CHAPTER 13-3
DUTIES OF SECRETARY OF EDUCATION
13-3-1 13-3-1. Repealed by SL 1971, ch 99, § 10
13-3-1.2 13-3-1.2. Repealed by SL 1995, ch 87, § 2
13-3-1.4 General supervision of accredited elementary and secondary schools.
13-3-2 13-3-2 to 13-3-14. Repealed by SL 1971, ch 99, § 10
13-3-15 13-3-15. Repealed by SL 1973, ch 85, § 43
13-3-16 13-3-16 to 13-3-18. Repealed by SL 1971, ch 99, § 10
13-3-19 13-3-19. Repealed by SL 1970, ch 96, § 6
13-3-20 13-3-20 to 13-3-22. Repealed by SL 1971, ch 99, § 10
13-3-23 13-3-23. Repealed by SL 1975, ch 128, § 377
13-3-24 Repealed by SL 2012, ch 87, § 1.
13-3-25 13-3-25, 13-3-26. Repealed by SL 1994, ch 111, §§ 1, 2
13-3-27 13-3-27. Repealed by SL 1975, ch 128, § 377
13-3-28 13-3-28. Repealed by SL 1971, ch 99, § 10
13-3-29 13-3-29. Repealed by SL 1970, ch 96, § 6
13-3-30 13-3-30, 13-3-31. Repealed by SL 1971, ch 99, § 10
13-3-32 13-3-32. Repealed by SL 1975, ch 128, § 377
13-3-33 13-3-33 to 13-3-41. Repealed by SL 1971, ch 99, § 10
13-3-42 13-3-42, 13-3-43. Repealed by SL 1975, ch 128, § 377
13-3-44 13-3-44. Repealed by SL 1975, ch 128, § 378
13-3-45 13-3-45. Repealed by SL 1995, ch 87, § 3
13-3-47 Classification and accreditation of schools.
13-3-48 Standards revision cycle--Content standards.
13-3-48.1 Adoption of uniform content standards drafted by multistate consortium.
13-3-49 13-3-49. Repealed by SL 1995, ch 87, § 5
13-3-50 13-3-50. Repealed by SL 1995, ch 88, § 1
13-3-51 Data reporting and record systems--Evaluation--Promulgation of rules--Exception.
13-3-51.1 Definitions regarding privacy of records.
13-3-51.2 Information not subject to survey, analysis, or evaluation without consent.
13-3-51.3 Prohibition against reporting personally identifiable information--Exception.
13-3-51.4 Department to develop security measures to protect personally identifiable information.
13-3-51.5 Disclosure of aggregate data otherwise allowed.
13-3-51.6 Disclosure of aggregate data necessary for impact aid.
13-3-52 13-3-52, 13-3-53. Repealed by SL 1995, ch 87, §§ 6, 7
13-3-54 13-3-54. Repealed by SL 1982, ch 16, § 15
13-3-55 Academic achievement tests.
13-3-55.1 13-3-55.1. Repealed by SL 2009, ch 71, § 1.
13-3-55.2 Parental inspection and review of academic achievement test assessment.
13-3-56 Test scores part of permanent record--Release of scores.
13-3-56.1 Cheating on academic achievement test--Investigation.
13-3-56.2 Report of investigation--Consequences of a determination of cheating.
13-3-57 13-3-57. Repealed by SL 1998, ch 186, § 1
13-3-58 13-3-58. Repealed by SL 2007, ch 86, § 1.
13-3-59 13-3-59. Repealed by SL 2007, ch 87, § 1.
13-3-60 Department to analyze demographics of public education workforce.
13-3-61 Biennial assessment to comply with federal law--Timing.
13-3-62 State accountability system established.
13-3-63 State accountability system based on standards approved by board--Annual academic indicators.
13-3-64 Comparison of students to state's proficient level of academic achievement--Continuous and substantial academic improvement.
13-3-65 Annual determination of each school's progress.
13-3-66 Achievement standards established.
13-3-67 Interventions--Ranking.
