CHAPTER 13-8
SCHOOL BOARDS AND SCHOOL DISTRICT OFFICERS
13-8-1 School board defined.
13-8-2 Composition and terms of office of school board members--Resolution for term length change--Joint school-primary elections--Notice and hearing.
13-8-3 Petition or school board resolution for election to increase size of district board, establish, or discontinue school board representation areas.
13-8-4 Elections and terms of office after increase in size of school board--Reduction in size of board.
13-8-5 Waiting period after election on size of school board.
13-8-6 13-8-6. Repealed by SL 1995, ch 87, § 21
13-8-7 13-8-7. Repealed by SL 2006, ch 76, § 1
13-8-7.1 School board member representation areas--Establishment--Election of board members.
13-8-8 13-8-8, 13-8-8.1. Repealed by SL 1973, ch 86, § 20
13-8-8.2 13-8-8.2. Repealed by SL 1982, ch 153, § 1
13-8-8.3 13-8-8.3. Repealed by SL 1973, ch 86, § 20
13-8-9 13-8-9. Repealed by omission from SL 1968, ch 46
13-8-10 Meetings of board--Election of officers--Designation of depository and newspaper--Quorum.
13-8-10.1 Associations of school boards--Majority vote for membership--Annual dues.
13-8-10.2 Attendance at association meetings--Appointment of members and official delegates--Expenses.
13-8-11 13-8-11. Repealed by SL 1995, ch 87, § 22
13-8-12 13-8-12, 13-8-13. Repealed by SL 1973, ch 86, § 20
13-8-14 Assumption of office by newly elected or appointed members--Oath and bond.
13-8-15 Filing and administration of oaths.
13-8-16 Failure of member to qualify.
13-8-17 13-8-17. Repealed by SL 1995, ch 87, § 23
13-8-18 Amount of business manager's bond.
13-8-19 Approval and filing of bonds.
13-8-20 New or additional bond required.
13-8-21 Action on bond after default--Taxpayer's action.
13-8-22 Incumbent continued in office when successor not elected or qualified.
13-8-23 Events creating vacancy on school board.
13-8-24 Resignation not effective until successor appointed and qualified.
13-8-25 Appointment to fill vacancy on school board--Qualification and term of appointee.
13-8-26 Appointment of committees--Persons authorized to countersign checks and warrants.
13-8-27 13-8-27, 13-8-28. Repealed by SL 1995, ch 87, §§ 24, 25
13-8-29 13-8-29 to 13-8-32. Repealed by SL 1973, ch 86, § 20
13-8-33 13-8-33. Repealed by SL 1995, ch 87, § 26
13-8-34 Approval and signing of minutes of school board.
13-8-35 Publication of minutes of board--Contents--Changes after publication--Business manager to sign.
13-8-36 13-8-36. Repealed by SL 1995, ch 87, § 27
13-8-36.1 Publication rates paid by school boards.
13-8-37 Compensation of board members.
13-8-38 Travel allowance of school board members.
13-8-39 Management of schools by board--General powers.
13-8-39.1 13-8-39.1. Repealed by SL 1987, ch 31, § 6A
13-8-39.2 Authority to provide day-care for children of enrolled students.
13-8-40 13-8-40. Repealed by SL 1971, ch 104, § 7
13-8-41 13-8-41. Repealed by SL 1985, ch 120, § 1
13-8-42 13-8-42. Repealed by SL 1973, ch 86, § 20
13-8-43 Records of business manager open to public inspection.
13-8-44 Destruction, falsification or failure to deliver records as misdemeanor.
13-8-45 13-8-45. Repealed by SL 1973, ch 86, § 20
13-8-46 13-8-46. Repealed by SL 1970, ch 43, § 1
13-8-47 Annual report to department--Contents, filing, and auditing--Past-due reports.
13-8-48 Forfeiture by officer or employee for failure to make report.
13-8-49 13-8-49. Repealed by SL 1973, ch 86, § 20
13-8-50 Before or after school programming for school children--Fee.
13-8-50.1 Fees deposited into school district's public enterprise fund.
13-8-51 13-8-51 to 13-8-54. Repealed by SL 1991, ch 127, § 5
13-8-55 Membership in associations to enhance state education quality permitted.
13-8-1. School board defined.
The school board is an elected body created according to the laws of the state to serve as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing within the school district.
Source: SL 1955, ch 41, ch 9, § 1; SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1973, ch 86, § 1.
