CHAPTER 13-33
CURRICULUM AND COURSES OF INSTRUCTION
13-33-1 Conformity to standards adopted by state board.
13-33-2 13-33-2. Repealed by SL 1975, ch 128, § 378
13-33-3 Adult education, summer school, kindergarten, and nursery schools.
13-33-4 Instruction on United States and state Constitutions required--Years when given.
13-33-5 13-33-5, 13-33-6. Repealed by SL 1995, ch 87, §§ 45, 46
13-33-6.1 Character development instruction.
13-33-7 13-33-7. Repealed by SL 1977, ch 133
13-33-7.1 13-33-7.1, 13-33-7.2. Repealed by SL 1975, ch 128, § 377
13-33-8 13-33-8. Repealed by SL 1995, ch 87, § 47
13-33-9 Sectarian doctrine prohibited in public schools.
13-33-10 Released time for religious instruction.
13-33-11 Instruction to promote mastery of English language.
13-33-12 13-33-12, 13-33-13. Repealed by SL 1995, ch 87, §§ 48, 49
13-33-14 13-33-14, 13-33-15. Repealed by SL 1995, ch 94, §§ 26, 27
13-33-16 13-33-16. Repealed by SL 2005, ch 103, § 1.
13-33-17 American sign language recognized--Authorized in high school and colleges--Encouraged in elementary schools.
13-33-18 13-33-18. Repealed by SL 1995, ch 87, § 50
13-33-19 Recommended high school program and basic high school program--Enrollment and completion requirements.
13-33-20 Distance learning defined.
13-33-21 Certificate authorizing distance learning provider to provide courses required.
13-33-22 Promulgation of rules relating to distance learning certificate.
13-33-23 Promulgation of rules establishing priorities and eligibility for distance learning courses.
13-33-23.1 Distance learning--Children of transferred military personnel--Eligibility.
13-33-24 South Dakota virtual school created.
13-33-25 South Dakota Virtual School Advisory Council established.
13-33-26 Council membership.
13-33-27 Council terms--Vacancies.
13-33-28 Promulgation of rules concerning virtual school.
13-33-29 Granting of credit for distance learning courses not offered by South Dakota Virtual School prohibited--Exceptions.
13-33-30 Accredited schools required to accept transfer credits for courses taken from other accredited schools outside regular school term--Conditions.
13-33-1. Conformity to standards adopted by state board.
All the public schools in the state shall provide instruction in substantial conformity to the accreditation standards adopted by the South Dakota Board of Education Standards.
Source: SDC 1939, § 15.3101; SL 1955, ch 41, ch 14, § 1; SL 1974, ch 123, § 2; SL 1975, ch 128, § 212; SL 2017, ch 81, § 57.
13-33-3. Adult education, summer school, kindergarten, and nursery schools.
The school board of any school district may maintain as a part of the public schools adult education courses, summer schools, kindergartens, and nurseries under the rules adopted by the South Dakota Board of Education Standards.
Source: SDC 1939, §§ 15.2523 (6), 15.3603; SL 1939, ch 44, § 1; SL 1949, ch 54, § 1; SL 1955, ch 41, ch 12, § 12; SDC Supp 1960, § 15.3012; SL 1975, ch 128, § 213; SL 2017, ch 81, § 57.
13-33-4. Instruction on United States and state Constitutions required--Years when given.
In all public and nonpublic schools located within the state there shall be given regular courses of instruction in the Constitutions of the United States and the State of South Dakota. Such instruction shall begin not later than the opening of the eighth grade and shall continue in the high school to an extent to be determined by the South Dakota Board of Education Standards.
Source: SDC 1939, § 15.3104; SL 1955, ch 41, ch 14, § 4; SL 1975, ch 128, § 214; SL 2017, ch 81, § 57.
13-33-6.1. Character development instruction.
Unless the governing body elects, by resolution, effective for not less than one or more than four school terms, to do otherwise, character development instruction shall be given in all public and nonpublic elementary and secondary schools in the state to impress upon the minds of the students the importance of citizenship, patriotism, honesty, self discipline, self respect, sexual abstinence, respect for the contributions of minority and ethnic groups to the heritage of South Dakota, regard for the elderly, and respect for authority.
