13-15-1
School district contracts with state agencies and subdivisions authorized.
13-15-1.1
Contracts between school districts to share services of employees.
13-15-1.2
Repealed.
13-15-1.3
Contracts between districts for joint facilities.
13-15-1.4
Shared employee services grant program.
13-15-2
Contracts for education of Indian children--Receipt and expenditure of
federal grants.
13-15-3
School district contracts with federal agencies for education of children
residing in district--Tuition charges--Sharing of costs--Copy of contract to
secretary.
13-15-4
School facilities located on federal property.
13-15-5
Rules applicable to education provided under federal contract--Acceptance
in lieu of public education.
13-15-6
School operating under federal contract credited to district--Application of
school district laws--Eligibility for state and county school funds.
13-15-7
Conveyance of school district property to United States for educational
purposes--Terms of conveyance--Resolution and deed.
13-15-8
Repealed.
13-15-8.1
Interstate school district agreements to establish tuition rate--School board
action--Appeal of school board decision.
13-15-9
Interstate assignment of students on reciprocal basis only.
13-15-10
Repealed.
13-15-11
Contracts between districts for joint facilities.
13-15-12
Financing of interstate joint facilities.
13-15-13
Location of interstate joint facilities.
13-15-14
Joint facilities credited to district--Kindergarten through grade six required--Exception.
13-15-14.1
Repealed.
13-15-14.2
Repealed.
13-15-15 to 13-15-19.
Repealed.
13-15-20
Agreement and contracts with education commission of the states.
13-15-21
Enrollment in adjoining school districts in Minnesota.
13-15-21.1
Reciprocity required for enrolling in Minnesota school district--Application
of section.
13-15-22
Repealed.
13-15-23
Transportation needs for students commuting between South Dakota and
Minnesota.
13-15-24
Resident school district responsible for tuition of student enrolled in
Minnesota school.
13-15-25
Agreement with nonprofit organization to provide for children's recreation--Funding.
13-15-26
Certain agreements forbidden.
13-15-26.1
Repealed.
13-15-27
Agreements exempt from § 13-15-26.
13-15-28
Reorganization of district based on number of students--Exception for
district within reservation boundaries.
13-15-29
Student enrolling in nonresident district remains financial obligation of
resident district.
13-15-30
Agreements for whole-grade sharing of students--Conditions.
13-15-31
Approval and adoption of agreements for whole-grade sharing of students--Term--Termination--Requirements.
13-15-32
Promulgation of rules for whole-grade sharing of students.
13-15-1. School district contracts with state agencies and subdivisions authorized.
A school district is hereby authorized to enter into contracts and agreements with the state, its agencies and institutions and any political subdivisions for educational purposes and services.
Source: SL 1965, ch 61; SL 1975, ch 128, § 89.
13-15-1.1. Contracts between school districts to share services of employees.
School districts may contract with each other to share the services of employees.
Source: SL 1965, ch 61 as added by SL 1969, ch 52; SL 1975, ch 128, § 90.
13-15-1.3. Contracts between districts for joint facilities.
The school board of a school district bordering on one or more districts may enter into an agreement or contract with the officers of the adjacent school district or districts, if the provisions of such agreement or contract have been approved by the secretary of the Department of Education, to provide for the education of the children who reside within the school districts and to provide for the erection, operation, and maintenance of school facilities for the school districts upon terms and conditions as may be mutually agreed upon between the school districts, subject to the limitations as provided by law. Such contract or agreement is subject to the provisions of the tuition law.
Source: SL 1981, ch 137, § 1; SL 2003, ch 272, § 63.
13-15-1.4. Shared employee services grant program.
There is hereby established in the Department of Education a shared employee services grant program. The purpose of the grant program is to provide an incentive for school districts to share an employee pursuant to § 13-15-1.1. 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 eligibility and approval of applications, and the distribution of funds from the shared employee services grant program, not to exceed the amount appropriated by the Legislature for this program.
Source: SL 2016, ch 80, § 2; SL 2017, ch 81, § 57.
13-15-2. Contracts for education of Indian children--Receipt and expenditure of federal grants.
The secretary of education is hereby authorized to enter into contracts with the United States Department of the Interior for the education of Indian children, to receive grants of federal funds for that purpose, and to expend such funds under such rules as the South Dakota Board of Education Standards may establish.