13-8-2. Composition and terms of office of school board members--Resolution for term length change--Joint school-primary elections--Notice and hearing.
A school board consists of five, seven, or nine members whose terms are from one to three years initially, and three years thereafter; provided that each school board member is entitled to complete the term of office to which the member was elected. A school board may, by resolution, increase the length of terms from three to four years or decrease the length of terms from three to two years for the purpose of holding joint elections pursuant to § 13-7-10.3. Terms may not be increased or decreased unless the school board conducts a public hearing thereon, after having given notice of the hearing by publication at least twice in its official newspaper at least ten days before the hearing. At the hearing, the board may approve the resolution or may refer the matter to the voters of the district.
Source: SDC 1939, § 15.2507; SL 1955, ch 41, ch 9, § 2; SL 1957, ch 64, § 1; SDC Supp 1960, § 15.2302; SL 1965, ch 49, § 1; SL 1968, ch 45, § 1; SL 1972, ch 93, § 1; SL 1973, ch 86, § 2; SL 1973, ch 87, § 1; SL 2023, ch 55, § 1.
13-8-3. Petition or school board resolution for election to increase size of district board, establish, or discontinue school board representation areas.
The voters of any school district may increase the number of board members to seven or to nine, or establish or discontinue school board representation areas, by a majority vote of all voters voting at an election called and held as hereinafter provided. If a petition signed by ten percent of the registered voters of any school district, based upon the total number of registered voters at the last preceding general election, is presented to the board requesting that an election be called for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas, the board shall call an election. The school board may, by resolution, call for an election for the purpose of voting upon the question of the change of number of board members, or the establishment or discontinuation of school board representation areas. The question shall be submitted to the voters at an election to be held not less than forty-five nor more than sixty days from the date of the filing of the petition with the business manager. If a petition is filed less than one hundred twenty days prior to the next regular election, the question must be submitted at the regular election. The election must be held upon the same notice and conducted in the same manner as provided by chapter 13-7. Any increase or decrease in the number of board members must be implemented at the next succeeding regular election.
Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49, § 1; SL 1968, ch 45, § 1; SL 1975, ch 128, § 44; SL 1983, ch 120, § 1; SL 1987, ch 67, § 10; SL 1993, ch 125; SL 2002, ch 82, § 1; SL 2009, ch 73, § 1; SL 2023, ch 55, § 10.
13-8-4. Elections and terms of office after increase in size of school board--Reduction in size of board.
If at an election held pursuant to § 13-8-3 an increase in the number of board members is authorized, the school board must designate the number of vacancies and the number of years, not to exceed three years, or four years if authorized pursuant to § 13-8-2, in each vacancy, so that all succeeding regular elections have, insofar as practicable, the same number of vacancies to be filled.
The procedure for decreasing the number of board members is the same as for increasing the number of board members, and the board shall designate the vacancies and terms not to exceed three years, or four years if authorized pursuant to § 13-8-2; provided, that each school board member is entitled to complete the term of office to which the member was elected.
Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49, § 1; SL 1968, ch 45, § 1; SL 1972, ch 93, § 2; SL 1975, ch 128, § 45; SL 2023, ch 55, § 2.
13-8-5. Waiting period after election on size of school board.
The question of any change in number of board members, having once been voted upon whether approved by the voters or not, shall not be again submitted within two years thereafter.
Source: SDC Supp 1960, § 15.2302 as added by SL 1965, ch 49, § 1; SL 1968, ch 45, § 1.
13-8-7.1. School board member representation areas--Establishment--Election of board members.
Any school board may establish school board member representation areas. The electors of any school district may also establish school board representation areas by a majority vote of all electors voting at an election called and held as set forth in §§ 13-8-3 to 13-8-5, inclusive. The representation areas, if established, shall become effective January first of the following year. Each representation area shall include a population with a variance of not more than five percent and shall be reapportioned at least once every ten years. If board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. Before the school board member representation areas are established, the entity responsible for establishing the school board member representation areas shall state whether the board members will be elected at large or elected by the voters who reside within the representation area or elected by any combination thereof.
All current board members shall serve the balance of their terms. At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.
Source: SL 1988, ch 137; SL 2006, ch 76, § 2; SL 2007, ch 91, § 1.
13-8-10. Meetings of board--Election of officers--Designation of depository and newspaper--Quorum.