13-3-68 Department of Education to implement and administer state accountability system.
13-3-69 Promulgation of rules to establish state accountability system.
13-3-70 13-3-70 to 13-3-72. Repealed by SL 2007, ch 88, §§ 1 to 3.
13-3-73 13-3-73 to 13-3-75. Repealed by SL 2015, ch 82, §§ 2 to 7.
13-3-76 13-3-76 to 13-3-83. Repealed by SL 2017, ch 74, §§ 5 to 12.
13-3-83.1 13-3-83.1. Repealed by SL 2015, ch 82, § 8.
13-3-84 Partially enrolled student required to take academic achievement test.
13-3-85 Repealed by SL 2012, ch 87, §§ 2 to 5.
13-3-89 Public hearings prior to adoption of content standards--Quorum.
13-3-90 Notice of intent to receive public comment and testimony--Notice of hearings.
13-3-91 Cardiopulmonary resuscitation skills to be included in school curriculum.
13-3-92 Cardiopulmonary resuscitation training resources.
13-3-93 Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature.
13-3-94 Programs that may be used for cardiopulmonary resuscitation instruction.
13-3-95 CPR and AED instructors.
13-3-96 Annual survey of schools.
13-3-97 Waivers that affect school accountability.
13-3-1.4. General supervision of accredited elementary and secondary schools.
Subject to policies established by the South Dakota Board of Education Standards, the secretary of the Department of Education has general supervision over all accredited elementary and secondary schools in the state, including adult education, kindergarten, preschool, and summer schools.
Source: SDC 1939, § 15.0902; SL 1955, ch 41, ch 2, §§ 1, 5; SL 1957, ch 52, § 1; SDC Supp 1960, §§ 15.0901, 15.0905 (16); SDCL §§ 13-1-25, 13-1-40; SL 1975, ch 128, § 9; SL 1996, ch 8, § 27; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 53.
13-3-24. Repealed by SL 2012, ch 87, § 1.
13-3-47. Classification and accreditation of schools.
The secretary of the Department of Education shall be responsible for the classification and accreditation of all public and nonpublic schools under the rules established by the South Dakota Board of Education Standards pursuant to chapter 1-26.
Source: SDC 1939, § 15.0904 (2); SL 1955, ch 41, ch 2, § 5; SDC Supp 1960, § 15.0905 (7), (15); SDCL §§ 13-1-26, 13-1-27; SL 1975, ch 128, § 13; SL 1988, ch 134, § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
13-3-48. Standards revision cycle--Content standards.
The secretary of the Department of Education shall prepare and submit for approval of the South Dakota Board of Education Standards a standards revision cycle and content standards for kindergarten through grade twelve.
Source: SDC 1939, § 15.0903 (3); SL 1955, ch 41, ch 1, § 3; SL 1955, ch 41, ch 2, § 5 subd 15; SDC Supp 1960, §§ 15.0803 (8), 15.0905 (14); SDCL § 13-1-28; SL 1974, ch 123, § 1; SL 1975, ch 128, § 14; SL 1995, ch 87, § 4; SL 1997, ch 84, § 1; SL 1998, ch 83, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2004, ch 128, § 3; SL 2012, ch 88, § 1; SL 2017, ch 81, § 57.
13-3-48.1. Adoption of uniform content standards drafted by multistate consortium.
Prior to July 1, 2016, the Board of Education may not, pursuant to § 13-3-48, adopt any uniform content standards drafted by a multistate consortium which are intended for adoption in two or more states. However, this section does not apply to content standards whose adoption by the Board of Education was completed and finalized prior to July 1, 2014. However, nothing in this section prohibits the board from adopting standards drafted by South Dakota educators and professionals which reference uniform content standards, provided that the board has conducted at least four public hearings in regard to those standards.
Source: SL 2014, ch 75, § 1.
13-3-51. Data reporting and record systems--Evaluation--Promulgation of rules--Exception.
