CHAPTER 13-6
SCHOOL DISTRICT REORGANIZATION
13-6-1 Definition of terms.
13-6-1.1 Validation of past reorganization proceedings--Disputed proceedings excepted.
13-6-2 Legislative policy.
13-6-2.1 13-6-2.1 to 13-6-2.9. Repealed by SL 1973, ch 85, § 43
13-6-3 13-6-3. Repealed by SL 1973, ch 85, § 4
13-6-3.1 13-6-3.1. Repealed by SL 1975, ch 128, § 377
13-6-3.2 Record of proceedings kept by county commissioners--Plats transmitted to secretary.
13-6-3.3 Public officials to make available information from public records.
13-6-4 Requirements for school district reorganization.
13-6-5 13-6-5. Repealed by SL 2001, ch 71, § 1
13-6-6 13-6-6. Repealed by SL 1973, ch 85, § 43
13-6-7 Municipality to be all in same district--Exception.
13-6-8 13-6-8. Repealed by SL 1975, ch 128, § 378
13-6-8.1 13-6-8.1 to 13-6-8.11. Repealed by SL 1973, ch 85, § 43
13-6-9 13-6-9. Repealed by SL 1995, ch 87, § 14
13-6-9.1 13-6-9.1. Repealed by SL 1995, ch 88, § 5
13-6-9.2 County commissioners as school board for district unable to furnish own board--Power to finance and operate school program.
13-6-9.3 13-6-9.3, 13-6-9.4. Repealed by SL 1995, ch 87, §§ 15, 16
13-6-10 Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters.
13-6-11 13-6-11, 13-6-12. Repealed by SL 1973, ch 85, § 43
13-6-13 Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy.
13-6-13.1 Former school district representation areas for consolidated districts--Establishment--Election of board members.
13-6-13.2 Rejection of request to transfer not actionable.
13-6-14 13-6-14. Repealed by SL 1973, ch 85, § 43
13-6-15 13-6-15. Repealed by SL 1995, ch 87, § 17
13-6-16 13-6-16. Repealed by SL 1973, ch 85, § 43
13-6-17 Plan incorporated in minutes--Distribution of copies--Approved plan binding--Superseding later plan.
13-6-18 Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan.
13-6-18.1 Boundary changes--When allowed.
13-6-19 13-6-19. Repealed by SL 1973, ch 85, § 14
13-6-20 13-6-20 to 13-6-24. Repealed by SL 1973, ch 85, § 43
13-6-25 13-6-25. Transferred to § 13-6-3.3
13-6-26 13-6-26. Repealed by SL 1973, ch 85, § 43
13-6-27 13-6-27. Repealed by SL 1971, ch 103, § 17
13-6-28 13-6-28, 13-6-29. Repealed by SL 1973, ch 85, § 43
13-6-30 Annexed territory to remain with original school district--Exception.
13-6-31 13-6-31 to 13-6-36. Repealed by SL 1973, ch 85, § 43
13-6-37 13-6-37. Transferred to § 13-6-1.1
13-6-38 13-6-38 to 13-6-40. Repealed by SL 1973, ch 85, § 43
13-6-41 Special election called on state approval of plan--Eligibility to vote.
13-6-41.1 Election on dissolution of district restricted to dissolving district--Resolution of annexing district.
13-6-41.2 Date of election.
13-6-41.3 Notice of election--Contents--Costs of election.
13-6-42 13-6-42. Repealed by SL 1973, ch 85, § 43
13-6-43 Ballot form for election on reorganization.
13-6-44 General election law applicable to reorganization elections.
13-6-45 Certification and canvass of votes--Results transmitted to secretary.
13-6-46 13-6-46. Repealed by SL 1973, ch 85, § 43
13-6-47 Vote required to approve reorganization plan.
13-6-48 Secretary's notice of election results--Order effecting plan--Contents.
13-6-48.1 Distribution of copies of reorganization order.
13-6-48.2 Correction of county boundary records to show reorganization--Notice to secretary.
13-6-49 Reconsideration of rejected plan.
13-6-50 13-6-50 to 13-6-52. Repealed by SL 1973, ch 85, § 43
13-6-53 Joint exercise of county powers in reorganization of joint districts.
