Codified Law 1-45 | South Dakota Legislature

The Department formerly known as the Department of Education and Cultural Affairs is hereby renamed the Department of Education. The position formerly known as secretary of education and cultural affairs shall be referred to as the secretary of education and shall be appointed and serve pursuant to the provisions of the S.D. Const., Art. IV, § 9. The secretary of the Department of Education shall perform the functions of the former secretary of the Department of Education and Cultural Affairs.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 63.

1-45-1.2. Division of Library Services created--State Library Office transferred.

There is created a Division of Library Services within the Department of Education. The State Library Office is transferred from the Division of Cultural Affairs in the former Department of Education and Cultural Affairs to the Division of Library Services in the Department of Education.

Source: SL 2003, ch 272 (Ex. Ord. 03-1), § 64.

1-45-2. Secretary as head of department.

The head of the Department of Education is the secretary of education.

Source: SL 1973, ch 2, § 236; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

1-45-3. Qualifications of secretary.

The secretary of the Department of Education shall be qualified by training and experience to administer the programs of the Department of Education and shall have such other qualifications as may be specified by statute.

Source: SL 1973, ch 2, § 238; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

1-45-4. Divisions and agencies constituting department--Independent functions--Budgetary powers of secretary--Planning powers of commission.

The Department of Education consists of the divisions of workforce and career preparation, education services and resources, library services, and such other divisions and agencies as may be created by law, executive order, or administrative action and placed within the department. Each division shall perform its prescribed functions, subject to the following provisions:

(1) The secretary shall review and make recommendations concerning the annual budget request of each division; and

(2) The secretary may approve comprehensive education plans for the department;

(3) The secretary shall perform any functions assigned to the secretary under federal law; and

(4) The secretary shall perform the functions transferred from other agencies as specified in this chapter; and

(5) The secretary shall perform other personnel, organization, staffing, directing, coordinating, and reporting functions as assigned by law or executive directives of the Office of the Governor.

Source: SL 1973, ch 2, § 239; SL 1991, ch 21, § 1; SL 1996, ch 8, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 101.

1-45-4.1

1-45-4.1. Superseded.

1-45-4.2

1-45-4.2, 1-45-4.3. Repealed by SL 1996, ch 8, §§ 11, 12.

1-45-4.4. Services to visually impaired and deaf or hard of hearing children.

The Department of Education shall develop and implement a plan to identify and evaluate deaf or hard of hearing and visually impaired children and coordinate delivery of direct educational programs and services to meet the needs of all visually impaired and deaf or hard of hearing children in South Dakota.

Source: SL 1991, ch 22; SL 1996, ch 8, § 13; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2010, ch 77, § 1; SL 2019, ch 8, § 2.

1-45-4.5

1-45-4.5. Repealed by SL 1996, ch 8, § 14.

1-45-5

1-45-5. Obsolete.

1-45-6

1-45-6. Obsolete.

1-45-6.1. Board of Education Standards created--Appointment of members--Terms.

There is created within the Department of Education the South Dakota Board of Education Standards. The South Dakota Board of Education Standards shall consist of seven members. The members shall be appointed by the Governor with the advice and consent of the Senate. The terms of office for each member shall be four years and shall terminate December thirty-first of the fourth year. No member appointed after July 1, 2018, and without any previous service on the board, may serve more than three consecutive terms. However, after serving three consecutive terms, a member may be reappointed after at least two years have passed since the expiration of the member's last term. Any partial term to fill a vacancy on the board may not count against the three-term limit.

Source: SL 1985, ch 401, § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2017, ch 81, § 56; SL 2018, ch 18, § 1.

1-45-6.2. Vacancies on board--Meetings of board.

The initial term of office shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve only the unexpired portion of the term. The South Dakota Board of Education Standards shall meet at least four times annually. Special meetings may be held at the call of the president or, in the president's absence, a majority of the board or at the call of the secretary of the Department of Education.

Source: SL 1985, ch 401, § 19; SL 1991, ch 20 (Ex. Ord. 91-6), §§ 17, 18; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2017, ch 81, § 57; SL 2021, ch 73, § 1.

1-45-6.3

1-45-6.3, 1-45-6.4. Repealed by SL 2017, ch 81, §§ 47, 58.

1-45-6.5

1-45-6.5. Repealed by SL 2006, ch 73, § 1.

1-45-6.6

1-45-6.6. Repealed by SL 2018, ch 12, § 2.

1-45-7

1-45-7. Repealed by SL 1995, ch 322 (Ex Ord 95-6), § 19.

1-45-8

1-45-8. Repealed by SL 1976, ch 110, § 3.

1-45-9

1-45-9 to 1-45-12. Obsolete.

1-45-13. Functions performed by board.

The South Dakota Board of Education Standards shall perform those functions assigned in chapter 13-39 and all other functions as may be assigned by law.

Source: SL 1973, ch 2, § 248; SL 1975, ch 130, § 5; SL 2017, ch 81, § 57.

1-45-13.1

1-45-13.1. Repealed by SL 2014, ch 92, § 1.

1-45-14

1-45-14. Repealed by SL 1980, ch 26, § 15.

1-45-15

1-45-15. Repealed by SL 1996, ch 8, § 15.

1-45-16

1-45-16, 1-45-17. Repealed by SL 1991, ch 21, §§ 2, 3.

1-45-18

1-45-18. Repealed by SL 2003, ch 272, § 102.

1-45-18.1. Office of Cultural Preservation abolished.

The Office of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished.

Source: SL 1985, ch 400, § 17.