The secretary of the Department of Education shall establish a uniform system for the gathering and reporting of educational data for the keeping of adequate educational and financial records and for the evaluation of educational progress. Any school district or school seeking state accreditation shall submit enrollment data, personnel data, and shall verify all state and federal standards for accreditation and approval of schools, including those related to safety and educational equity of the school district or school by October fifteenth of each year. If the due date falls on a weekend or state holiday, the due date is the next business day following the scheduled due date. An annual written evaluation of the educational progress in the state and in each school district shall be submitted to the Legislature and shall be made available in each school district to the general public. The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to further define the data required pursuant to this section. However, nothing in this section authorizes the collection of information not necessary for the calculation of funding for public education, the determination of student academic progress, state and federal reporting requirements, or other duties prescribed to a school district, the department, or the South Dakota Board of Education Standards by law.
Source: SDC 1939, § 15.0904 (12); SL 1955, ch 41, ch 1, § 3; SL 1957, ch 52, § 4; SDC Supp 1960, § 15.0905 (19); SDCL § 13-1-13; SL 1975, ch 128, § 17; SL 1997, ch 84, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 83, § 1; SL 2012, ch 88, § 2; SL 2014, ch 76, § 2; SL 2017, ch 81, § 57.
13-3-51.1. Definitions regarding privacy of records.
Terms used in §§ 13-3-51.1 to 13-3-51.6, inclusive, mean:
(1) "Aggregate data," information from education records in which all personally identifiable information has been removed;
(2) "Department," the South Dakota Department of Education;
(3) "Disclosure," "education records," and "personally identifiable information," as defined in 34 C.F.R. § 99.3, as amended to January 1, 2014;
(4) "Privacy protection laws," the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g), the Protection of Pupil Rights Amendment (20 U.S.C. 1232h), the Individuals with Disabilities Education Act (20 U.S.C. 1401 et seq.), and any other state or federal law relating to the confidentiality and protection of personally identifiable information, as amended to January 1, 2014.
Source: SL 2014, ch 76, § 1.
13-3-51.2. Information not subject to survey, analysis, or evaluation without consent.
No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning:
(1) Political affiliations or beliefs of the student or the student's parent;
(2) Mental or psychological problems or aspects of the student or the student's family;
(3) Sex behavior or attitudes of the student or the student's family;
(4) Illegal, anti-social, self-incriminating, or demeaning behavior;
(5) Critical appraisals of other individuals with whom respondents have close family relationships;
(6) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7) Religious practices, affiliations, or beliefs of the student or student's parent;
(8) Personal or family gun ownership; or
(9) Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);
without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. The list of information in subdivisions (1) to (9), inclusive, is not an exclusive list. The secretary of the Department of Education may add to the list of information in subdivisions (1) to (9), inclusive, other data, facts, or information that is of a similar nature that a student may not be required to disclose.
The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.
Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. § 1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.
Source: SL 2014, ch 76, § 3.
13-3-51.3. Prohibition against reporting personally identifiable information--Exception.
The department may not, as part of any reporting requirement tied to federal funds, report personally identifiable information from education records to the United States Department of Education. However, this section does not apply to information required to be reported pursuant to 20 U.S.C. § 6398 to improve programs for migrant students.
Source: SL 2014, ch 76, § 4.
13-3-51.4. Department to develop security measures to protect personally identifiable information.
Personally identifiable information is confidential and is not a public record, and the department shall develop security measures and procedures intended to protect personally identifiable information from release to unauthorized persons or for unauthorized purposes. Any collection, maintenance, or disclosure of education records by the department shall comply with privacy protection laws in all respects.
Source: SL 2014, ch 76, § 5.
13-3-51.5. Disclosure of aggregate data otherwise allowed.
Nothing in §§ 13-3-51 to 13-3-51.6, inclusive, prohibits the disclosure of aggregate data if otherwise allowed by privacy protection laws.
Source: SL 2014, ch 76, § 6.
13-3-51.6. Disclosure of aggregate data necessary for impact aid.
Nothing in §§ 13-3-51 to 13-3-51.5, inclusive, prohibits the disclosure of aggregate data necessary to make an application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act.