13-6-54 13-6-54 to 13-6-58. Repealed by SL 1973, ch 85, § 43
13-6-59 Joint district controlled by county with majority of children.
13-6-60 13-6-60. Repealed by SL 1973, ch 85, § 43
13-6-61 Operative date of reorganization--Participation in elections before operative date.
13-6-61.1 Operative date when reorganization consists solely of dissolution of school district.
13-6-62 Election of board for new district--Notices and declarations of candidacy--Costs.
13-6-62.1 13-6-62.1. Repealed by SL 1991, ch 143, § 4
13-6-63 Election and terms of members of new board--Residence requirements.
13-6-64 Assumption of office, organization and contracts made before new district operational--Continued operation of old boards.
13-6-65 13-6-65. Repealed by omission from SL 1968, ch 41, § 2
13-6-66 Effective date of change of boundaries by creation of new district.
13-6-67 Dissolution of district after transfer of total area by reorganization--Expiration of terms of officers.
13-6-68 13-6-68 to 13-6-72. Repealed by SL 1973, ch 85, § 43
13-6-73 13-6-73. Repealed by omission from SL 1968, ch 41, § 2
13-6-74 13-6-74. Repealed by SL 1973, ch 85, § 43
13-6-75 Filling of vacancies on school board created by transfer of territory to another district.
13-6-76 13-6-76. Repealed by SL 1973, ch 85, § 43
13-6-77 Valuation by county commissioners of school property and debt--Adjustments--Joint county action.
13-6-78 Transfer of assets and liabilities on reorganization--Copy of directive to secretary.
13-6-79 13-6-79. Repealed by omission from SL 1968, ch 42, § 1
13-6-80 13-6-80. Repealed by SL 1973, ch 85, § 43
13-6-81 Tax to discharge liabilities of district dissolved in reorganization--Tax limitation--Bond issue.
13-6-82 Bonded indebtedness not transferred by reorganization--Continuation of tax levy and redemption of bonded indebtedness--Trust fund.
13-6-83 Disposition of records of district dissolved by reorganization.
13-6-84 Board proposal for boundary change and land exchange.
13-6-84.1 Criteria for boundary change or land exchange.
13-6-84.2 Procedure for land exchange.
13-6-84.3 Submission of question by school board when requested by five percent of votes--Majority vote--Submission to county commissioners upon passage.
13-6-84.4 Authority to reorganize pursuant to §§ 13-6-10, 13-6-13, and 13-6-18 unaffected.
13-6-85 13-6-85, 13-6-85.1. Repealed by SL 2016, ch 82, §§ 5, 6
13-6-85.2 Amendment, addition, or deletion of information--Time limits.
13-6-85.3 Moratorium on minor boundary changes.
13-6-85.4 Petition to transfer land on closing of rural attendance center.
13-6-86 Contents of resolution for boundary change.
13-6-86.1 13-6-86.1. Repealed by SL 2016, ch 82, § 8.
13-6-87 Order of county commissioners approving or making boundary change--Distribution of copies.
13-6-88 Adjustment of assets and liabilities on boundary change.
13-6-89 13-6-89. Repealed by SL 2016, ch 82, § 9
13-6-89.1 13-6-89.1, 13-6-90. Repealed by SL 1973, ch 85, § 43
13-6-91 13-6-91. Repealed by SL 1995, ch 87, § 19
13-6-92 13-6-92 to 13-6-96. Repealed by SL 2015, ch 82, §§ 9 to 15
13-6-97 Required reorganization of school district with low enrollment--Exceptions.
13-6-98 13-6-98. Repealed by SL 2009, ch 85, § 3, eff. July 1, 2010
13-6-99 School district created by reorganization to consist of adjoining territory--Exemption.
13-6-1. Definition of terms.
Terms used in this chapter mean:
(1) "Joint district," a school district having territory in two or more adjoining counties. Jurisdiction within a joint district is determined as provided in § 13-5-14;
(2) "Party," any person or municipality interested in any proceedings under the provisions of this chapter;
(3) "Plan," a plan proposing the formation or elimination of one or more school district entities;
(4) "Reorganization," the formation, consolidation, or subdivision of school districts;
(5) "Requirements and limitations for reorganization," those requirements and limitations provided by law;
(6) "State board," the South Dakota Board of Education Standards;
(7) "Consolidation," the combining of two or more districts in which a new district and school board are created.