The annual meeting shall be held on the second Monday of July unless otherwise designated by the board at the prior regular meeting. Regular meetings shall be on the second Monday of each month unless otherwise designated by the board at the annual meeting. At the annual meeting the school board shall organize by the election of a president and a vice president from its membership, and such officers shall serve until the next annual meeting. The board shall designate the depository or depositories as provided in § 13-16-15, and the custodians of all accounts; and designate the legal newspaper to be used for publishing all official notices and proceedings. A majority of the members of the school board constitutes a quorum for the purpose of conducting business. Any board action may be taken if it is approved by the majority of the members voting.
Special meetings may be held upon call of the president or in the president's absence by the vice-president, or a majority of the board members. Notice of such meeting shall be given by the business manager to the board members either orally or in writing in sufficient time to permit their presence.
Source: SDC 1939, § 15.2516; SL 1951, ch 63, § 3; SL 1955, ch 41, ch 9, § 4; SDC Supp 1960, § 15.2304; SL 1964, ch 43; SL 1973, ch 86, § 5; SL 1975, ch 128, § 48; SL 2007, ch 92, § 1.
13-8-10.1. Associations of school boards--Majority vote for membership--Annual dues.
The school board of any school district of this state or any board of education governing elementary or secondary education by a majority vote may become a member of an association with other school boards of South Dakota upon payment of the annual dues to the association by the district. All school board members of that district or other body become members of such association for the period covered by the payment of the dues.
Source: SL 1949, ch 68, § 2; SL 1955, ch 41, ch 7, § 9; SDC Supp 1960, § 15.1909; SDCL, § 13-9-2; SL 1969, ch 42, § 1; SL 1976, ch 110, § 1.
13-8-10.2. Attendance at association meetings--Appointment of members and official delegates--Expenses.
Every school board member in the state shall be entitled to attend the meetings of such association, and every school board, which is a member of such association, may appoint any of its members to attend the annual, district, or regional meeting thereof with one to act as an official delegate and shall pay the actual and necessary expenses incurred by those attending such meeting as provided in § 13-8-38.
Source: SL 1949, ch 68, § 6; SL 1955, ch 41, ch 7, § 13; SDC Supp 1960, § 15.1913; SDCL, §§ 13-9-4, 13-9-5; SL 1969, ch 42, § 2; SL 1969, ch 47; SL 1975, ch 128, § 68; SL 1976, ch 110, § 2.
13-8-14. Assumption of office by newly elected or appointed members--Oath and bond.
The newly elected members of the school board shall qualify and assume membership at the annual meeting of the school board in July, and appointed members at the next meeting following such appointment, by taking and subscribing to an oath or affirmation to support the laws and Constitution of the United States and the State of South Dakota and to faithfully perform the duties of school board membership and by filing a bond if required by law and having it approved.
Source: SL 1955, ch 41, ch 9, § 18; SDC Supp 1960, § 15.2318; SL 1975, ch 128, § 50; SL 1977, ch 116, § 1.
13-8-15. Filing and administration of oaths.
In all school districts oaths of office shall be filed with the business manager except the oath of office of the business manager which shall be filed with the county auditor. Business managers and presidents of school boards are empowered to administer oaths in all matters in which their respective districts may be a party.
Source: SDC 1939, §§ 15.2008, 15.2317; SL 1953, ch 55, § 1; SL 1955, ch 41, ch 9, § 18; SDC Supp 1960, § 15.2318; SL 1973, ch 86, § 7; SL 1975, ch 128, § 51.
13-8-16. Failure of member to qualify.
Failure of any school board member-elect or appointee to qualify as specified in §§ 13-8-14 and 13-8-15 shall constitute a vacancy which may be filled by appointment.
Source: SDC 1939, §§ 15.2013, 15.2014; SL 1955, ch 41, ch 9, § 18; SDC Supp 1960, § 15.2318; SL 1975, ch 128, § 52.
13-8-18. Amount of business manager's bond.
The penal sum of the bonds required for school business managers shall be fixed and approved by the school board.
Source: SDC 1939, §§ 15.2009, 15.2010; SL 1955, ch 41, ch 9, § 20; SL 1957, ch 66, § 2; SDC Supp 1960, § 15.2320; SL 1973, ch 86, § 9; SL 1989, ch 137.
13-8-19. Approval and filing of bonds.
The bonds of the business manager shall be approved by the school board.
The bonds shall be filed with the county auditor.
Source: SDC 1939, § 15.2009; SL 1955, ch 41, ch 9, § 21; SL 1957, ch 66, § 3; SDC Supp 1960, § 15.2321; SL 1973, ch 86, § 10.
13-8-20. New or additional bond required.