Source: SL 2014, ch 76, § 7.
13-3-55. Academic achievement tests.
Every public school district shall annually administer the same assessment to all students in grades three to eight, inclusive, and in grade eleven. The assessment shall measure the academic progress of each student. Every public school district shall annually administer to all students in at least two grade levels an achievement test to assess writing skills. The assessment instruments shall be provided by the Department of Education, and the department shall determine the two grade levels to be tested. The tests shall be administered within timelines established by the Department of Education by rules promulgated pursuant to chapter 1-26 starting in the spring of the 2002-2003 school year. Each state-designed test shall be correlated with the state's content standards. The South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to provide for administration of all assessments.
Source: SL 1997, ch 84, § 3; SL 2001, ch 70, § 1; SL 2003, ch 91, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2007, ch 84, § 1; SL 2017, ch 81, § 57.
13-3-55.2. Parental inspection and review of academic achievement test assessment.
The parent of a student to whom an assessment is administered pursuant to § 13-3-55 or the eligible student may request to inspect and review the assessment of the student after it is scored and the results are provided to the parent or eligible student. The parent or eligible student shall be provided with access to the assessment in a secured environment within a reasonable period of time, but not more than forty-five days after the request is received. The department, through its website, shall provide parents and school districts with information regarding the process and procedures for the inspection and review authorized in this section.
For the purposes of this section, the term, parent, and the term, eligible student, are as defined in 34 C.F.R. § 99.3, as of January 1, 2016.
Source: SL 2016, ch 81, § 1.
13-3-56. Test scores part of permanent record--Release of scores.
A student's individual academic achievement test scores shall be made part of the student's permanent record and provided by the local district to parents or guardian of each student or, in the case of an emancipated student, to the student. Further release or use of a student's individual test scores is governed by the federal Family Educational Rights and Privacy Act (FERPA), as implemented in 34 CFR part 99, and may only occur with written permission from the student's parent or guardian or, in the case of an emancipated student, from the student.
Source: SL 1997, ch 84, § 4.
13-3-56.1. Cheating on academic achievement test--Investigation.
If the superintendent of a school district has sufficient evidence that cheating occurred on a state-required academic achievement test, the superintendent of the school district shall investigate the circumstances. For the purposes of this section, cheating is the unauthorized acquiring of knowledge of the achievement test by a student or providing unauthorized access to secure test questions or tampering or altering of student answer sheets by school district personnel.
Source: SL 2007, ch 85, § 1.
13-3-56.2. Report of investigation--Consequences of a determination of cheating.
Following the investigation, the superintendent shall report the results of the investigation to the secretary of the Department of Education. Upon receiving the report, the secretary shall determine whether the alleged cheating occurred and, if so, if it was severe enough to affect the results of the achievement test. If the secretary finds that the cheating did occur, the affected score sheets may not count and shall be discarded. The secretary shall also determine if the cheating was severe enough to affect the school's adequate yearly progress under the terms of the state accountability system established pursuant to § 13-3-62. If the cheating was severe enough to affect the school's adequate yearly progress, the secretary may determine that the school does not meet adequate yearly progress for that school year. The decision of the secretary regarding adequate yearly progress may be appealed to the South Dakota Board of Education Standards.
Source: SL 2007, ch 85, § 2; SL 2017, ch 81, § 57.
13-3-60. Department to analyze demographics of public education workforce.
The Department of Education shall research and analyze the demographics of South Dakota's public education workforce, with an emphasis on the geographic distribution of K-12 teachers, their years of experience, years until retirement, and their areas of educational expertise. The department shall also research and analyze teacher vacancies by geographic location, areas of expertise, and compensation level.
Source: SL 2000, ch 75, § 3; SL 2003, ch 272, § 63.
13-3-61. Biennial assessment to comply with federal law--Timing.
Each public school selected to participate in the biennial national assessment of educational progress shall do so pursuant to 20 U.S.C. § 6311(c)(2) as in effect on January 1, 2003.
