "Overhead rate," is thirty-eight and seventy-eight-hundredths percent.
Beginning in school fiscal year 2018, the overhead rate must be adjusted to take into account the sum of the amounts that districts exceed the other revenue base amount;
(10) "Local need," is calculated as follows:
(a) Divide the fall enrollment by the target teacher ratio factor;
(b) If applicable, divide English Learner (EL) adjustment pursuant to subdivision (4) by the target teacher ratio factor;
(c) Add the results of subsections (a) and (b);
(d) Multiply the result of subsection (c) by the target teacher compensation;
(e) Multiply the product of subsection (d) by the overhead rate;
(f) Add the products of subsections (d) and (e);
(g) When calculating local need at the statewide level, include the amounts set aside for costs related to technology in schools and statewide student assessments; and
(h) When calculating local need at the statewide level, include the amounts set aside for sparse school district benefits, calculated pursuant to §§ 13-13-78 and 13-13-79;
(11) "Alternative per student need," is calculated as follows:
(a) Add the total need for each school district for school fiscal year 2016, including the small school adjustment and the English learner adjustment, to the lesser of the amount of funds apportioned to each school district in the year preceding the most recently completed school fiscal year or school fiscal year 2015 pursuant to §§ 13-13-4, 23A-27-25, 10-33-24, 10-36-10, 11-7-73, 10-35-21, and 10-43-77; and
(b) Divide the result of (a) by the September 2015 fall enrollment, excluding any adjustments based on prior year student counts;
(12) "Alternative local need," is the alternative per student need multiplied by the fall enrollment, excluding any adjustments based on prior year student counts;
(13) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42. Beginning on July 1, 2017, local effort includes the amount of funds apportioned to each school district in the year preceding the most recently completed school fiscal year pursuant to §§ 10-33-24, 10-35-21 as provided by subdivision (15), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25 and that exceeds the other revenue base amount;
(14) "Other revenue base amount," for school districts not utilizing the alternative local need calculation is the amount of funds apportioned to each school district pursuant to §§ 10-33-24, 10-35-21 as provided by subdivision (15), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25, calculated as follows:
(a) Beginning on July 1, 2017, equals the greatest of the amounts of the funds apportioned to each school district pursuant to §§ 10-33-24, 10-35-21 as provided by subdivision (15), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25 for school fiscal years 2013, 2014, and 2015;
(b) Beginning on July 1, 2018, multiply eighty percent times subsection (a);
(c) Beginning on July 1, 2019, multiply sixty percent times subsection (a);
(d) Beginning on July 1, 2020, multiply forty percent times subsection (a);
(e) Beginning on July 1, 2021, multiply twenty percent times subsection (a); and
(f) Beginning on July 1, 2022, is zero;
For school districts utilizing the alternative local need calculation, the other revenue base amount is zero until the school district chooses to no longer utilize the alternative local need calculation. At that time, the other revenue base amount is calculated as defined above.
For a school district created or reorganized after July 1, 2016, the other revenue base amount is the sum of the other revenue base amount for each district before reorganization, and the new school district may not utilize the alternative local need calculation.
In the case of the dissolution and annexation of a district, the other revenue base amount of the dissolved school district will be prorated based on the total number of students in the fall enrollment as defined in subdivision (2) who attend each district to which area of the dissolved district were annexed to in the first year of reorganization. The amount apportioned for each district will be added to the annexed districts' other revenue base;
(15) "Wind energy tax revenue," any wind energy tax revenue apportioned to school districts pursuant to § 10-35-21 from a wind farm producing power for the first time before July 1, 2016, is considered local effort pursuant to subdivision (13) and other revenue base amount pursuant to subdivision (14). However, any wind energy tax revenue apportioned to a school district from a wind farm producing power for the first time after June 30, 2016, one hundred percent must be retained by the school district to which the tax revenue is apportioned for the first five years of producing power, eighty percent for the sixth year, sixty percent for the seventh year, forty percent for the eighth year, twenty percent for the ninth year, and zero percent thereafter. If a wind farm begins producing power for the first time between October first and December thirty-first in a calendar year, any revenues generated for that time period must be retained by the school district and that time period may not be counted against the first five-year period;
(16) "Per student equivalent," for funding calculations that are determined on a per student basis, the per student equivalent is calculated as follows:
(a) Multiply the target teacher compensation times the sum of one plus the overhead rate; and
(b) Divide subsection (a) by 15;
(17) "Monthly cash balance," the total amount of money for each month in the school district's general fund, calculated by adding all deposits made during the month to the beginning cash balance and deducting all disbursements or payments made during the month;
(18) "General fund base percentage," is determined as follows:
(a) Forty percent for a school district with a fall enrollment as defined in subdivision (2) of two hundred or less;
(b) Thirty percent for a school district with fall enrollment as defined in subdivision (2) of more than two hundred but less than six hundred; and
(c) Twenty-five percent for a school district with fall enrollment as defined in subdivision (2) greater than or equal to six hundred.