Source: SL 1951, ch 81, § 3; SL 1955, ch 41, ch 8, § 1; SDC Supp 1960, § 15.2001; SL 1961, ch 69; SL 1969, ch 43, § 1; SL 1971, ch 103, § 17; SL 1973, ch 85, § 2; SL 1982, ch 133, § 1; SL 2003, ch 92, § 1; SL 2017, ch 81, § 57.
13-6-1.1. Validation of past reorganization proceedings--Disputed proceedings excepted.
All proceedings for the reorganization of school districts prior to July 1, 1992, are hereby declared legal and valid, notwithstanding any irregularity or defect, other than a constitutional defect, in the reorganization or creation of such school districts. However, the validation does not apply to acts and proceedings which were, on July 1, 1993, in dispute and pending as litigation in courts of competent jurisdiction pursuant to the provisions of this chapter. The validation does not apply to any decision, order, or directive if the time for appeal had not expired on July 1, 1993, and an appeal is perfected.
Source: SL 1963, ch 473, §§ 1, 3; SL 1967, ch 40, § 2; SDCL, §§ 13-6-37, 13-6-90; SL 1973, ch 85, § 16; SL 1975, ch 128, § 28; SL 1977, ch 115, § 1; SL 1996, ch 101.
13-6-2. Legislative policy.
It is the policy of the State Legislature:
(1) That school districts exist for the purpose of operating a school or schools to provide the people of each local community adequate opportunity to avail themselves of a free public elementary and secondary education program. Each school district should operate a school or schools providing for elementary and secondary education programs;
(2) That it is essential for all children and youth in the state to have access to an adequate educational program in a public school and since many existing school districts do not contain sufficient taxable property to provide educational opportunities equal in comparison with the educational opportunities available in many other school districts in the state, the state board is responsible for school district reorganization which will enable each school district to offer an educational program of sufficient scope and quality to adequately expand and develop the interests and abilities of its people; and
(3) That each proposed school district shall meet the requirements and standards for school districts as provided by this chapter and shall contain sufficient human and material resources to support an education program which will meet the current minimum requirements for accreditation as adopted by the South Dakota Board of Education Standards.
Source: SL 1951, ch 81, § 1; SL 1959, ch 61, § 1; SDC Supp 1960, § 15.2007 (1) to (3); SL 1973, ch 85, § 3; SL 2012, ch 88, § 5; SL 2017, ch 81, § 57.
13-6-3.2. Record of proceedings kept by county commissioners--Plats transmitted to secretary.
It shall be the duty of the board of county commissioners to preserve and maintain a complete record of all proceedings at the county level relating to the establishment, division, consolidation, or any change of boundaries of school districts, and promptly transmit to the secretary of the Department of Education a correct plat showing any changes in the boundaries of any school district in accordance with the instructions of the secretary of the Department of Education.
Source: SDCL, § 13-6-3 as enacted by SL 1973, ch 85, § 4; SL 2003, ch 272, § 63.
13-6-3.3. Public officials to make available information from public records.
Upon request, state, county, and school district officials shall make available to the members of planning committees and other school boards and the secretary of the Department of Education such information from public records in their possession as is essential to them in the performance of their duties as set forth in this chapter.
Source: SL 1955, ch 41, ch 8, § 7; SL 1957, ch 61; SL 1959, ch 61, § 1; SDC Supp 1960, § 15.2007 (6); SDCL, § 13-6-25; SL 1973, ch 85, § 15; SL 2003, ch 272, § 63.
13-6-4. Requirements for school district reorganization.
Reorganization of school districts shall meet the requirements set forth in § 13-6-7 and the standards for proposed school districts as adopted by the South Dakota Board of Education Standards.
Source: SL 1955, ch 41, ch 8, § 5; SL 1959, ch 60, § 1; SDC Supp 1960, § 15.2005; SL 1967, ch 38, § 3; SL 1973, ch 85, § 5; SL 2017, ch 81, § 57; SL 2019, ch 81, § 1.
13-6-7. Municipality to be all in same district--Exception.
All territory within the corporate limits of any municipality shall be included in the same school district. However, this section does not apply to a municipality created pursuant to chapter 9-3 after July 1, 1991.