New or additional bonds for school board members or employees may be required by the school board in a sum to be fixed by the board in the event of the sale of bonds or whenever deemed necessary. The county auditor may require new or additional bonds in districts where deemed necessary by him.
Source: SDC 1939, § 15.2009; SL 1955, ch 41, ch 9, § 22; SL 1957, ch 66, § 4; SDC Supp 1960, § 15.2322; SL 1971, ch 104, § 1; SL 1975, ch 128, § 53.
13-8-21. Action on bond after default--Taxpayer's action.
In case of the breach of any condition of any official bond in any school district, the county auditor or any member of a school board where the default occurs shall cause an action to be commenced and prosecuted thereon in the name of the school district and all money so collected shall be paid into the county treasury, to be applied to the use of the schools of such district. If the auditor either fails or refuses to bring such action upon the breach of a bond, any taxpayer of the district may cause such action to be commenced and the necessary expenses of such action shall be paid, unless otherwise ordered by the court, out of the county treasury from funds apportioned to such district.
Source: SDC 1939, § 15.2012; SL 1955, ch 41, ch 9, § 23; SL 1957, ch 66, § 5; SDC Supp 1960, § 15.2323; SL 1971, ch 104, § 2; SL 1975, ch 128, § 54.
13-8-22. Incumbent continued in office when successor not elected or qualified.
If for any reason a school district fails to elect any person to succeed a school board member whose term shall have expired or an elected board member fails to qualify, the term shall be deemed vacant, and the incumbent shall continue to act in an official capacity until the vacancy is filled.
Source: SL 1955, ch 41, ch 9, § 26; SDC Supp 1960, § 15.2326; SL 1975, ch 128, § 55.
13-8-23. Events creating vacancy on school board.
A vacancy on the school board occurs if any of the following events happen before the expiration of the term of a school board member. If the member:
(1) Dies;
(2) Is removed from the board;
(3) Fails to qualify as a board member as provided by law;
(4) Ceases to be a resident of the school district or representation area where elected;
(5) Is convicted of any infamous crime or of any offense involving a violation of the member's official oath;
(6) Has a judgment obtained against the member for breach of the member's official bond;
(7) Is incapacitated and is unable to attend to the duties of the position;
(8) Assumes the duties of an office incompatible with the duties of a school board member;
(9) Resigns.
Source: SDC 1939, § 15.2316; SL 1955, ch 41, ch 9, § 24; SDC Supp 1960, § 15.2324; SL 1975, ch 128, § 56; SL 2006, ch 76, § 3.
13-8-24. Resignation not effective until successor appointed and qualified.
A resignation of a school board member shall necessitate a successor to be appointed to fill the vacancy, but such resignation shall not be effective until the successor is appointed and qualified as prescribed by law, and until such time the resigning member shall continue to serve in an official capacity as a school board member.
Source: SL 1887, ch 47, § 110; CL 1887, § 1796; SL 1955, ch 41, ch 9, § 27; SDC Supp 1960, § 15.2327; SL 1975, ch 128, § 57.
13-8-25. Appointment to fill vacancy on school board--Qualification and term of appointee.
Any vacancy occurring on a school board shall be filled by appointment. The vacancy shall be filled by all school board members, including the vacating member, if the vacancy is created by:
(1) A school district's failure to elect a person to succeed a school board member whose term has expired;
(2) An elected school board member's failure to qualify as specified in § 13-8-14; or
(3) A school board member's resignation.
If the vacancy occurs due to an event listed in subdivisions 13-8-23(1), (2), (4), (5), (6), (7), or (8), the vacancy shall be filled by the remaining school board members.
The appointee shall qualify as if elected at or before the next school board meeting, and serve until the next succeeding election at which time a successor shall be elected to serve the unexpired term.
Source: SDC 1939, §§ 15.2315, 15.2515; SL 1951, ch 63, § 2; SL 1955, ch 41, ch 9, § 25; SDC Supp 1960, § 15.2325; SL 1971, ch 104, § 3; SL 1977, ch 116, § 2; SL 2015, ch 86, § 1.
13-8-26. Appointment of committees--Persons authorized to countersign checks and warrants.
The president of the school board shall appoint all committees, and shall preside at the meetings of the board. The president, or in the president's absence any board member designated by the school board at a board meeting, shall countersign all checks or warrants drawn by the business manager which have been authorized for payment by the school board.
Source: SDC 1939, § 15.2518; SL 1955, ch 41, ch 9, § 32; SDC Supp 1960, § 15.2332; SL 1975, ch 128, § 58; SL 2014, ch 78, § 1.