1-45-19

1-45-19. Obsolete.

1-45-19.1. Board of Cultural Preservation abolished.

The Board of Cultural Preservation established pursuant to chapter 1-45 is hereby abolished.

Source: SL 1985, ch 400, § 20.

1-45-20

1-45-20, 1-45-21. Obsolete.

1-45-22

1-45-22. Transferred to § 1-18-2.1 by SL 2005, ch 10, § 23.

1-45-23. Performance of museum functions.

The South Dakota State Historical Society shall perform all the functions of the following museums:

(1) The museum at the University of South Dakota known as the W.H. Over State Museum; and

(2) The museum at Pierre known as the South Dakota State History Museum.

Source: SL 1973, ch 2, § 255; SL 1975, ch 144, § 2; SL 1985, ch 8, § 4; SL 1985, ch 400, § 19; SL 1990, ch 446 (Ex. Ord. 90-1); SL 1995, ch 319 (Ex. Ord. 95-3), § 17; SL 2015, ch 8, § 5; SL 2015, ch 277 (Ex. Ord. 15-1), § 19, eff. Apr. 20, 2015; SL 2021, ch 7, § 40.

1-45-23.1

1-45-23.1. Transferred to § 1-18-2.2 by SL 2005, ch 10, § 24.

1-45-24

1-45-24, 1-45-25. Repealed by SL 1996, ch 8, §§ 18, 19.

1-45-26. Composition of State Library Office.

The State Library Office of the Division of Library Services includes the State Library Board created by § 14-1-55.

Source: SL 1973, ch 2, § 260; SL 1981, ch 163, § 1; SL 1996, ch 8, § 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 104.

1-45-27

1-45-27. Superseded.

1-45-27.1. Functions of planning commission transferred to secretary of education.

The functions of the Education and Cultural Affairs Planning Commission are transferred to the secretary of education.

Source: SL 1983, ch 389, § 17; SL 2003, ch 272 (Ex. Ord. 03-1) § 63; SL 2021, ch 73, § 2.

1-45-28

1-45-28. Superseded.

1-45-29

1-45-29. Repealed by SL 1996, ch 8, § 21.

1-45-30. Comprehensive plans defined.

Comprehensive education and cultural affairs plans shall be defined to mean any plan that involves programs under the jurisdiction of more than one of the divisions of the Department of Education or involving both public and private education or cultural programs.

Source: SL 1973, ch 2, § 264; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

1-45-31

1-45-31. Obsolete.

1-45-32

1-45-32. Superseded.

1-45-33

1-45-33, 1-45-34. Repealed by SL 1996, ch 8, §§ 22, 23.

1-45-35. Administrative functions transferred to secretary.

All administrative functions of the former Board of Cultural Preservation are transferred to the secretary of education.

Source: SL 1985, ch 400, § 25; SL 2003, ch 272 (Ex. Ord. 03-1) § 63.

1-45-36

1-45-36. Repealed by SL 1996, ch 8, § 24.

1-45-37

1-45-37. Repealed by SL 2013, ch 4, § 1.

1-45-38. School Finance Accountability Board--Members--Purpose--Promulgation of rules--Appeal--Waiver approval--Report.

There is hereby created the School Finance Accountability Board within the Department of Education. The board shall consist of five members appointed by the Governor. The members shall serve a term of four years.

The board may recommend that the provisions of § 13-13-73.5 be waived for a school district if the district can demonstrate that its lowest monthly general cash fund cash balance percentage is the result of special circumstances.

The board may recommend that a penalty against a school district imposed under § 13-13-73.9 be waived, in whole or in part, if the district can demonstrate that its failure to comply with § 13-13-73.6 or 13-13-73.8 is due to special circumstances. The board may recommend the Department of Education review the accreditation of a school district that is found not to be complying with §§ 13-13-73.5, 13-13-73.6, or 13-13-73.8.

The School Finance Accountability Board shall promulgate rules pursuant to chapter 1-26 to establish the appeals process provided for in § 13-13-73.9, and to establish the factors that may be considered in considering a waiver requested by a school district, which shall include the impact of retirements.

The Joint Committee on Appropriations or the Interim Committee on Appropriations shall review any waivers of § 13-13-73.5, 13-13-73.6, or 13-13-73.8 recommended by the School Finance Accountability Board. For a waiver recommended by the board under this section, the committee may provide any suggested change to the waiver. Not more than thirty days following receipt of a suggested change from the committee, the board may amend the recommended waiver in accordance with the suggested change and shall resubmit the recommended waiver. The Joint Committee on Appropriations or the Interim Committee on Appropriations shall approve, amend, or deny any waiver recommended by the board. The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to §§ 13-8-47 and 13-13-73.6.

Source: SL 2016, ch 83, § 23; SL 2018, ch 19, § 1; SL 2024, ch 53, § 1.

1-45-39. Teacher Compensation Review Board.

There is hereby created the Teacher Compensation Review Board within the Department of Education. The board shall review teacher compensation, including comparable wage indexes, in surrounding states at the completion of every two school years. The board shall report its findings to the Governor and the Legislature biennially by September thirtieth.

The members shall serve a term of two years.

The board shall consist of nine members to be appointed as follows:

(1) Three members of the South Dakota Senate appointed by the president pro tempore of the Senate, no more than two of whom may be from the same political party;

(2) Three members of the South Dakota House of Representatives appointed by the speaker of the House of Representatives, no more than two of whom may be from the same political party; and

(3) Three members appointed by the Governor.

Source: SL 2016, ch 83, § 22; SL 2022, ch 5, § 1.