Source: SL 2003, ch 89, § 1.
13-3-62. State accountability system established.
A single, statewide state accountability system is established. The system shall hold public schools accountable for the academic achievement of their students and shall ensure that all public schools make yearly progress in continuously and substantially improving the academic achievement of their students.
Source: SL 2003, ch 90, § 1; SL 2012, ch 89, § 1.
13-3-63. State accountability system based on standards approved by board--Annual academic indicators.
The state accountability system shall be based on the South Dakota Content Standards in reading and mathematics approved by the South Dakota Board of Education Standards. The yearly progress of students shall be measured by the state academic assessments as may be prescribed by the Legislature, and shall take into account the achievement of all public elementary school and secondary school students in reading and mathematics annually. Additional indicators established pursuant to § 13-3-69 shall be used in the measurement of yearly progress.
Source: SL 2003, ch 90, § 2; SL 2012, ch 89, § 2; SL 2017, ch 81, § 57.
13-3-64. Comparison of students to state's proficient level of academic achievement--Continuous and substantial academic improvement.
The state accountability system shall measure whether all students meet or exceed the state's proficient level of academic achievement. Multiple indicators shall be established to indicate continuous and substantial academic improvement of the achievement of all public school students as well as sub-groups of public school students, including economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and students with limited English proficiency.
Source: SL 2003, ch 90, § 3; SL 2012, ch 89, § 3.
13-3-65. Annual determination of each school's progress.
The state accountability system shall determine annually the progress of each public school, including the annual progress of sub-groups of students, using annual assessment data and data from additional academic indicators.
Source: SL 2003, ch 90, § 4; SL 2012, ch 89, § 4.
13-3-66. Achievement standards established.
Four levels of academic achievement shall be defined, including a proficient level, and shall be known as South Dakota's achievement standards. The four levels shall be used to categorize public schools and public school districts based on the comparison of their achievement levels in mathematics and reading to the state's annual objectives.
Source: SL 2003, ch 90, § 5.
13-3-67. Interventions--Ranking.
The state accountability system shall include interventions for schools in the form of sanctions, rewards, and recognition. The interventions shall be based on the school's ranking on the state's achievement standards and additional indicators.
Source: SL 2003, ch 90, § 6; SL 2012, ch 89, § 5.
13-3-68. Department of Education to implement and administer state accountability system.
The state accountability system will be implemented and administered by the Department of Education.
Source: SL 2003, ch 90, § 7; SL 2003, ch 272, § 63.
13-3-69. Promulgation of rules to establish state accountability system.
The South Dakota Board of Education Standards may promulgate administrative rules pursuant to chapter 1-26 to establish the state accountability system based on achievement and other indicators including:
(1) A definition of academic progress;
(2) The method of calculating yearly progress in mathematics and reading for all public schools, including methods for determining both the status and growth;
(3) A definition of four levels of student achievement, including a proficient level;
(4) Determination of cut scores in mathematics and reading for each level of student achievement;
(5) Establishment of the measurable objectives for academic progress;
(6) Establishment of a system of sanctions, rewards, and recognition;
(7) Establishment of the process for teacher and principal evaluation;
(8) Determination of the criteria to demonstrate student preparedness for college and career for each public high school;
(9) Determination of the method for calculating the attendance rate for each public elementary and middle school;
(10) Establishment of an appeal process for public schools; and
(11) Establishment of a process whereby the state accountability system will be periodically reviewed.
Source: SL 2003, ch 90, § 8; SL 2012, ch 89, § 6; SL 2017, ch 81, § 57.
13-3-84. Partially enrolled student required to take academic achievement test.
If a student is partially enrolled in a school district pursuant to § 13-28-41 or 13-28-51, and the student's enrollment is equal to or greater than fifty percent, that student is required to take any academic achievement test administered by the school district pursuant to § 13-3-55. If a student's partial enrollment in a school district is less than fifty percent, the student is not required to take any academic achievement test administered by the school district pursuant to § 13-3-55.
Source: SL 2007, ch 101, § 4.