Source: SL 1949, ch 65; SL 1955, ch 41, ch 1, § 5; SDC Supp 1960, § 15.0805; SL 1975, ch 128, § 91; SL 2004, ch 17, § 15; SL 2017, ch 81, § 57.
13-15-3. School district contracts with federal agencies for education of children residing in district--Tuition charges--Sharing of costs--Copy of contract to secretary.
The school board of any school district shall be authorized to enter into contracts with the United States Bureau of Indian Affairs or any other federal department or agencies or their authorized agents for the education of those children who are of legal school age and have school residence within the district and who are entitled to free public education. Such contractual agreement may be in the form of tuition charges mutually agreed upon, by the sharing of education operational costs and facilities, or by any other type of contractual agreement which will be of benefit to the school district. Any specific statute within the school code in compliance of which it would be necessary to defeat the purpose of this section is hereby waived to allow full compliance with the contractual agreement provided by this section. A copy of such contractual agreements shall be filed with the secretary of the Department of Education.
Source: SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1975, ch 128, § 92; SL 2003, ch 272, § 63.
13-15-4. School facilities located on federal property.
The school facilities described in § 13-15-3 may be located on federal property upon which the federal government holds exclusive jurisdiction provided such federal property adjoins the school district making such contract.
Source: SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78.
13-15-5. Rules applicable to education provided under federal contract--Acceptance in lieu of public education.
Education provided under § 13-15-3 shall comply with the rules of the South Dakota Board of Education Standards. Such education, when supplied by a federally operated school shall be considered in lieu of the public education required by law to be furnished by the school districts.
Source: SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.201; SL 1963, ch 78; SL 1975, ch 128, § 93; SL 2017, ch 81, § 57.
13-15-6. School operating under federal contract credited to district--Application of school district laws--Eligibility for state and county school funds.
School districts entering into contractual agreements specified in § 13-15-3 shall be considered as operating a school whether or not the school is located within the boundary of such district. It shall be subject to the same laws as any other school district. It shall be eligible to receive all state and county school funds to which other school districts are entitled.
Source: SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1975, ch 128, § 94.
13-15-7. Conveyance of school district property to United States for educational purposes--Terms of conveyance--Resolution and deed.
The school board of any school district shall be authorized to sell, donate, grant, or convey, any real property which is now or may hereafter be owned by it to the United States as sites for federal buildings, institutions, or facilities for educational purposes, upon such terms as may be determined by the board. Such sale, donation, grant, or conveyance may be made at any time, and upon such terms as the school board in its sole, unqualified discretion may determine proper.
Whenever the school board deems it advisable and in the best interests of the district to convey any such property to the United States as aforesaid, it shall by resolution direct that said property be so transferred and conveyed. Thereupon a deed of conveyance shall be made to the United States which deed shall vest the grantee therein with all the right, title, and interest of the school district in and to the real property conveyed.
Source: SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1975, ch 128, § 95.
13-15-8.1. Interstate school district agreements to establish tuition rate--School board action--Appeal of school board decision.
Any school district having a common boundary with a border state may enter into agreements with school districts of the border state having a common boundary with the South Dakota school district to establish a rate of tuition. The school board shall take action on any request that a tuition rate be established within forty-five days after receiving the request. The school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by § 13-46-1 or to the secretary of the Department of Education within thirty days from the date of the decision of the school board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education.
Source: SDC Supp 1960, § 15.3307 as added by SL 1964, ch 46; SL 1967, ch 46; SDCL, § 13-15-8; SL 1971, ch 108; SL 1996, ch 110, § 2; SL 2003, ch 272, § 63.
13-15-9. Interstate assignment of students on reciprocal basis only.
A school district in South Dakota with such a common boundary may not assign students to a district in another state if such district of said state prohibits or restricts students of said district from being assigned to a South Dakota school district.
Source: SDC Supp 1960, § 15.3307 as added by SL 1964, ch 46; SL 1967, ch 46; SL 1986, ch 27, § 4.
13-15-11. Contracts between districts for joint facilities.
The school board of any school district with boundaries adjoining another state may enter into an agreement or contract with the officers of a school district in another state when the provisions of such agreement or contract have been approved by the secretary of the Department of Education to provide for the education of the children who reside within such school district and to provide for the erection, operation, and maintenance of school facilities for both school districts upon such terms and conditions as may be mutually agreed upon between such school districts subject to the limitations as provided by law. Such contract or agreement shall not be subject to the provisions of the tuition law.
Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245; SL 1973, ch 85, § 42; SL 1975, ch 128, § 97; SL 2003, ch 272, § 63.
13-15-12. Financing of interstate joint facilities.
The district entering into such agreements or contracts may borrow money, levy taxes, and issue bonds and use the proceeds thereof in accordance with and subject to the limitations of laws governing school districts in South Dakota.
Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245.
13-15-13. Location of interstate joint facilities.
Facilities erected and maintained pursuant to agreements or contracts pursuant to § 13-15-11 may be located in South Dakota or in a neighboring state.
Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245.
13-15-14. Joint facilities credited to district--Kindergarten through grade six required--Exception.
School districts entering into contractual agreements specified in § 13-15-11 or 13-15-1.3 are considered to be operating a school whether or not the school is located within the boundary of the district. In any event, each school district, except those which have entered into an approved contract under the provisions of § 13-15-11, shall operate at least an instructional program for kindergarten through grade six within the boundaries of the district.
Source: SL 1957, ch 71; SDC Supp 1960, § 15.2245; SL 1963, ch 76; SL 1975, ch 128, § 98; SL 1981, ch 137, § 2; SL 1983, ch 126, § 6; SL 1985, ch 129, § 23; SL 1986, ch 122, §§ 1, 24; SL 1996, ch 69, § 8; SL 2004, ch 128, § 2.
13-15-20. Agreement and contracts with education commission of the states.
The Governor is authorized to enter into an agreement with the education commission of the states and to contract for special projects, with the approval of the Executive Board of the Legislative Research Council.
Source: SL 1985, ch 124, § 7.
13-15-21. Enrollment in adjoining school districts in Minnesota.
Any student who resides in a South Dakota school district adjoining a school district in Minnesota may enroll in the adjoining school district in Minnesota under one of the following options:
(1) Any school board that operates a K-8 school or does not operate a school may contract with the adjoining school district in Minnesota;
(2) Any school board may assign students to the adjoining school district in Minnesota. Any person who is aggrieved by the assignment decision of the school board may request a hearing within thirty days before the secretary of the Department of Education or the secretary's representative. If the Department of Education has not rendered a decision within thirty days following final submission of appeal, the board's decision is affirmed; or
(3) Any school board may enter into a memorandum of agreement with the school board of the adjoining school district in Minnesota to permit students from both school districts to enroll in either school district.
The intention of a Minnesota student to enroll in a South Dakota school shall be made known to the affected school before July first of the school term.
Source: SL 1992, ch 123, § 1; SL 1993, ch 132, § 1; SL 2003, ch 272, § 63.
13-15-21.1. Reciprocity required for enrolling in Minnesota school district--Application of section.
Any student who resides in a South Dakota school district adjoining a Minnesota school district may enroll in the adjoining school district if the adjoining border district's students have reciprocal rights to attend a South Dakota school.
This section does not apply to any school district that was engaged in 1994 in the reorganization process pursuant to chapter 13-6 until July 1, 1998.
Source: SL 1994, ch 117, §§ 1, 2; SL 1995, ch 95, § 2.
13-15-23. Transportation needs for students commuting between South Dakota and Minnesota.
For any student attending a school pursuant to § 13-15-21, student transportation shall be negotiated between the districts of residence and attendance with consideration to differing transportation needs any payment thereof shall be negotiated. Transportation options may include bus service to and from the district boundary or a designated location, or bus service to and from the student's home.
Source: SL 1992, ch 123, § 3.
13-15-24. Resident school district responsible for tuition of student enrolled in Minnesota school.
For any student who is enrolled in a Minnesota school district pursuant to § 13-15-21.1, the resident district school is responsible for the payment of tuition to the receiving school district.
Source: SL 1995, ch 95, § 1.
13-15-25. Agreement with nonprofit organization to provide for children's recreation--Funding.
The school board of a school district may enter into an agreement or contract with a nonprofit organization to provide for the recreation of the children who reside within the school district and to provide for the construction, operation, and maintenance of any recreational facility for the school district and the nonprofit organization upon terms and conditions as may be mutually agreed. The nonprofit organization shall be an exempt organization under section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. If a school district incurs any indebtedness through an agreement or contract with a nonprofit organization pursuant to this section, the school district shall comply with any requirement concerning indebtedness of a school district including public notification or bond election.