Source: SL 1997, ch 100, § 1.
13-33-9. Sectarian doctrine prohibited in public schools.
No sectarian doctrine may be taught or inculcated in any of the public schools of the state.
Source: SDC 1939, § 15.3103; SL 1955, ch 41, ch 14, § 3.
13-33-10. Released time for religious instruction.
A child may, on application of his parent or guardian, be excused from school for one hour per week for the purpose of taking and receiving religious instruction conducted by some church or association of churches. The school board shall decide at what hour pupils may be excused. No such instruction may be given in whole or in part at public expense. The school board may allow the student to accumulate up to four hours of excused leave time to be taken consecutively on any one day or two hours to be taken on any two days.
Source: SDC 1939, § 15.3202 (6); SL 1955, ch 41, ch 15, § 2; SDC Supp 1960, § 15.3202 (5); SL 1975, ch 128, § 219; SL 1978, ch 117.
13-33-11. Instruction to promote mastery of English language.
Instruction in any school shall be such that it promotes a mastery of the English language in oral and written communications.
Source: SDC 1939, §§ 15.9913, 15.9914; SL 1955, ch 41, ch 17, § 13; SDC Supp 1960, § 15.9913; SL 1971, ch 120; SL 1975, ch 128, § 220.
13-33-17. American sign language recognized--Authorized in high school and colleges--Encouraged in elementary schools.
American sign language is hereby recognized as a language. Any high school may offer American sign language as a for-credit elective pursuant to rules adopted by the South Dakota Board of Education Standards. The teaching of American sign language is encouraged at the elementary level.
Source: SL 1991, ch 148, §§ 1-3; SL 2017, ch 81, § 57.
13-33-19. Recommended high school program and basic high school program--Enrollment and completion requirements.
For students entering the ninth grade in the 2006-2007 school year and thereafter, a school district shall require that each student enrolls in courses of instruction necessary to complete the recommended high school program established by the South Dakota Board of Education Standards pursuant to § 13-1-12.1. However, a student entering the ninth grade in the 2006-2007, 2007-2008, 2008-2009, or 2009-2010 school years may be excused from taking courses of instruction necessary to complete the recommended high school program if the student's parent or guardian and a school counselor or school administrator agree that the student should instead take courses of instruction necessary to complete the basic high school program also established by the board pursuant to § 13-1-12.1.
Any student who is seeking eligibility in the South Dakota scholarship program established in § 13-55-30 and is therefore adhering to the high school course requirements as provided in Board of Regents Policy Number 2:3(2)(F) as in effect on January 1, 2003, meets the requirements of this section.
Source: SL 2004, ch 121, § 2; SL 2009, ch 86, § 1; SL 2017, ch 81, § 57.
13-33-20. Distance learning defined.
For purposes of §§ 13-33-20 to 13-33-23, inclusive, distance learning is the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place.
Source: SL 2005, ch 104, § 1.
13-33-21. Certificate authorizing distance learning provider to provide courses required.
No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the distance learning provider to provide the courses.
Source: SL 2005, ch 104, § 2.
13-33-22. Promulgation of rules relating to distance learning certificate.
The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 defining a distance learning provider, and establishing the requirements and criteria that an applying provider must meet in order to be issued a distance learning certificate by the secretary of the Department of Education. The rules shall specify the duration and the method of renewal, the amount of the fee, not to exceed one hundred dollars, for issuing a certificate, the application procedures for a certificate, the requirements for certification, and other procedures necessary for the administration of distance learning certification.
Source: SL 2005, ch 104, § 3, Mar. 7, 2005; SL 2017, ch 81, § 57.
13-33-23. Promulgation of rules establishing priorities and eligibility for distance learning courses.
The board shall also promulgate rules pursuant to chapter 1-26 establishing priorities and eligibility for distance learning courses.
Source: SL 2005, ch 104, § 4.
13-33-23.1. Distance learning--Children of transferred military personnel--Eligibility.