When determining the general fund base percentage, the secretary of the Department of Education shall use the lesser of the school district's fall enrollment as defined in subdivision (2) for the current school year or the school district's fall enrollment from the previous two years; and
(19) "Allowable general fund cash balance," the general fund base percentage multiplied by the district's general fund expenditures in the previous school year.
Source: SL 1986, ch 126, § 1; SL 1987, chs 130, 131; SL 1989, ch 87, § 14; SL 1989, ch 141, § 14; SL 1990, ch 117, § 1; SL 1991, ch 20, §§ 17, 18; SL 1991, ch 128; SL 1991, ch 129, § 1; SL 1993, ch 81, § 11; SL 1994, ch 112; SL 1995, ch 94, § 38 as amended by 1995, ch 77, § 3; SL 1996, ch 69, § 6; SL 1996, ch 109; SL 1997, ch 53, § 2; SL 1997, ch 88, § 1; SL 1997, ch 98, § 10; SL 1998, ch 51, §§ 9, 10; SL 1998, ch 59, § 2; SL 1998, ch 59, § 3; SL 1999, ch 82, § 1; SL 2000, ch 84, § 4; SL 2001, ch 77, § 1; SL 2003, ch 97, § 1; SL 2004, ch 125, § 1; SL 2005, ch 96, § 2; SL 2006, ch 75, § 9; SL 2007, ch 93, § 1; SL 2008, ch 76, § 1; SL 2008, ch 77, § 1; SL 2009, ch 76, § 1; SL 2010, ch 81, § 1; SL 2010, ch 82, § 1; SL 2010, ch 83, § 1; SL 2010, ch 84, § 1; SL 2011, ch 89, § 1, eff. Mar. 17, 2011; SL 2011, ch 90, § 2; SL 2011, ch 91, § 2; SL 2013, ch 7, § 37; SL 2014, ch 80, § 1; SL 2014, ch 81, § 1; SL 2015, ch 88, § 1; SL 2015, ch 89, § 4; SL 2016, ch 83, § 4; SL 2017, ch 76, § 2; SL 2017, ch 79, § 4; SL 2018, ch 92, § 2; SL 2019, ch 62, §§ 2, 3; SL 2019, ch 81, § 2; SL 2020, ch 31, § 2; SL 2021, ch 72, § 1; SL 2021, ch 73, § 4; SL 2021, ch 74, § 1; SL 2021, ch 78, § 2; SL 2022, ch 40, § 1; SL 2022, ch 41, § 2; SL 2023, ch 30, § 2; SL 2024, ch 59, § 2.
13-13-10.2. Assessed value of property in tax increment financing district created before July 1, 2018--Districts created for industrial or economic development purposes.
The assessed value as determined in § 13-13-10.1 of any property in a tax increment financing district formed on or before December 31, 1994, and created pursuant to chapter 11-9 is the tax increment base, as defined in § 11-9-19 until the district ceases to exist as provided in § 11-9-46. The assessed values, as determined in § 13-13-10.1 of any property in a tax increment financing district formed after December 31, 1994, and created pursuant to chapter 11-9, is the total assessed value of the property determined by the Department of Revenue pursuant to § 11-9-24, until the district ceases to exist as provided in § 11-9-46. The provisions of this chapter do not apply to any tax increment financing district created after December 31, 1994, for industrial purposes. For the purposes of this chapter, the term, industrial, includes only those activities generally recognized as industrial by zoning authorities within the state, including any factory or any business engaged primarily in the manufacturing or assembly of goods, the processing of raw materials, and the wholesale distribution of products for resale. The provisions of this chapter do not apply to any tax increment financing district created after December 31, 2003, for economic development purposes. For the purposes of this chapter, the term, economic development, includes any area where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the land contained within the tax increment financing district.
This section applies to any tax increment financing district created before July 1, 2018.
Source: SL 1993, ch 126; SL 1996, ch 69, § 15; SL 2004, ch 126, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2018, ch 70, § 1.
13-13-10.4. Enrolled student defined.
For the purposes of § 13-13-10.1, a student is enrolled if:
(1) The student is less than twenty-one years of age on the first day of July or meets the requirements of § 13-28-5 and 13-28-6;
(2) The student has not completed an approved program or graduated from high school;
(3) The student's parent or guardian resides within the school district, or in the case of an emancipated minor the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in § 13-28-40; and
(4) The student is not simultaneously enrolled in any other school district and has not been excused from school attendance under the terms of § 13-27-1.1 or 13-27-2.
