13-13-1. Apportionment among school districts of school fund income.

The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3, shall apportion the school funds as follows: the commissioner shall ascertain from the division of education the total number of resident pupils in average daily membership as defined in § 13-13-1.1 in each school district and the total number of pupils in average daily membership in all school districts, and on that basis of the school population, the commissioner shall apportion to each school district, pro rata, such share, as its population of resident pupils in average daily membership in the school district bears to the total number of pupils in average daily membership in all school districts. The funds to be apportioned include funds derived from the lease of school lands, the lease of public lands not apportioned to any educational, penal, or charitable institution, the interest, dividends, and other income on invested funds derived from the sale of school lands and public lands not apportioned to any such institution, and the interest, dividends, and other income on invested funds derived from the five percent paid by the United States on sale of public lands within the state.

Source: SDC 1939, §§ 15.0109, 15.2032; SL 1939, ch 40; SL 1953, ch 55, § 4; SL 1955, ch 41, ch 12, § 2; SDCL § 13-28-1; SL 1971, ch 117, § 1; SL 1973, ch 83, § 2; SL 1974, ch 128, § 1; SL 1978, ch 112, § 1; SL 1979, ch 116, § 1; SL 1982, ch 137, § 1; SL 2001, ch 26, § 9; SL 2009, ch 75, § 1.



SDLRC - Codified Law 13-13-1 - Apportionment among school districts of school fund income.

13-13-1.1. Individual school district average daily membership defined.

The individual school district average daily membership as calculated by the Department of Education for distribution of school and public lands funds may not include pupils for whom the school district receives tuition, shall include pupils for whom the district pays tuition, and shall include resident pupils attending public schools within the district and resident pupils attending private schools.

Source: SL 1982, ch 137, § 2; SL 2009, ch 75, § 2; SL 2010, ch 77, § 4.



SDLRC - Codified Law 13-13-1 - Apportionment among school districts of school fund income.

13-13-1.2. Fall enrollment records subject to examination by department.

Any records related to the reporting of fall enrollment of a public school district shall be subject to examination by the Department of Education at all times.

Source: SL 1996, ch 69, § 10; SL 2003, ch 272, § 63; SL 2007, ch 93, § 13.



SDLRC - Codified Law 13-13-1 - Apportionment among school districts of school fund income.

13-13-1.3. Overreported fall enrollment data--Recovery of overpayment--Misdemeanor.

If, in the department's examination of fall enrollment, it is determined that the data was overreported, the department shall recover the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the person responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in § 13-8-44, with the maximum penalty as defined in § 22-6-2.

Source: SL 1996, ch 69, § 11; SL 2007, ch 93, § 14.



SDLRC - Codified Law 13-13-1 - Apportionment among school districts of school fund income. 13-13-1.4
     13-13-1.4 to 13-13-1.7.   Repealed by SL 2016, ch 85, §§ 1 to 4.



SDLRC - Codified Law 13-13-1 - Apportionment among school districts of school fund income. 13-13-1.8
     13-13-1.8.   Repealed by SL 2008, ch 74, § 1.



SDLRC - Codified Law 13-13-1 - Apportionment among school districts of school fund income. 13-13-1.9
     13-13-1.9.   Repealed by SL 2016, ch 85, § 5.