Source: SL 1998, ch 90, § 1.
13-15-26. Certain agreements forbidden.
No school district may enter into contractual agreements pursuant to § 13-15-1.3 or 13-15-11 after July 1, 1998.
Source: SL 1998, ch 89, § 2.
13-15-27. Agreements exempt from § 13-15-26.
Any school district that has entered into contractual agreements pursuant to § 13-15-1.3 or 13-15-11 on or before July 1, 1997, is not subject to the provisions of § 13-15-26.
Source: SL 1998, ch 89, § 3.
13-15-28. Reorganization of district based on number of students--Exception for district within reservation boundaries.
Any school district that enters into contractual agreements pursuant to § 13-15-11 and sends over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining school district or districts located in South Dakota shall reorganize the school district pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this section, the number of students attending adjoining districts shall be based on fall enrollment as defined in § 13-13-10.1. This section does not apply to a school district located wholly within the boundaries of an Indian reservation.
Source: SL 1998, ch 89, § 5; SL 1999, ch 85, § 1; SL 2000, ch 84, § 7; SL 2007, ch 93, § 16.
13-15-29. Student enrolling in nonresident district remains financial obligation of resident district.
Notwithstanding the provisions of § 13-28-40, any student who enrolls in another school district pursuant to the provisions contained in § 13-28-40 to 13-28-47, inclusive, in a grade for which the student's resident district contracts for services pursuant to § 13-15-1.3 or 13-15-11 remains the financial obligation of the resident district.
Source: SL 2000, ch 82, § 2.
13-15-30. Agreements for whole-grade sharing of students--Conditions.
Notwithstanding the provisions of § 13-5-1, the school board of any school district may enter into an agreement or contract with one or more school boards of other school districts to provide for the whole-grade sharing of students among the participating school districts if:
(1) The school district offers an instructional program within the boundaries of the school district; and
(2) The school district meets the minimum fall enrollment requirements pursuant to § 13-6-97.
For purposes of §§ 13-15-30 to 13-15-32, inclusive, whole-grade sharing is a sharing arrangement for students among participating school districts that allows the resident students at any one or more grade levels within one school district to attend school in one or more of the other participating school districts. The whole-grade sharing may be one-way whereby a participating school district sends all of its students at one or more grade levels to attend school in one or more of the other participating school districts without receiving any students in return.
The whole-grade sharing may also be two-way whereby a school district sends all of its students at one or more grade levels to attend school in one or more of the other participating school districts, and in return receives students at one or more grade levels from one or more of the other participating school districts.
Source: SL 2009, ch 81, § 1.
13-15-31. Approval and adoption of agreements for whole-grade sharing of students--Term--Termination--Requirements.
Any agreement or contract entered into pursuant to § 13-15-30 shall be approved by the secretary of education and shall remain in effect for a period of at least three years. It shall provide for the sharing of governance among the participating school districts. The school board of each participating school district shall adopt the contract or agreement no later than February first of the school year preceding the school year for which the agreement will take effect. The contract or agreement may be terminated by any participating school district if that school district provides written notice to the other participating school districts at least eighteen months prior to the termination.
The contract or agreement shall adhere to the following provisions:
(1) Students at one grade level within a school district are only eligible to attend school in another participating school district if all the students at that particular grade level within the school district are sent to another participating school district. The school boards of the participating school districts shall determine which students and which facilities will be shared under the terms of the agreement;
(2) The participating school districts may negotiate the rate of tuition that will be charged for any student sent to attend school in another participating school district. However, the rate of tuition per year may not be less than the per student allocation as defined in § 13-13-10.1 for that school fiscal year;
(3) The fall enrollment as defined in § 13-13-10.1 for each participating school district shall include any students that the school district sends to another participating school district to attend school, and may not include any students that are sent to the school district to attend school from other participating school districts;
(4) For the purposes of determining adequate yearly progress under the state's accountability system established in § 13-3-62, and calculating the graduation rates, any student sent to another participating school district to attend school shall be counted in the receiving school district; and
(5) For the purposes of state aid for special education, the school residence of any student in need of special education or special education and related services who is sent to a participating school district to attend school remains with the sending school district. However, both the sending and the receiving school districts shall agree upon the student's individualized education program.
Source: SL 2009, ch 81, § 2.