Source: SL 2006, ch 77, § 1; SL 2016, ch 83, § 5.
13-13-10.5. Student enrolled on partial basis--Effect on fall enrollment.
For purposes of state aid to education, a student enrolled pursuant to § 13-28-41 or 13-28-51 shall be counted in a school's fall enrollment as defined in § 13-13-10.1 in a proportion equal to the share of the student's enrollment in the school.
Source: SL 2007, ch 101, § 2; SL 2016, ch 83, § 6.
13-13-10.6, 13-13-10.7. Repealed by SL 2012, ch 87, §§ 6, 7.
13-13-10.8. Assessed value of property in tax increment financing district created after June 30, 2018.
For purposes of this chapter, the assessed value of any real property in a tax increment financing district created pursuant to chapter 11-9 is the total assessed value of the real property as determined by the Department of Revenue pursuant to § 11-9-24, until the tax increment financing district ceases to exist as provided in § 11-9-46.
This section applies to tax increment financing districts created after June 30, 2018.
Source: SL 2018, ch 70, § 2.
13-13-10.9. Tax increment financing districts created for industrial, economic development, or affordable housing purposes after June 30, 2018.
The provisions of subdivision 10-12-44(1) that require the county auditor to raise additional revenue from real property taxes for the general fund and special education fund of any school district located in a tax increment financing district and the provisions of § 13-13-10.8, do not apply to any tax increment financing district created for industrial, economic development, or affordable housing purposes, as those terms are defined in § 13-13-10.10.
For purposes of this chapter, the assessed value of any real property in a tax increment financing district created for industrial, economic development, or affordable housing purposes is the tax increment base as defined in § 11-9-19.
This section applies to tax increment financing districts created after June 30, 2018.
Source: SL 2018, ch 70, § 3.
13-13-10.10. Industrial, economic development, and affordable housing purposes defined for purposes of § 13-13-10.9.
For the purposes of § 13-13-10.9, the terms, industrial, and, economic development, include only those areas where there is or will be one or more businesses engaged in any activity defined as commercial or industrial by the governing body that has zoning authority over the real property contained within the tax increment financing district.
For the purposes of § 13-13-10.9, affordable housing is only those tax increment financing districts where:
(1) The original selling price of any house in the district will be at or below the first-time homebuyer purchase price limit being used by the South Dakota Housing Development Authority as of the date the house is sold; or
(2) The monthly rental rate of all multifamily housing units in the district will be at or below the calculated rent for the state's eighty percent area median income, being used by the South Dakota Housing Development Authority, as of the date the district is created, for a minimum of five years following the date of first occupancy.
This section applies to tax increment financing districts created after June 30, 2018.
Source: SL 2018, ch 70, § 4.
13-13-11. Purpose and policy of general school aid.
It is the purpose of §§ 13-13-10.1 to 13-13-41, inclusive, to establish a procedure for the distribution of state funds to local school districts. The following subdivisions are hereby declared to be the policy of this state:
(1) Education is a state and local function;
(2) No one source of taxation should bear an excessive burden of the costs of education;
(3) In order to provide reasonable equality in school tax rates among the various school districts in the state and to provide reasonable equality of educational opportunity for all the children in the state, the state shall assist in giving a basic educational opportunity to each student by contributing state aid to education funds toward the support of the student's educational program;
(4) State aid to education funds should be distributed to school districts in accordance with the formula as provided in §§ 13-13-10.1 to 13-13-41, inclusive;
(5) A minimum of twenty-five percent of the total general fund expenditures of the school districts of the state for the preceding school fiscal year should be distributed annually to school districts as state aid to education funding; and
(6) No school district should be eligible to receive state aid that does not provide an educational program that meets the requirements and standards as provided in §§ 13-13-10.1 to 13-13-41, inclusive.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (1); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 2; SL 1989, ch 30, § 37; SL 2015, ch 89, § 5; SL 2021, ch 73, § 7.
13-13-11.1. Federal Title VIII funds for children with disabilities deposited in school district special education fund.
For the purposes of distributing state aid to special education under the provisions of § 13-37-36.1, funds received from the federal government under Title VIII of the Elementary and Secondary Education Act funds add on for children with disabilities shall be deposited into the school district special education fund.
Source: SL 1991, ch 138, § 4; SL 1997, ch 89, § 1; repealed by SL 2012, ch 87, § 8; reinstated by SL 2013, ch 73, § 1; SL 2016, ch 85, § 6.