13-3-85 to 13-3-88. Repealed by SL 2012, ch 87, §§ 2 to 5.
13-3-89. Public hearings prior to adoption of content standards--Quorum.
The Board of Education Standards, prior to adopting content standards pursuant to § 13-3-48, shall conduct, over a period of no less than six months, at least four public hearings. The purpose of the hearings is to give members of the public the opportunity to provide input to the board on whether the standards being proposed should be adopted and implemented in South Dakota. The board shall conduct at least one of the public hearings in each of the following cities: Aberdeen, Pierre, Rapid City, and Sioux Falls. No public hearing required pursuant to this section is valid unless a quorum of the board is physically present at each of these public hearings.
Source: SL 2012, ch 90, § 1; SL 2014, ch 75, § 2; SL 2017, ch 81, § 57.
13-3-90. Notice of intent to receive public comment and testimony--Notice of hearings.
In addition to complying with the requirements of chapter 1-25, the Board of Education Standards shall, at least thirty days prior to each public hearing, publish notice of the intent to receive public comment and testimony concerning the adoption and implementation of content standards in at least three newspapers of general circulation in different parts of the state, post the notice on the board's website, and provide the notice, via United States mail or e-mail, to each person who has, in writing, via United States mail or e-mail, requested notice of the hearings referenced in § 13-3-89.
Source: SL 2014, ch 75, § 3; SL 2017, ch 81, § 57.
13-3-91. Cardiopulmonary resuscitation skills to be included in school curriculum.
The secretary of education shall identify cardiopulmonary resuscitation (CPR) skills that all schools shall include within required school curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators.
Source: SL 2014, ch 79, § 1; SL 2017, ch 75, § 1.
13-3-92. Cardiopulmonary resuscitation training resources.
Any training resources the secretary of education recommends pursuant to § 13-3-91 shall be nationally recognized, use the most current national guidelines for CPR and emergency cardiovascular care, and incorporate psychomotor skills development into the instruction.
Source: SL 2014, ch 79, § 2.
13-3-93. Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature.
The secretary of education shall electronically survey school districts regarding whether, and to what extent, the instruction of cardiopulmonary resuscitation and the use of automated external defibrillators is offered. The survey must gather data regarding what grades, for what period of time, and in connection with what course of instruction, if any, the training is offered. The secretary shall submit a report of the results of this data collection to the Senate and House standing committees on education and health and human services no later than December 1 of each year.
Source: SL 2014, ch 79, § 3.
13-3-94. Programs that may be used for cardiopulmonary resuscitation instruction.
To provide the instruction required in § 13-3-91, the school board or governing body shall use either of the following:
(1) An instructional program developed by the American Heart Association or the American Red Cross; or
(2) An instructional program that is nationally recognized and based on the most current American Heart Association guidelines for CPR and emergency cardiovascular care.
The psychomotor skills necessary to perform hands-only CPR and awareness in the use of an AED shall be incorporated into the instruction.
For the purposes of this section, the term, psychomotor skills, means the use of hands-on practicing to support cognitive learning.
Source: SL 2017, ch 75, § 2.
13-3-95. CPR and AED instructors.
A certified teacher is not required to be an authorized CPR or AED instructor to facilitate, provide, or oversee the instruction required in § 13-3-94. However, any CPR course that results in the students earning a CPR course completion card shall be taught by an authorized CPR or AED instructor.
Source: SL 2017, ch 75, § 3.
13-3-96. Annual survey of schools.
The Department of Education shall annually conduct a survey of each applicable school to determine compliance with the requirements of §§ 13-3-91, 13-3-94, and 13-3-95.
Source: SL 2017, ch 75, § 4.
13-3-97. Waivers that affect school accountability.
If United States Department of Education waivers that affect school accountability calculations are in place due to a nationally declared emergency, the secretary of education may waive compliance with §§ 13-3-55 and 13-3-62 to 13-3-65, inclusive, through December 31, 2024.
Source: SL 2021, ch 71, § 1.