If the parent or guardian of a child is ordered to transfer to a military installation in this state pursuant to a military order, the child is eligible, upon issuance of the order, to be registered and enrolled with a state-approved distance learning provider by the school district in which the parent or guardian will reside.
Source: SL 2021, ch 77, § 1.
13-33-24. South Dakota virtual school created.
There is created the South Dakota virtual school. The South Dakota virtual school shall be under the control of the Department of Education. The South Dakota virtual school shall provide choice accessibility, flexibility, quality, and equity in curricular offerings for students in the state.
Source: SL 2006, ch 83, § 1; SL 2008, ch 82, § 1.
13-33-25. South Dakota Virtual School Advisory Council established.
The South Dakota Virtual School Advisory Council is established. The council shall advise the Department of Education, the South Dakota Board of Education Standards, education-related organizations, and other education groups on issues related to distance learning. The council shall meet quarterly with the Department of Education to discuss, develop, and make recommendations for the promulgation of rules concerning policies that affect distance delivery.
Source: SL 2006, ch 83, § 2; SL 2008, ch 82, § 2; SL 2017, ch 81, § 57.
13-33-26. Council membership.
The council shall consist of seven members appointed by the secretary of education with broadly based representation from entities involved in virtual education efforts statewide.
Source: SL 2006, ch 83, § 3.
13-33-27. Council terms--Vacancies.
Members of the council shall be appointed for two-year terms, except that four of the members of the initial council shall be appointed to two-year terms, and three of the members of the initial council shall be appointed for one year. All subsequent appointments shall be for terms of two years. Any vacancy on the council that occurs before the incumbent's term has expired shall be filled by appointment to serve the remainder of the unexpired term. The number of terms that a council member may serve is not limited.
Source: SL 2006, ch 83, § 4.
13-33-28. Promulgation of rules concerning virtual school.
The Department of Education may promulgate rules pursuant to chapter 1-26 to coordinate course offerings by the South Dakota virtual school, to award course credits earned by students taking classes from the South Dakota virtual school, and to establish criteria for school districts to participate in the South Dakota virtual school.
Source: SL 2006, ch 83, § 5; SL 2008, ch 82, § 3.
13-33-29. Granting of credit for distance learning courses not offered by South Dakota Virtual School prohibited--Exceptions.
No school district may grant credit for any course successfully completed through distance learning as defined in § 13-33-20 unless the course is offered through the South Dakota Virtual School.
However, a school district may grant credit for a distance learning course offered through an entity other than the South Dakota Virtual School if any of the following conditions apply:
(1) The course is provided through an agreement among accredited school districts;
(2) The course is a university or technical college course taken by a student who is dually enrolled pursuant to the provisions of § 13-28-37;
(3) The course was previously taken through an accredited high school or other accredited provider by a student who subsequently transferred into the school district; or
(4) The course is not available through the South Dakota Virtual School and is pre-approved by the secretary of education.
Source: SL 2007, ch 104, § 1; SL 2008, ch 82, § 4; SL 2014, ch 86, § 2; SL 2020, ch 61, § 43.
13-33-30. Accredited schools required to accept transfer credits for courses taken from other accredited schools outside regular school term--Conditions.
Any school accredited by the Department of Education shall accept transfer credits earned by a student for any course taken by the student from another school accredited by the Department of Education outside the regular school term as established pursuant to § 13-26-2. However, an accredited school is only required to accept the transfer credits if the student notifies a school administrator of the credits sought prior to taking the course. If the student fails to provide the advance notice, the school may refuse to accept the credits.
Each school district shall establish a policy for accepting transfer credits pursuant to this section. If upon review of the coursework for which transfer credit is sought, a school determines that the course rigor is not sufficient to meet the graduation requirements established by the Board of Education Standards pursuant to § 13-1-12.1 or by the school, the transfer credits earned by the student for the course will count as elective credits, but the course will not count as a course required for graduation. If the school accepting the transfer credits determines that the credits do not meet graduation requirements, the school shall notify the student in writing to explain the reason for that determination and to cite the provisions of formally adopted school policy that apply.
Source: SL 2016, ch 92, § 1; SL 2017, ch 81, § 57.