13-13-13. Eligibility of district for state aid.
The eligibility of a school district to share in state aid to education funds shall be determined as provided by §§ 13-13-14 to 13-13-19, inclusive.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 4; SL 2015, ch 89, § 6.
13-13-14. Attendance centers for entire term required.
In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated one or more attendance centers during the previous school fiscal year for the entire school term as provided by law.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 5; SL 1975, ch 128, § 82; SL 2015, ch 89, § 7.
13-13-18. Accredited public schools required.
In order to be eligible to receive state aid to education funds as provided by this chapter, a school district must have operated only accredited public schools, as defined by the South Dakota Board of Education Standards, during the previous school fiscal year.
Source: SDC Supp 1960, § 15.2246 as added by SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 9; SL 2015, ch 89, § 9; SL 2017, ch 81, § 57.
13-13-19. Eligibility of newly reorganized district.
A newly reorganized school district which has become a new entity as of July first of the school fiscal year in which state aid to education payments are distributed will be considered eligible for general support payments regardless of the requirements for eligibility as set forth in §§ 13-13-14 to 13-13-18, inclusive, if it is in compliance with such requirements for the school fiscal year in which it becomes a new school district entity.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (5); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 10; SL 2015, ch 89, § 10.
13-13-20.4. Actual assessed value for property given reduced value.
For any structure given a reduced value pursuant to § 10-6-137, the portion of actual assessed value of the property used when calculating state aid to education must be twenty percent in the first year, forty percent in the second year, sixty percent in the third year, eighty percent in the fourth year, and one hundred percent each year thereafter.
For any structure or property given a reduced value pursuant to § 10-6-137.1 or 10-6-144, the portion of actual assessed value of the property used when calculating state aid to education must be:
(1) Twenty-five percent in the first or second year;
(2) Fifty percent in the third or fourth year;
(3) Seventy-five percent in the fifth or sixth year; and
(4) One hundred percent in the seventh year and each year thereafter.
The actual assessed value of any property given exempt status, pursuant to § 10-4-39, must be used when calculating state aid to education.
Source: SL 1991, ch 130; SL 1993, ch 81, § 13D; SL 1993, ch 82, § 5; SL 1993, ch 85, § 5; SL 1994, ch 79, § 5; SL 1996, ch 69, § 16A; SL 2006, ch 37, § 3; SL 2020, ch 39, § 11; SL 2021, ch 44, § 44; SL 2022, ch 29, § 7.
13-13-36. Manner of payment of state aid.
Payment of state aid to education funds shall be made to eligible school districts as provided by §§ 13-13-37 to 13-13-41, inclusive.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (7); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 27; SL 1989, ch 30, § 41; SL 2015, ch 89, § 11.
13-13-37. Submission of final financial report.
Each school district shall submit its final financial report to the secretary of the Department of Education before August first for the school fiscal year ending June thirtieth of that year. The final financial report shall detail total expenditures and total revenues.
The financial report shall be submitted on forms prescribed by the secretary. The provisions of this section are subject to the provisions of § 13-8-44. The total general fund expenditures may not include any capital outlay fund expenditures as defined in § 13-16-6, except for any school district that receives money under Title VIII of the Elementary and Secondary Education Act. However, no school district that receives money under Title VIII of the Elementary and Secondary Education Act may expend general fund money for new construction.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246 (7); SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 28; SL 1970, ch 96, § 3; SL 1975, ch 128, § 86; SL 1986, ch 126, § 14; SL 1987, ch 128, § 4; SL 1987, ch 135, § 2; SL 1988, ch 138, § 2; SL 1994, ch 113, § 1; SL 1995, ch 94, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 7.
13-13-37.4. Promulgation of rules.
The secretary of the Department of Education and the South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to implement state aid to education funding as provided in this chapter.
Source: SL 1986, ch 126, § 21; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2015, ch 89, § 12; SL 2017, ch 81, § 57.
13-13-38. Determination of eligibility of school districts for state aid--Information required from counties and districts--Delinquency--Forfeited funds.
The Department of Education shall determine on December first, or as soon thereafter as practicable, of each school fiscal year the amount of state aid to education funds to which each school district within the state is eligible. The department shall require from any county or school district officer any information which is necessary in order to apportion state aid to education funds. If complete and accurate information is past due according to the reporting dates specified in § 13-8-47, the secretary of the Department of Education on August thirtieth shall declare the school district to be fiscally delinquent. The school district, unless granted an extension, shall forfeit from its entitlement one hundred dollars for each day that the data is past due for seven days and two hundred dollars for each day past due thereafter starting with the eighth day. Forfeited funds shall be deposited in the state general fund.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246; SL 1961, ch 76; SL 1963, ch 77, § 1; SL 1969, ch 44, § 29; SL 1985, ch 121, § 2; SL 1993, ch 128; SL 1994, ch 113, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 77, § 6; SL 2011, ch 86, § 2; SL 2015, ch 89, § 13.
