CHAPTER 13-1
STATE POLICIES AND SUPERVISION
13-1-1 13-1-1, 13-1-2. Obsolete
13-1-2.1 13-1-2.1. Repealed by SL 1975, ch 128, § 377
13-1-3 13-1-3. Transferred to § 13-3-1.1
13-1-5 13-1-5. Repealed by SL 1971, ch 23, § 2
13-1-6 13-1-6. Repealed by SL 1975, ch 128, § 377
13-1-7 13-1-7. Transferred to § 13-3-1.2
13-1-8 13-1-8. Repealed by SL 1975, ch 128, § 377
13-1-9 13-1-9. Transferred to § 13-3-1.3
13-1-10 13-1-10. Repealed by SL 1975, ch 128, § 377
13-1-11 13-1-11, 13-1-12. Repealed by SL 1996, ch 99, §§ 1, 2
13-1-12.1 Promulgation of rules on classification and accreditation of schools, preparation of certified personnel, eligibility for state aid, career and technical education, and curriculum requirements.
13-1-13 13-1-13, 13-1-14. Repealed by SL 1975, ch 128, § 377
13-1-15 13-1-15. Repealed by SL 1971, ch 99, § 10
13-1-16 13-1-16 to 13-1-18. Repealed by SL 1975, ch 128, § 377
13-1-19 13-1-19. Repealed by SL 1969, ch 38
13-1-20 13-1-20 to 13-1-22. Repealed by SL 1975, ch 128, § 377
13-1-22.1 13-1-22.1. Repealed by SL 2006, ch 74, § 1.
13-1-23 Acceptance and distribution of money, goods, and services.
13-1-24 13-1-24. Repealed by SL 1975, ch 128, § 377
13-1-25 13-1-25. Transferred to § 13-3-1.4
13-1-26 13-1-26 to 13-1-30. Repealed by SL 1975, ch 128, § 377
13-1-31 School library supervision--No minimum expenditures.
13-1-32 13-1-32 to 13-1-38. Repealed by SL 1975, ch 128, § 377
13-1-39 State board recommendations to Governor and Legislature.
13-1-40 13-1-40. Repealed by SL 1975, ch 128, § 377
13-1-41 13-1-41, 13-1-42. Repealed by SL 1995, ch 87, §§ 1A, 1B
13-1-43 Board and department to develop standards and practices for students.
13-1-44 13-1-44. Repealed by SL 2015, ch 82, § 1.
13-1-45 State policy to permit military and National Guard recruiters access to public school students.
13-1-46 Public schools to permit military and National Guard recruiters access to students.
13-1-47 Transferred to § 1-54-11 by SL 2019, ch 235 (Ex. Ord. 19-1), § 20, eff. Apr. 14, 2019.
13-1-48 Certain teachers required to take course in South Dakota Indian studies.
13-1-49 Transferred to § 1-54-12 by SL 2019, ch 235 (Ex. Ord. 19-1), § 21, eff. Apr. 14, 2019.
13-1-50 13-1-50. Repealed by SL 2019, ch 235 (Ex. Ord. 19-1), § 22, eff. Apr. 14, 2019.
13-1-51 Promulgation of rules regarding curriculum and coursework.
13-1-52 False claims concerning academic degree--Violation as misdemeanor--Revocation of license--Evaluation of academic credentials.
13-1-53 False claims concerning degree, certificate, diploma, or transcript--Violation as misdemeanor--Revocation of license.
13-1-54 Public school counselors earning National Certified School Counselor credential--Reimbursement and stipend.
13-1-55 Promulgation of rules regarding reimbursement and stipend.
13-1-56 Electronic mail to parent or guardian.
13-1-57 Definitions regarding news media coverage of high school activities.
13-1-58 Interference with news media coverage of high school activities prohibited--Exception.
13-1-59 Promulgation of rules to accommodate news media coverage of high school activities.
13-1-60 Annual report to Board of Regents--Licensure examination outcomes.
13-1-61 Annual report to Board of Technical Education--Licensure examination outcomes.
