13-5-1
School districts defined--General corporate and proprietary powers.
13-5-2
Types of school districts abolished--New boards for former superimposed
districts.
13-5-3
Repealed.
13-5-4, 13-5-5.
Repealed.
13-5-6
Repealed.
13-5-7 to 13-5-13.
Repealed.
13-5-14
School districts overlapping county boundaries--County determined by
residence of majority.
13-5-15
School districts as corporations--Form of name.
13-5-16
Naming and numbering of school districts.
13-5-17
Recording of school district names, numbers and boundaries--Duplicate names
prohibited.
13-5-17.1
Change of name of school district--Petition--Notice--Hearing--Report of new
name to secretary.
13-5-18, 13-5-19.
Repealed.
13-5-20
Repealed.
13-5-21 to 13-5-28.
Repealed.
13-5-29
Vested contract rights not impaired.
13-5-30
Repealed.
13-5-31
Cooperative educational service units.
13-5-32
Cooperative educational service units--Powers--Authorization to issue notes.
13-5-32.1
Cooperative educational service units--Purpose--Acquiring, leasing and selling
real and personal property--Agreement establishing units.
13-5-33
Cooperative educational service units--Compliance with school district
requirements and budget procedures.
13-5-33.1
Limitations on authority of cooperative educational service units to issue notes.
13-5-33.2
Cooperative education service units to file annual audit and disclosure
statements.
13-5-34
Application procedure by school district for waiver from compliance with
administrative rules--School reform plan.
13-5-35
Formation of new school district--Requirements.
13-5-1. School districts defined--General corporate and proprietary powers.
Any territory organized for the express purpose of operating not less than a thirteen-year school program and governed by an elected school board is defined to be a school district. It may sue and be sued, contract and be contracted with, purchase, hold, and use personal and real property for school purposes, and sell and dispose of the same.
Source: SDC 1939, §§ 15.2001, 15.2501; SL 1947, ch 66; SL 1955, ch 41, ch 8, § 2; SDC Supp. 1960, § 15.2002; SL 1963, ch 69, § 2; SDCL, § 13-5-3; SL 1975, ch 128, § 26; SL 1985, ch 129, § 6; SL 1986, ch 122, §§ 1, 8.
13-5-2. Types of school districts abolished--New boards for former superimposed districts.
All types of school districts existing before July 1, 1976, are hereby abolished. Each independent and superimposed school district with its present boundaries shall hereby become a school district as defined in this chapter. Board members of former independent school districts shall continue to serve until their terms expire except the former superimposed school districts shall constitute a new school district entity and the election of a new school board shall occur as provided in chapter 13-6.
Source: SDC 1939, § 15.2001; SL 1955, ch 41, ch 8, § 2; SDC Supp 1960, § 15.2002; SL 1963, ch 69, § 2; SL 1974, ch 125, § 1; SL 1975, ch 128, § 27.
13-5-14. School districts overlapping county boundaries--County determined by residence of majority.
For the purposes of this title, a school district which overlaps boundaries of a county is considered to be in that county where the majority of the children belonging to the district reside as determined by the fall submission of student enrollment data, and when once established, the district shall so remain until the boundaries thereof shall be changed under other provisions of this title. However, any disputes arising under the provisions of § 13-5-1 or 13-5-2, or this section, shall be determined by the South Dakota Board of Education Standards.
Source: SL 1955, ch 41, ch 8, § 2; SDC Supp 1960, § 15.2002; SL 1963, ch 69, § 2; SL 2012, ch 88, § 3; SL 2017, ch 81, § 57.
13-5-15. School districts as corporations--Form of name.
Every school district shall constitute a school corporation under the name of "__________ School District, No. __________ of __________ County, South Dakota."
Source: SDC 1939, § 15.2303; SL 1955, ch 41, ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1963, ch 69, § 3; SL 1974, ch 125, § 3.
13-5-16. Naming and numbering of school districts.
The first blank in the name of the school district as prescribed by § 13-5-15 shall be filled by the name which the district had previous to the adoption of this chapter. For all school districts newly created the first blank shall be filled by the name of any municipal corporation which might be within the district; or if the school district has similar boundaries as a county or township, the name of the county or township shall be inserted in the blank. If the district fits none of these situations, a suitable name shall be selected by the school board of the district. The blank preceding the word "county" shall be the name of the county in which the school district is located.
The number of the school district shall be determined by the secretary of the Department of Education.
Source: SL 1955, ch 41, ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1971, ch 101, § 1; SL 2003, ch 272, § 63.
13-5-17. Recording of school district names, numbers and boundaries--Duplicate names prohibited.
Each school district name and number and a description of the district's boundaries shall be recorded in the office of the secretary of the Department of Education. The secretary shall refuse to record as the name of any district a name which has been previously chosen and recorded by another district in the same county.
Source: SL 1955, ch 41, ch 8, § 3; SDC Supp 1960, § 15.2003; SL 1971, ch 101, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 4.
13-5-17.1. Change of name of school district--Petition--Notice--Hearing--Report of new name to secretary.
A school board may propose to change the name of the school district or the residents of a school district may propose to change the name of a school district by submitting to the school board a petition signed by fifteen percent of the registered voters of the school district. A petition to change the name of a school district shall state the reason for the name change and the proposed name for the school district. The school board shall hold a hearing on the proposed name change after publishing a notice of the hearing in the legal newspaper for the school district once a week for two consecutive weeks. The notice shall state the time and place for the hearing, the reason for the hearing and the proposed name for the school district. At the hearing on the proposed name change, the school board shall allow all interested residents of the school district a reasonable opportunity to testify, either orally or in writing or both at the hearing. After the hearing, the school board shall consider the testimony regarding the proposed name change, and if the proposed name change is in the best interest of the school district and no other school district in the state has the same name, the school board shall change the name of the school district. The school board shall report the new name for the school district to the secretary.