13-13-39. Apportionment of state aid--Payments to school districts--Deduction of delinquent payments where funds pledged.
The Department of Education shall apportion the state aid to education funds to each eligible school district and shall prepare a list of apportionments to be posted publicly in electronic format.
The state auditor shall issue the warrant to each school district when the apportionment voucher is presented for the total amount of the state aid to education funds each school district is to receive, subject to any reduction necessitated by the issuance of a notice from the Health and Educational Facilities Authority as provided in this section.
Notwithstanding the provisions of § 13-13-74 or any other law, if the department receives written notice from the authority that a school district is delinquent in making any payment for any certificate, lease, or other obligation required by agreement with the authority in which the school district has pledged state aid to education funds or other amounts under Title 13 pursuant to a lease, resolution, certificate, or other arrangement with the authority, the department shall deduct from amounts otherwise due to a school district for the apportionment of state aid to education funds or other amounts under Title 13 the amount required to pay rentals, bonds, notes, certificates, or other amounts then due but unpaid. The state auditor shall issue a warrant for the full amount of the delinquency specified in the notice of the authority or a lesser amount as has been appropriated for the current fiscal year and not yet distributed pursuant to § 13-13-74. The amount deducted shall be paid to the authority or any financial institution designated by the authority acting as paying agent or trustee on behalf of any holders of bonds, notes, lease, certificates, or other obligations in connection therewith, all as specified by the authority. A record of the amount deducted and a copy of the notice from the authority shall be filed with the state auditor and department.
Any amount paid to the authority or a financial institution designated pursuant to the procedures described in this section shall be deducted from the remaining amount of state aid to education funds otherwise payable to the school district under Title 13, thereby reducing the amount payable pursuant to § 13-13-74. The amount payable to the authority and any financial institution pursuant to this section in any fiscal year may not exceed the amount of state aid to education funds appropriated and not yet paid to or for the benefit of a school district for the current fiscal year. No pledge by a school district of state aid to education funds or other amounts under Title 13 for any other purpose may be permitted and if made is voidable at the election of the authority.
Source: SL 1959, ch 67; SDC Supp 1960, § 15.2246; SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 30; SL 1970, ch 96, § 4; SL 1971, ch 107, § 1; SL 1975, ch 128, § 87; SL 1986, ch 124, § 5; SL 1989, ch 146, § 1; SL 1990, ch 133, § 2; SL 1997, ch 90, § 1; SL 1999, ch 84, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 8; SL 2015, ch 89, § 14; SL 2015, ch 90, § 3.
13-13-41. Correction of errors in foundation program payments.
If an error in payment of general support or equalization support to a school district has been made, the error shall be corrected by adding to or subtracting the amount of the error from the subsequent months' payments to be made to the school district affected.
Source: SDC Supp 1960, § 15.2246 as added by SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, § 32; SL 1994, ch 114.
13-13-66, 13-13-67. Repealed by SL 2012, ch 87, §§ 9, 10.
13-13-69, 13-13-70. Repealed by SL 2012, ch 87, §§ 11, 12.
13-13-71. Equalizing increase in local effort with increase in need.
If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year each of the levies specified in subdivision 13-13-10.1(13) shall be reduced proportionally so that the percentage increase in local effort on a statewide aggregate basis equals the percentage increase in need on a statewide aggregate basis.
Source: SL 1995, ch 94, § 38A; SL 2021, ch 73, § 5.
13-13-72. Legislative policy on annual increase in appropriation for state aid.
It is the policy of the Legislature that the appropriation for state aid to education increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local effort and state aid shall be adjusted annually to maintain the proportion between state aid and local property taxes and to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1.
Source: SL 1995, ch 94, § 38B; SL 2007, ch 93, § 23; SL 2011, ch 90, § 1; SL 2015, ch 89, § 15; SL 2016, ch 83, § 7.
13-13-72.1. Adjustment to certain levies.
Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local effort and state aid shall be adjusted annually to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1. However, if the levies specified in § 10-12-42 are not adjusted to maintain this relationship, the target teacher salary as defined in § 13-13-10.1 shall be reduced to maintain the relationship between statewide local effort as a percentage of statewide local need.
Source: SL 2001, ch 79, § 1; SL 2007, ch 94, § 1; SL 2008, ch 78, § 1; SL 2009, ch 77, § 1; SL 2011, ch 90, § 3; SL 2015, ch 39, § 16; SL 2016, ch 83, § 8.