13-8-34. Approval and signing of minutes of school board.
The school board shall approve the minutes of every meeting of the board within forty-five days after such meeting. The presiding officer and the business manager shall sign the minutes of all annual, regular, and special meetings after they have been approved.
Source: SL 1955, ch 41, ch 9, § 33; SL 1959, ch 66; SDC Supp 1960, § 15.2333; SL 1968, ch 48, § 1; SL 1975, ch 128, § 61.
13-8-35. Publication of minutes of board--Contents--Changes after publication--Business manager to sign.
Within twenty days after a meeting of the school board, the board shall cause to be published in the designated legal newspaper a full account of the unapproved proceedings of such meeting, giving a detailed statement of all expenditures of money, with the names of persons to whom payment is made, showing the service rendered or goods furnished, a detailed statement of receipts, and balance on hand. Expenditures and receipts of trust and agency funds may be published in total only.
If the published minutes of the previous meeting of the board are modified, amended, or corrected by such board subsequent to such publication and prior to approval by the board, such changes shall be reflected in the minutes of the meeting at which such modifications, amendments, or corrections are made.
The business manager shall sign each legal publication submitted to the newspaper.
Source: SDC 1939, § 15.2522; SL 1947, ch 69; SL 1955, ch 41, ch 9, § 33; SL 1959, ch 66; SDC Supp 1960, § 15.2333; SL 1968, ch 48, § 1; SL 1971, ch 104, § 5; SL 1972, ch 129, § 2; SL 1973, ch 86, § 13; SL 1975, ch 67, § 2; SL 1975, ch 128, § 62; SL 1976, ch 115, § 1.
13-8-36.1. Publication rates paid by school boards.
School boards shall pay for publishing proceedings required by § 13-8-35 at a rate not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers, as provided in §§ 17-2-19 and 17-2-20.
Source: SL 1996, ch 104.
13-8-37. Compensation of board members.
Each local school board shall set the amount of per diem that each member of that local school board may receive. However, the amount of per diem set by the local school board may not exceed the per diem authorized for the members of the South Dakota Board of Education Standards, pursuant to § 4-7-10.4. The per diem may be paid for each meeting actually attended by such member and also for each day a member was actually engaged in the service of the board when authorized by the board.
Source: SDC 1939, §§ 15.2325, 15.2521, 15.2608; SL 1945, ch 56; SL 1955, ch 41, ch 9, § 29; SDC Supp 1960, § 15.2329; SL 1965, ch 51; SL 1969, ch 46; SL 1973, ch 86, § 14; SL 1975, ch 128, § 63; SL 1978, ch 104; SL 2004, ch 124, § 1; SL 2017, ch 81, § 57.
13-8-38. Travel allowance of school board members.
In addition to per diem as provided in § 13-8-37, all school board members may receive mileage at the rate set pursuant to § 3-9-1.
Source: SL 1955, ch 41, ch 9, § 30; SDC Supp 1960, § 15.2330; SL 1969, ch 47; SL 1973, ch 86, § 15; SL 1982, ch 135; SL 2024, ch 20, § 10.
13-8-39. Management of schools by board--General powers.
As provided and limited by law, the school board has general charge, direction and management of the schools of the district and control and care of all property belonging to it. The school board may levy taxes, borrow money, employ any necessary personnel, lease real and personal property, carry liability and other insurance, or in lieu of insurance, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the school board in meeting obligations arising from such acts or omissions for which the school board may be legally liable, purchase all necessary books and equipment, purchase real property and erect necessary buildings for the operation of such schools.
Source: SDC 1939, §§ 15.2001, 15.2018; SL 1947, ch 61; SL 1951, ch 53; SL 1953, ch 55, § 2; SL 1955, ch 41, ch 9, § 1; SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 74, § 3; SL 1963, ch 78; SL 1978, ch 49, § 3; SL 1979, ch 114; SL 1987, ch 75, § 3.
13-8-39.2. Authority to provide day-care for children of enrolled students.
The school board may provide day-care services to the children of enrolled students and may charge a fee therefor.
Source: SL 1989, ch 138, § 1.
13-8-43. Records of business manager open to public inspection.
All reports, books, records, contracts, and papers in the office of the business manager relating to school business in the district shall be retained in the office of the business manager and at all times open to the inspection of the president of the board, the secretary of the Department of Education and county auditor, and at reasonable hours to any voter or taxpayer.
