13-23-1      School board's power to establish and discontinue--Time for action closing school.
13-23-2      Power of district voters to direct establishment or discontinuance of attendance center.
13-23-3      Resolution or petition to discontinue attendance center--Time of election--Board bound by decision of voters.
13-23-4 to 13-23-7.      Repealed.
13-23-8      Repealed.
13-23-9      Repealed.
13-23-10      Establishment of attendance center outside boundaries of school district--Joint powers agreement.
13-23-11      Cooperative educational learning units and virtual schools unaffected.
13-23-12      Attendance center established before January 1, 2016.

13-23-1. School board's power to establish and discontinue--Time for action closing school.

The school board shall have the power to establish and discontinue attendance centers by resolution of the board. An action to close an operating school shall be taken by December first prior to the closure. However, if an emergency exists, the board may close the school after notice to the patrons.

Source: SDC 1939, § 15.2523 (5); SL 1939, ch 44; SL 1949, ch 54, § 1; SL 1955, ch 41, ch 12, § 16; SDC Supp 1960, § 15.3016; SL 1975, ch 128, § 147; SL 1981, ch 139, § 1.

13-23-2. Power of district voters to direct establishment or discontinuance of attendance center.

The voters of the school district shall have the power to direct the school board to either establish or discontinue an attendance center by holding a special election as provided in § 13-23-3, but the voters are limited in their power as the school board is limited by law in providing educational opportunities.

Source: SL 1955, ch 41, ch 12, § 16; SDC Supp 1960, § 15.3016; SL 1975, ch 128, § 148.

13-23-3. Resolution or petition to discontinue attendance center--Time of election--Board bound by decision of voters.

The school board may submit the question of discontinuing an attendance center for the next school fiscal year to a vote of the people upon resolution of the board, and shall submit such question to a vote of the people upon the filing of a petition on or before January fifteenth with the business manager of the school district calling for the vote and signed by at least fifteen percent of the registered voters of the district, based upon the total number of registered voters at the last preceding general election. The passing of the resolution to submit the question to the vote of the people, the filing of the petition, and the holding of the special election, shall be accomplished before the first of March.

If a majority of the voters voting cast their votes in favor of the question, the school board is bound by the decision for the next school fiscal year.

Source: SL 1955, ch 41, ch 12, § 17; SDC Supp 1960, § 15.3017; SL 1963, ch 84; SL 1975, ch 128, § 149; SL 1981, ch 139, § 2; SL 1983, ch 126, § 7; SL 1987, ch 67, § 12.