13-1-62 Repealed.
13-1-63 Repealed.
13-1-64 Repealed.
13-1-65 13-1-65. Repealed by SL 2017, ch 76, § 3.
13-1-66 Wearing of eagle feather, eagle plume, or beaded cap--Permitted at honoring or graduation ceremony.
13-1-67 Divisive concepts--Definition.
13-1-68 Engagement with divisive concepts--Compulsion prohibited.
13-1-69 Instruction--Racial classification prohibited.
13-1-70 Use of funding for certain purposes prohibited.
13-1-71 Application and scope of provisions.
13-1-12.1. Promulgation of rules on classification and accreditation of schools, preparation of certified personnel, eligibility for state aid, career and technical education, and curriculum requirements.
The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to establish standards for the classification and accreditation of schools within this state, to establish standards for preparation of certified personnel, to set forth procedures for determining the eligibility of school districts to receive state aid to education funding, to adopt policies and rules necessary to establish standards and procedures for career and technical education, and to establish curriculum requirements for a recommended high school program for all public and nonpublic schools within the state. The recommended high school program shall include a rigorous high school curriculum in both academic and career and technical courses. The requirements of the recommended program shall be aligned to the academic content standards developed pursuant to § 13-3-48 and shall, at a minimum, include the content standards tested pursuant to § 13-3-55.
Nothing in this section authorizes the board to require the use of specifically designated curriculum or methods of instruction.
Source: SL 1995, ch 86, § 10; SL 1996, ch 99, § 3; SL 2004, ch 121, § 1; SL 2009, ch 86, § 2, eff. July 1, 2013; SL 2015, ch 81, § 1; SL 2015, ch 89, § 2; SL 2017, ch 81, § 57.
13-1-23. Acceptance and distribution of money, goods, and services.
The secretary of education shall accept and distribute in accord with law and in a fair and equitable manner any commodities, moneys, goods, and services which may be made available from the state or federal government or from other sources. The goods and services may include items the state negotiates for centrally and provides to any school district on a voluntary basis at no cost or reduced cost. The secretary may also contract with any school district or other entity to provide services to school districts throughout the state.
Source: SL 1957, ch 52, § 4; SDC Supp 1960, § 15.0905 (20); SL 1975, ch 128, § 8; SL 1996, ch 8, § 26; SL 2004, ch 17, § 9; SL 2016, ch 80, § 1.
13-1-31. School library supervision--No minimum expenditures.
The secretary of education shall have supervision over school libraries. The South Dakota Board of Education Standards shall adopt such rules as it deems necessary to govern them. The board may not require minimum library expenditures.
Source: SDC Supp 1960, § 15.0803 as added by SL 1967, ch 37, § 1; SL 1975, ch 128, § 10; SL 1980, ch 118; SL 2004, ch 17, § 10; SL 2017, ch 81, § 57.
13-1-39. State board recommendations to Governor and Legislature.
The South Dakota Board of Education Standards shall have the power and duty to consider the educational needs of the state and recommend to the Governor and the Legislature such additional legislation or changes in existing legislation as may be deemed desirable.
Source: SL 1955, ch 41, ch 1, § 3; SDC Supp 1960, § 15.0803 (5); SL 2017, ch 81, § 57.
13-1-43. Board and department to develop standards and practices for students.
The South Dakota Board of Education Standards and the Department of Education shall work jointly with other state government agencies to ensure that children enter the K-12 education system ready to learn. The board and the department shall jointly work to develop standards and practices that ensure that, by the third grade, all children, to the best of their abilities, have learned fundamental reading, mathematics, language, science, and technology skills that form the foundation for further learning. The board and the department shall work together to develop standards and practices that ensure that, by completion of the twelfth grade, all students, to the best of their abilities, have learned the educational and personal skills that will allow them to enter adulthood as responsible members of society.
Source: SL 2000, ch 75, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
13-1-45. State policy to permit military and National Guard recruiters access to public school students.