13-13-73. Calculation of state aid for each school district.
No later than July 1, 2016, a school district shall notify the secretary of education in writing as to whether the school district's state aid is to be calculated using the alternative local need calculation. If a school district chooses the alternative local need calculation, the school district shall notify the secretary in writing no later than July first of each subsequent fiscal year as to whether to continue to use the alternative local need calculation for that fiscal year. If a school district chooses not to use the alternative local need calculation, the school district may not use that calculation in any subsequent school year. The secretary of the Department of Education shall compute state aid to education for each school district according to the following calculations:
(1) For school districts not utilizing the alternative local need calculation, state aid is local need as defined in § 13-13-10.1 minus local effort, or zero if the calculation is a negative number;
(2) For school districts utilizing the alternative local need calculation, state aid is the alternative local need as defined in subdivision 13-13-10.1(12) minus local effort, or zero if the calculation is a negative number;
(3) If the state aid appropriation for the general support of education is in excess of the entitlement provided for in this section and the entitlement provided for in § 13-13-85, the excess shall be used to fund any shortfall of the appropriation as provided for in § 13-37-36.3. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by § 13-37-45, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.
Source: SL 1995, ch 94, § 39; SL 1997, ch 98, § 11; SL 1997, ch 103, § 2; SL 2000, ch 84, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 93, § 8; SL 2010, ch 84, § 2; SL 2011, ch 102, § 7; SL 2013, ch 7, § 38; SL 2015, ch 89, § 16; SL 2016, ch 83, § 9; SL 2021, ch 73, § 6.
13-13-73.1. Real property valuation of manufactured homes to be excluded from calculation.
The Department of Revenue shall exclude the real property valuation of manufactured homes, considered as real estate pursuant to § 10-4-2.4, and manufactured homes, converted to real estate after July 1, 1999, when computing local effort pursuant to §§ 13-13-10.1 and 13-37-35.1 for the purpose of the state aid to education formula. The county auditor shall also exclude such real estate value when computing the tax levy for school purposes. However, such manufactured homes shall continue to be subject to each tax levy.
Source: SL 1999, ch 83, § 1; SL 2004, ch 17, § 11; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
13-13-73.5. Reduction of state aid by subtracting allowable general fund cash balance from lowest general fund monthly cash balance.
Beginning on July 1, 2018, a school district's state aid for general education as calculated pursuant to § 13-13-73 shall be reduced by subtracting the allowable general fund cash balance from the lowest general fund monthly cash balance. If the result is less than zero, the reduction equals zero.
A school district created or reorganized after July 1, 2016, is exempt from the reduction provided by this section for a period of three years immediately following its creation.
Source: SL 2016, ch 83, § 24.
13-13-73.6. Average teacher salary--Calculation--Required increase.
The Department of Education shall calculate the average teacher salary for each school district, based on data collected pursuant to §§ 13-3-51 and 13-8-47.
Beginning with fiscal year 2025 and every fiscal year thereafter, each school district must increase its average teacher compensation, as referenced in § 13-8-47, so that the cumulative increase in the average teacher compensation since fiscal year 2024 is greater than or equal to the cumulative percentage change in the target teacher salary since fiscal year 2024. A school district complies with this section if the district's average teacher compensation is at least ninety-seven percent of the average teacher compensation otherwise required by this section.
Source: SL 2016, ch 83, § 27; SL 2021, ch 73, § 18; SL 2022, ch 42, § 1; SL 2024, ch 53, § 3.
13-13-73.7. Legislative intent regarding increases in teacher compensation.
It is the intent of the Legislature that any money appropriated for teacher compensation using the education funding plan included in SL 2016, ch 83 be used to directly improve teacher recruiting and retention and that the school districts advance this goal by increasing starting teacher salaries and providing for the rapid acceleration of teacher salaries for those below the midpoint in that teacher's applicable pay scale.
Source: SL 2016, ch 83, § 28.
13-13-73.8. State minimum salary required--Definition.
Beginning July 1, 2026, each school district must pay each full-time equivalent teacher a salary at least equal to the state minimum salary.
For the purposes of this section, the term "state minimum salary" is forty-five thousand dollars for fiscal year 2025. For fiscal year 2026 and thereafter, the state minimum salary is calculated by increasing the previous year's state minimum salary by the percentage change in the target teacher salary from the previous fiscal year to the current fiscal year as adopted by the legislature.
Source: SL 2024, ch 53, § 4.
13-13-73.9. Required increase or minimum salary--Penalty--Waiver.