Source: SL 1988, ch 135.
13-5-29. Vested contract rights not impaired.
None of the provisions of this title shall in any manner be construed to abrogate or impair any vested rights under any preexisting contract.
Source: SL 1955, ch 41, ch 18, § 3; SDC Supp 1960, § 15.4003.
13-5-31. Cooperative educational service units.
A cooperative education service unit is a legal entity. It is the intent of the Legislature to encourage maximum utilization of cooperative efforts among school districts in an effort to maximize educational excellence in this state and to permit cooperative efforts between schools which are not adjacent to one another. A cooperative service unit may provide academic educational resources, human resources, special education services, payroll services, cooperative purchasing, workers' compensation, group health insurance, and other services deemed appropriate by a majority vote of the governing board and in keeping with the laws of the State of South Dakota.
Source: SL 1980, ch 119, § 1; SL 1985, ch 129, § 5; SL 1986, ch 122, §§ 1, 7; SL 1995, ch 87, § 11; SL 1996, ch 100.
13-5-32. Cooperative educational service units--Powers--Authorization to issue notes.
A cooperative educational service unit may carry out the services stated in the cooperative agreement but may not levy taxes or issue bonds. However, a cooperative educational service unit may issue notes to be sold to the health and educational facilities authority or otherwise borrow money in connection with a program sponsored by the health and educational facilities authority pursuant to § 1-16A-75.
Source: SL 1980, ch 119, § 2; SL 1991, ch 124, § 1.
13-5-32.1. Cooperative educational service units--Purpose--Acquiring, leasing and selling real and personal property--Agreement establishing units.
Cooperative educational service units shall serve the public purpose of providing services to member districts and any other public or private entities deemed appropriate by a majority vote of the cooperative's governing board.
Each cooperative educational service unit shall be established pursuant to an agreement among participating districts, which entitles each to appoint at least one of its school board members to the governing board of the cooperative educational service unit and establishes that control of the cooperative educational service unit is vested in the participating districts through such appointments.
Each cooperative educational service unit may acquire, lease, and sell real and personal property as provided in the agreement establishing the unit.
The agreement which established a cooperative educational service unit shall provide for the applicable procedures for dissolution of the unit. Whether or not included in any such agreement, the procedures shall be subject to the statutory requirements that no earnings of the cooperative educational service unit may inure to the benefit of any private person and upon dissolution of any such unit, title to all property shall revert to one or more participating districts.
Source: SL 1991, ch 124, § 3; SL 1995, ch 87, § 12.
13-5-33. Cooperative educational service units--Compliance with school district requirements and budget procedures.
Cooperative service units created pursuant to this chapter shall comply with school district requirements regarding bookkeeping, record maintenance, board meetings, publication of minutes, health and safety requirements, bid laws. Cooperative service units shall comply with budget procedures, except no tax levy may be transmitted to the county commissioners.
Source: SL 1986, ch 123; SL 1995, ch 87, § 13.
13-5-33.1. Limitations on authority of cooperative educational service units to issue notes.
Any cooperative educational service unit shall have the same powers and rights as school boards and school districts under chapter 13-19 except that any notes or other obligations issued by a cooperative educational service unit pursuant to this authorization shall be sold in connection with a program or other financing sponsored by the health and educational facilities authority pursuant to § 1-16A-75 and, in all events, the provisions of chapter 13-19 shall apply to and authorize and govern the issuance of any promissory notes by a cooperative educational service unit pursuant to this authorization. Except to the extent expressly provided to the contrary by the agreement which establishes a cooperative educational service unit, no note or other obligation issued by a cooperative educational service unit pursuant to this section shall be valid unless approved unanimously by the cooperative educational service unit board.
Source: SL 1991, ch 124, § 2.
13-5-33.2. Cooperative education service units to file annual audit and disclosure statements.
Cooperative education service units organized pursuant to this chapter shall file annually with the Department of Education audits of their operation and disclosure statements of all funding sources.
Source: SL 1999, ch 80, § 5; SL 2003, ch 272, § 63.
13-5-34. Application procedure by school district for waiver from compliance with administrative rules--School reform plan.
School districts may apply for waivers from compliance with state administrative rules which a majority of the local school board agrees limit its ability to make specified reforms and are unnecessary for maintaining the quality of education within the school district. Prior to applying for the waivers, the school district shall hold a public hearing within the district to seek public comment on its school reform plan and the waivers being sought. A list of the waivers being sought and justification for each shall be submitted to the Department of Education at least sixty days before the date that waivers are to occur. The request for waiver shall provide a method for evaluation which includes the involvement of students, parents, teachers, and administrators. The secretary of the Department of Education may approve waivers of up to four years. Any district which is aggrieved by a decision of the secretary of the Department of Education may, within thirty days, appeal to the South Dakota Board of Education Standards pursuant to chapter 1-26.
The South Dakota Board of Education Standards may promulgate rules, pursuant to chapter 1-26, to establish standards for waivers, reform plans, approval process, and rescission procedures.
Source: SL 1990, ch 122, § 8; SL 1993, ch 123; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
13-5-35. Formation of new school district--Requirements.
No school district may be formed after July 1, 1998, unless it operates both an elementary and a secondary school within the boundaries of the district.
Source: SL 1998, ch 89, § 1.