It is a policy of the State of South Dakota to permit active duty or reserve duty military recruiters and South Dakota National Guard recruiters reasonable access to students of public school facilities in the State of South Dakota for the purpose of providing information about active duty or reserve duty military careers and benefits or South Dakota National Guard military careers and benefits.
Source: SL 2002, ch 81, § 1.
13-1-46. Public schools to permit military and National Guard recruiters access to students.
Any public secondary school accredited by the South Dakota Department of Education, and any public postsecondary school, located in South Dakota, shall permit active duty and reserve duty military recruiters or South Dakota National Guard military recruiters reasonable access to school facilities and students, at reasonable times and at reasonable places, for the purposes of providing information about military careers and benefits.
Source: SL 2002, ch 81, § 2; SL 2003, ch 272, § 63.
13-1-48. Certain teachers required to take course in South Dakota Indian studies.
Any teacher new to the profession, from out-of-state, or certified after 1993 shall complete a three-credit-hour course in South Dakota Indian studies. The course shall include components specific to:
(1) Language and cultural awareness;
(2) History;
(3) Educational theory and background of the traditional tribal education; and
(4) Implementation and strategies of Indian learning styles, curriculum development and authentic assessment.
Source: SL 2007, ch 82, § 2; SL 2008, ch 69, § 1.
13-1-51. Promulgation of rules regarding curriculum and coursework.
The Board of Education Standards may promulgate rules pursuant to chapter 1-26 to provide for curriculum and coursework in South Dakota American Indian history and culture.
Source: SL 2007, ch 82, § 5; SL 2017, ch 81, § 57.
13-1-52. False claims concerning academic degree--Violation as misdemeanor--Revocation of license--Evaluation of academic credentials.
No person may knowingly use a false academic degree or falsely claim to have a valid academic degree for the following purposes:
(1) To obtain employment;
(2) To obtain a promotion or higher compensation in employment;
(3) To obtain admission to postsecondary education; or
(4) In connection with any business, trade, profession, or occupation.
A violation of this section is a Class 1 misdemeanor and provides cause for the revocation of any license obtained in connection with the false degree.
For the purposes of this section, a false academic degree is a degree document, a certification of completion of a degree, coursework, or degree credit, including a transcript, that provides evidence or demonstrates completion of a course of instruction or coursework that results in the attainment of an associate degree or higher which is issued by a person or entity that is neither currently accredited by a regional, state, or national accrediting agency recognized by the United States Department of Education pursuant to 20 U.S.C. § 1099b as amended to January 1, 2008, nor has the foreign equivalent of such accreditation or the legal authority from a foreign country to issue degrees usable as educational credentials in the jurisdiction of issue. If a degree is granted in a jurisdiction without an accreditation system, or if a degree is accredited by a foreign entity and that accreditation is brought into question, that degree may be evaluated based on commonly recognized industry standards used to evaluate foreign academic credentials such as a credential evaluation and authentication report issued by: the World Education Services; an entity relied upon by South Dakota licensing boards; or South Dakota public postsecondary institutions.
The provisions of this section do not apply to any documents issued by a religious institution that offers credit or degree solely for the purpose of conferring status or authority within that religion.
Source: SL 2008, ch 71, § 1; SL 2014, ch 74, § 1.
13-1-53. False claims concerning degree, certificate, diploma, or transcript--Violation as misdemeanor--Revocation of license.
No person, for the following purposes, may knowingly use any false degree, certificate, diploma, transcript, or other document indicating that the person has completed an organized program of study or completed courses when the person has not completed the organized program of study or the courses indicated on the degree, certificate, diploma, transcript, or document or falsely claim to have any valid degree, certificate, diploma, transcript, or other such document:
(1) To obtain employment;
(2) To obtain a promotion or higher compensation in employment;
(3) To obtain admission to postsecondary education; or
(4) In connection with any business, trade, profession, or occupation.
A violation of this section is a Class 1 misdemeanor and provides cause for the revocation of any license obtained in connection with the false degree.
Source: SL 2008, ch 71, § 2; SL 2014, ch 74, § 2.