The Department of Education must decrease state aid to general education funding to the school district in the following fiscal year by five hundred dollars for each full-time equivalent teacher employed in the school district if:
(1) The school district does not increase the school district's average teacher compensation in accordance with § 13-13-73.6; or
(2) The school district does not pay each full-time equivalent teacher a salary at least equal to the state minimum salary as defined in § 13-13-73.8.
A school district may request a waiver from any penalty imposed under this section from the School Finance Accountability Board.
Source: SL 2024, ch 53, § 5.
13-13-74. Monthly payments of aid to public schools--Adjustment for deductions for delinquent payments.
Except as provided in §§ 13-19-29 and 13-13-39, payment from funds provided in aid of the public schools in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first to December thirty-first, inclusive, the total of the six payments shall be one-half of local need of current school fiscal year less local effort for the period July first to December thirty-first, inclusive. For the period January first to June thirtieth, inclusive, the total of the six payments shall be one-half of local need of current school fiscal year less local effort for the period January first to June thirtieth, inclusive. Any amounts paid to the Health and Educational Facilities Authority or a financial institution designated pursuant to § 13-13-39 shall be deducted from the amounts otherwise payable in a fiscal year to a school district under this section and the department shall adjust the monthly installments to be paid to the school district for the remainder of the fiscal year.
Source: SL 1995, ch 94, § 40; SL 1999, ch 84, § 2; SL 2015, ch 90, § 4.
13-13-78. Definition of terms used in § 13-13-79.
Terms used in § 13-13-79 mean:
(1) "Sparse school district," a school district that meets each of the following criteria:
(a) Has a fall enrollment per square mile of 0.50 or less;
(b) Has a fall enrollment of five hundred or less;
(c) Has an area of four hundred square miles or more;
(d) Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;
(e) Operates a secondary attendance center; and
(f) Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more;
(2) "Sparsity fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of less than eighty-three or greater than two hundred thirty-two, is calculated as follows:
(a) Divide the fall enrollment as defined in § 13-13-10.1 by the area of the school district in square miles;
(b) Multiply the quotient obtained in subsection (a) times negative 0.125;
(c) Add 0.0625 to the product obtained in subsection (b); and
(d) Multiply the sum obtained in subsection (c) times the fall enrollment;
(3) "Sparsity adjusted fall enrollment," for sparse school districts with a fall enrollment as defined in § 13-13-10.1 of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two.
Source: SL 2006, ch 75, § 6; SL 2007, ch 95, § 1, eff. Mar. 1, 2007; SL 2007, ch 93, § 11; SL 2011, ch 87, § 6.
13-13-79. Distribution of funds to sparse school districts.
At the same time that state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute funds to sparse school districts by multiplying the result of the calculation in either subdivision 13-13-78(2) or subdivision 13-13-78(3) by seventy-five percent of the per student equivalent as defined in § 13-13-10.1. However, no sparse school district may receive a sparsity benefit that exceeds one hundred ten thousand dollars in any fiscal year.
Source: SL 2006, ch 75, § 7; SL 2007, ch 95, § 2, eff. Mar. 1, 2007; SL 2007, ch 93, § 12; SL 2009, ch 78, § 1; SL 2011, ch 92, § 1; SL 2012, ch 93, § 1; SL 2015, ch 89, § 17; SL 2016, ch 83, § 10.
13-13-81. Definition of terms.
Terms used in this section and §§ 13-13-82 and 13-13-83 mean:
(1) "Eligible school district," a school district that does not receive state aid to education distributed pursuant to chapter 13-13 and that operates a high school primarily focused on career and technical education;
(2) "Eligible student," a student who currently attends a high school primarily focused on career and technical education that is operated by an eligible school district and who, immediately prior to attending the high school primarily focused on career and technical education, was enrolled in a South Dakota school district other than the eligible school district.
Source: SL 2008, ch 79, § 1.
13-13-82. State aid to certain school districts for career and technical education.
An eligible school district shall receive an amount equal to the per student equivalent as defined in § 13-13-10.1 multiplied by the number of eligible students included in its fall enrollment as defined in § 13-13-10.1.
Source: SL 2008, ch 79, § 2; SL 2016, ch 83, § 11.
13-13-83. Monthly payments.
The amount calculated in § 13-13-82 and in § 13-13-87 shall be distributed to an eligible school district in the same manner as other state aid payments are distributed pursuant to § 13-13-74 from funds appropriated in the general appropriations act for state aid to education.
Source: SL 2008, ch 79, § 3; SL 2013, ch 77, § 4.
13-13-84. Promulgation of rules on certification of resident pupils attending schools in another state.
The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certification of resident pupils attending public or private schools in another state.