Source: SDC 1939, § 15.2323; SL 1955, ch 41, ch 9, § 37; SDC Supp 1960, § 15.2337; SL 1971, ch 104, § 6; SL 1973, ch 86, § 16; SL 1975, ch 128, § 64; SL 2003, ch 272, § 63.
13-8-44. Destruction, falsification or failure to deliver records as misdemeanor.
It is a Class 1 misdemeanor for any administrator knowingly to mutilate or destroy any of the books, accounts, or records of his office or sign, transmit, issue, or publish a false statement relating thereto, or fail to deliver to his successor all the books, accounts, and records on demand of his successor, the president of the board or the secretary of the Department of Education.
Source: SDC 1939, § 15.9908; SL 1955, ch 41, ch 17, § 8; SL 1973, ch 86, § 17; SL 1975, ch 128, § 65; SL 1977, ch 118; SL 1982, ch 86, § 132; SL 2003, ch 272, § 63.
13-8-47. Annual report to department--Contents, filing, and auditing--Past-due reports.
Before August first, every school board shall file an annual report with the Department of Education. The report must contain all the educational and financial information and statistics of the school district as requested in a format established by the Department of Education. The report must also contain, for each month of the fiscal year, the month-end cash balances of the school district's general fund, capital outlay fund, and special education fund. The report must also contain the following information for the district from the preceding fiscal year:
(1) Total teacher compensation, which is defined as the total amount spent on instructional salaries and benefits for certified instructional staff;
(2) Average teacher compensation, which is calculated by dividing the total teacher compensation by the total full-time equivalence of certified instructional staff employed by the school district;
(3) The total amount spent on instructional salaries for certified instructional staff;
(4) The total amount spent on benefits for certified instructional staff;
(5) The total full-time equivalence of certified instructional staff employed by the school district; and
(6) Any other information necessary to comply with the provisions of SL 2016, ch 83.
The business manager, with the assistance of the secretary of the Department of Education, shall make the annual report, and the report must be approved by the school board. The business manager shall sign the annual report and file a copy with the Department of Education as provided in § 13-13-37. The department shall audit the report and return one copy to the school district.
Reports not filed prior to August thirtieth are considered past due and are subject to the past-due provisions of § 13-13-38.
Source: SDC 1939, § 15.2320; SL 1955, ch 41, ch 9, § 35; SDC Supp 1960, § 15.2335; SL 1968, ch 49; SL 1970, ch 96, § 5; SL 1973, ch 86, § 18; SL 1975, ch 128, § 66; SL 1985, ch 121, § 1; SL 1991, ch 20, §§ 17, 18; SL 1994, ch 113, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2010, ch 77, § 3; SL 2011, ch 86, § 1; SL 2015, ch 87, § 1; SL 2016, ch 83, § 26; SL 2024, ch 53, § 2.
13-8-48. Forfeiture by officer or employee for failure to make report.
When any school district employee, required by law or regulation to make a report including an inventory under the provisions of chapter 5-24 to any county auditor or school board or the secretary of the Department of Education, willfully neglects to make such report or fails to perform any of his official duties, the school board shall withhold the last month's salary of such employee or employees until such reports or records are filed and accepted or such official duties performed.
Source: SDC 1939, § 15.2016; SL 1955, ch 41, ch 9, § 36; SDC Supp 1960, § 15.2336; SL 1973, ch 86, § 19; SL 1975, ch 128, § 67; SL 2003, ch 272, § 63.
13-8-50. Before or after school programming for school children--Fee.
The school board may provide programming before or after the regular school term or school day, including weekends, for children who are of school age and are enrolled in a school within the district and may charge a fee therefor. However, the programming provided by a school district for which a fee may be charged pursuant to this section does not include any high school extracurricular activity.
Source: SL 1989, ch 139, § 1; SL 2012, ch 91, § 1, eff. Mar. 1, 2012.
13-8-50.1. Fees deposited into school district's public enterprise fund.
Any fees paid to a school district under the provisions of §§ 13-8-50 and 13-28-5 shall be deposited into the school district's public enterprise fund enumerated in § 13-16-2.
Source: SL 2012, ch 91, § 3, eff. Mar. 1, 2012.
13-8-55. Membership in associations to enhance state education quality permitted.
Any school administrator of any school district of this state may become a member of an association with school administrators of other school districts of this state, the purpose of which is to enhance the quality of education in the school districts in South Dakota.
Source: SL 2003, ch 94, § 1.