13-1-54. Public school counselors earning National Certified School Counselor credential--Reimbursement and stipend.
The Department of Education may establish a program to reimburse public school counselors for the fees associated with the application and examination process necessary to earn the credential of National Certified School Counselor from the National Board for Counselor Certification. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the public school counselor successfully completed all of the certification requirements which took effect on January 1, 2004, and was awarded the credential.
In addition to the reimbursement provided in this section, a counselor who is employed by a school district and who has earned the credential of National Certified School Counselor from the National Board for Counselor Certification may receive a payment of two thousand dollars per year. The stipend shall be paid as follows:
(1) One thousand dollars from the Department of Education; and
(2) One thousand dollars from the school district that employs the counselor.
The department is not required to pay a teacher a stipend pursuant to this section unless the school district employing the counselor opts to pay a stipend.
Source: SL 2009, ch 70, § 1.
13-1-55. Promulgation of rules regarding reimbursement and stipend.
The Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, establishing the procedures for documenting the necessary certification and for providing the payments required in § 13-1-54.
Source: SL 2009, ch 70, § 2; SL 2017, ch 81, § 57.
13-1-56. Electronic mail to parent or guardian.
It is the policy of the State of South Dakota that the parent or guardian of any student enrolled in a public school may opt to receive any notifications or correspondence from that school by electronic mail in lieu of regular mail if the parent or guardian provides to the school an electronic mail address to which the notifications or correspondence may be sent.
Source: SL 2011, ch 87, § 5.
13-1-57. Definitions regarding news media coverage of high school activities.
Terms used in §§ 13-1-58 and 13-1-59 mean:
(1) "Association," any association that meets the requirements of § 13-36-4;
(2) "Journalism," the gathering, preparing, collecting, photographing, recording, streaming, broadcasting, writing, editing, reporting, or publishing of news or information that concerns matters of public interest for dissemination to the public, including on the internet;
(3) "Media contractor," any entity that contracts with a school board, school district, or association to conduct journalism at any interscholastic high school activity or event;
(4) "News media," personnel of a newspaper or other periodical issued at regular intervals, a news service, a radio station, a television station, or a television network, regardless of whether the news media is in print, electronic, or digital format;
(5) "School district," the same meaning as in § 13-5-1;
(6) "School board," the same meaning as in § 13-8-1.
Source: SL 2013, ch 69, § 1; SL 2021, ch 70, § 1.
13-1-58. Interference with news media coverage of high school activities prohibited--Exception.
No school district, school board, association, or media contractor may interfere with the right of news media to attend and engage in journalism concerning any interscholastic high school activity or event. No association or media contractor may charge a fee for news media to engage in journalism at any such activity or event. The school district or school board shall prevent any school under its authority from interfering with the right of news media to engage in journalism at any such activity or event. The provisions of this section do not apply to any state championship interscholastic event.
Source: SL 2013, ch 69, § 2; SL 2021, ch 70, § 2.
13-1-59. Promulgation of rules to accommodate news media coverage of high school activities.
The board of a school district may adopt policies governing reasonable accommodations for news media to conduct journalism at all interscholastic high school activities and events. The policies on reasonable accommodations shall allow news media all necessary access to conduct journalism at such events, free of charge, subject to reasonable limitations for public safety, available space, and the right of the general public to attend such events.
Source: SL 2013, ch 69, § 3; SL 2021, ch 70, § 3.
13-1-60. Annual report to Board of Regents--Licensure examination outcomes.
If any department, board, or commission of the state administers a licensure or certification examination to any person who completed a degree program at an institution under the control of the Board of Regents, the department, board, or commission must report to the Board of Regents the following:
(1) The number of persons who completed a degree program at each institution under the control of the Board of Regents to whom the department, board, or commission administered a licensure or certification examination during that year; and
(2) The number of persons in subdivision (1) who successfully passed the licensure or certification examination, including any subparts of any licensure or certification process.
Source: SL 2013, ch 70, § 1; SL 2024, ch 52, § 1.
13-1-61. Annual report to Board of Technical Education--Licensure examination outcomes.