Source: SL 2009, ch 75, § 3.
13-13-85. Transfer of funds for jump start scholarships.
The secretary of the Department of Education shall transfer on a noncash basis to the executive director of the Board of Regents the amount of state aid to education funds necessary to award jump start scholarships pursuant to §§ 13-55-47 to 13-55-51, inclusive, to all students admitted into the scholarship program for that fiscal year. One-half of the necessary amount shall be transferred by October fifteenth for distribution for the first semester, and one-half of the necessary amount shall be transferred by March fifteenth for distribution for the second semester.
Source: SL 2011, ch 102, § 6; SL 2015, ch 89, § 18.
13-13-86. Child residing in licensed group care center for minors.
If a child is residing in a licensed group care center for minors which provides care for children who are not living with their parents or guardian, the school residence of the child is the school district where the parents or guardian reside, subject to the provisions of § 13-28-9.
The school district where a licensed group care center for minors is located is responsible for providing an educational program for the children who reside in the group care center.
Source: SL 2013, ch 77, § 2.
13-13-87. Children residing in residential treatment center or intensive residential treatment center.
The Department of Education shall pay tuition to a school district providing education for children pursuant to § 13-28-11. The amount shall be calculated as follows:
(1) Multiply the tuition rate set by the Department of Social Services pursuant to § 13-28-39 by the number of days of enrollment for children provided an education pursuant to § 13-28-11, in the previous fiscal year; and
(2) Subtract moneys received by the school district in the form of general state aid to schools as calculated pursuant to § 13-13-73 attributable to all children referenced in subdivision (1).
No person or entity may be charged additional tuition for any child for whom tuition is paid pursuant to this section.
Source: SL 2013, ch 77, § 3; SL 2014, ch 85, § 2; SL 2016, ch 83, § 12; SL 2017, ch 79, § 2.
13-13-88. Workforce education fund created.
There is hereby created in the state treasury the workforce education fund to provide grants for the purposes of providing secondary career and technical education programs.
Any general funds appropriated to the workforce education program shall be transferred into the workforce education fund. Interest earned on money in the fund shall be deposited into the fund.
Source: SL 2013, ch 7, § 10, eff. Mar. 20, 2013; SL 2016, ch 85, § 8; SL 2018, ch 10, § 8.
13-13-89. Disbursements from workforce education fund.
The secretary of the Department of Education shall authorize and disburse money from the workforce education fund to fund new and existing secondary career and technical education programs. In any fiscal year, up to two hundred fifty thousand dollars may be distributed to private, nonprofit entities that provide specialized career and technical services and education.
Source: SL 2013, ch 7, § 11, eff. Mar. 20, 2013; SL 2016, ch 85, § 9; SL 2018, ch 10, § 9.
13-13-90. Promulgation of rules regarding workforce education fund.
The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 regarding the application process and timelines, the guidelines and criteria for approval of applications, and the distribution of funds from the workforce education fund.
Source: SL 2013, ch 7, § 12, eff. Mar. 20, 2013; SL 2017, ch 81, § 57.
13-13-91. Technology and assessment costs and sparse school district benefits deducted from distributions.
The amount of funding to be distributed to the school districts shall be the local need as determined in § 13-13-10.1 less the technology and assessment costs and the sparse school district benefits. The amount for technology and assessment costs and sparse school district benefits shall be retained by the Department of Education to fund technology in schools, statewide assessment testing, and sparse school district payments.
Source: SL 2015, ch 88, § 2.
13-13-92. Deposits in animal disease research and diagnostic laboratory bond redemption and operations fund.
The state general fund savings obtained through the state aid to education formula from the difference between the school general fund levy for agriculture property for taxes payable in 2018 pursuant to §§ 13-13-71, 13-13-72, and 13-13-72.1 and the agriculture property levy adopted by legislative action for taxes payable in 2018, shall be directed to the state animal disease research and diagnostic laboratory bond redemption and operations fund. Pursuant to this section, the savings amount dedicated to the state animal disease research and diagnostic laboratory bond redemption and operations fund in fiscal year 2018 shall be one million six hundred fifteen thousand dollars. In fiscal year 2019 and each year thereafter, the savings amount dedicated from the general fund to the state animal disease research and diagnostic laboratory bond redemption and operations fund shall be three million three hundred fifty thousand dollars.
Source: SL 2017, ch 43, § 7, eff. Mar. 17, 2017.
Commission Note: This section is repealed pursuant to SL 2017, ch 43, § 8 on the first day of the fiscal year following a determination by the Animal Industry Board that bonds issued for the State Animal Disease Research and Diagnostic Laboratory are satisfied and paid in full.