If any department, board, or commission of the state administers a licensure or certification examination to any person who completes a degree program or a training program at a public technical college in the state, the department, board, or commission must report to the Board of Technical Education the following:
(1) The number of persons who completed a degree program or training program at each public technical college in the state and to whom the department, board, or commission administered a licensure or certification examination during that year; and
(2) The number of persons in subdivision (1) who successfully passed the licensure or certification examination, including any subparts of any licensure or certification process.
Source: SL 2013, ch 70, § 2; SL 2017, ch 81, § 60; SL 2020, ch 61, § 36; SL 2024, ch 52, § 2.
13-1-62. Repealed.
Source: SL 2013, ch 70, § 3; SL 2017, ch 81, § 57; SL 2018, ch 9, § 2; SL 2022, ch 37, § 1.
13-1-63. Repealed.
Source: SL 2013, ch 71, § 1; SL 2017, ch 81, § 52; SL 2020, ch 61, § 37; SL 2024, ch 52, § 3.
13-1-66. Wearing of eagle feather, eagle plume, or beaded cap--Permitted at honoring or graduation ceremony.
The state or any of its political subdivisions may not prohibit any Native American student from wearing an eagle feather, eagle plume, or an appropriate beaded graduation cap at a school honoring or graduation ceremony. A school administrator may determine if a beaded graduation cap is appropriate.
Source: SL 2018, ch 89, § 1; SL 2022, ch 38, § 1.
13-1-67. Divisive concepts--Definition.
For the purposes of §§ 13-1-67 to 13-1-71, inclusive, the term, divisive concepts, means:
(1) That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior;
(2) That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity, or national origin;
(3) That an individual’s moral character is inherently determined by their race, color, religion, sex, ethnicity, or national origin;
(4) That an individual, by virtue of their race, color, religion, sex, ethnicity, or national origin is inherently racist, sexist, or oppressive, whether consciously or subconsciously;
(5) That individuals, by virtue of race, color, religion, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin;
(6) An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race, color, religion, ethnicity, or national origin; or
(7) Meritocracy or traits such as a strong work ethic are racist or sexist or were created by members of a particular race or sex to oppress members of another race or sex.
Source: SL 2022, ch 39, § 1.
13-1-68. Engagement with divisive concepts--Compulsion prohibited.
The Board of Regents, or the Board of Technical Education, or any institution under their control, may not direct or compel a student to personally affirm, adopt, or adhere to divisive concepts.
The Board of Regents, or the Board of Technical Education, or any institution under their control may not require their students or employees to attend or participate in any training or orientation that teaches, advocates, acts upon, or promotes divisive concepts.
Source: SL 2022, ch 39, § 2.
13-1-69. Instruction--Racial classification prohibited.
The Board of Regents, or the Board of Technical Education, or any institution under their control, may not condition enrollment or attendance in a class, training, or orientation on the basis of race or color.
Nothing in this section should be construed to prohibit the required collection or reporting of demographic data by institutions of higher education.
Source: SL 2022, ch 39, § 3.
13-1-70. Use of funding for certain purposes prohibited.
The Board of Regents, or the Board of Technical Education, or any institution under their control, may not authorize or expend funding for any purpose prohibited in §§ 13-1-67 to 13-1-71, inclusive.
Source: SL 2022, ch 39, § 4.
13-1-71. Application and scope of provisions.
Nothing in §§ 13-1-67 to 13-1-71, inclusive:
(1) Prevents an employee or a contractor who provides mandatory orientation or training from responding to questions that are raised by participants in the orientation or training and which pertain to the divisive concepts;
(2) Pertains to the content or conduct of any course of academic instruction or unit of study at an institution of higher education under the control of the Board of Regents or the Board of Technical Education; or
(3) May be construed to inhibit or violate the First Amendment rights of any student or employee, or to undermine the duty of an institution under the control of the Board of Regents or the Board of Technical Education to protect, to the greatest degree, academic freedom, intellectual diversity, and free expression.
Source: SL 2022, ch 39, § 5.