Source: SL 1955, ch 41, ch 8, § 5; SL 1959, ch 60, § 1; SDC Supp 1960, § 15.2005 (3); SL 1967, ch 38, § 3; SL 1991, ch 125.
13-6-9.2. County commissioners as school board for district unable to furnish own board--Power to finance and operate school program.
Whenever the secretary of the Department of Education shall find or be notified by school or county officials that there are insufficient qualified voters residing within a school district who are willing to serve as members of its school board, the secretary of the Department of Education shall notify the board of county commissioners of the county in which the school district is situated in accordance with § 13-5-14, and the board of county commissioners shall serve as the school board of the district until such time as this situation no longer exists. The board of county commissioners shall be authorized to levy sufficient funds against the taxable property of the district, with regard for the levy limitations applicable to school districts, to finance the necessary educational program and student services either through the operation of an accredited educational program within the district or for the payment of the necessary tuition if pupils must be assigned to another district or districts for educational purposes.
Source: SDCL, § 13-6-8 (2) as added by SL 1973, ch 85, § 7; SL 2003, ch 272, § 63.
13-6-10. Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters.
If the school board or the voters of two or more districts or parts of districts express a desire to consolidate their respective districts to create a new entity; or the school board or the voters of an existing district express a desire to divide the district to create one or more new entities; or the school board or the voters of an existing district express a desire to dissolve and be annexed to an existing district, the school board may by resolution, or shall, if presented by a petition signed by fifteen percent of the registered voters residing in the district, based upon the total number of registered voters at the last preceding general election, develop a plan to accomplish the desire expressed in the resolution or contained in the petition. If more than one district is involved, their respective school boards shall act jointly in the preparation of the plan. Within fifteen days after a petition is filed as provided in this section, the school district shall acknowledge the receipt of the petition in writing to the person who filed the petition. Within one hundred eighty days after the petition was filed, the school board shall develop the plan required in this section and shall file the plan as required in § 13-6-17. The Department of Education may grant two extensions of the filing deadline, not to exceed ninety days each.
The school board shall call conferences and hold hearings to develop the plan. The school board may employ a consultant. If the school boards involved in the creation of a plan initiated by a petitioner cannot agree on a single plan within the time allowed in this section, the Secretary of Education shall submit a plan to the voters of each affected school board within ninety days.
Source: SDCL, § 13-6-10 as enacted by SL 1973, ch 85, § 9; SL 1987, ch 67, § 9; SL 1991, ch 126, § 1; SL 1999, ch 77, § 1; SL 2003, ch 272, § 63; SL 2005, ch 95, § 1.
13-6-13. Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy.
The plan shall contain:
(1) A map or maps showing the boundaries of the proposed district or districts, the boundaries of the existing districts involved, the location of existing and proposed attendance centers and a description of the facilities, and the proposed school bus routes, if any;
(2) A legal description of the boundaries of the proposed district or districts;
(3) Estimates of the school age population within the proposed district or districts;
(4) The assessed valuation of all taxable property of each existing district and of the proposed district or districts;
(5) Outstanding general obligation bonds of any component district, funds in all school accounts and estimated receipts in all accounts in process of collection;
(6) If a joint district, the designation of the county of jurisdiction;
(7) The official name of the proposed district;
(8) A statement with regard to a proposed method of adjustment of assets and liabilities;
(9) The proposed number of school board members if a new entity is to be created;
(10) A description of the proposed educational program;
(11) A reasonably detailed budget showing estimated annual receipts and expenditures for the operation of the proposed district or districts;
(12) A process for a landowner to request their land be transferred to another school district when their land is adjacent to a school district other than a school district involved in the reorganization;
(13) Such additional information as may be necessary to show compliance with the standards for school districts as adopted by the South Dakota Board of Education Standards.
If the plan proposes the dissolution and annexation of a school district to one or more school districts, the school board of the receiving district, or districts, shall by resolution express their acceptance or rejection of all or part of the district to be dissolved as set forth in the proposed plan.
If the school boards of two or more school districts are developing a plan to consolidate, and two-thirds of the members of each affected school board agree, the plan may also include the provisions of an excess tax levy authorized in § 10-12-43 if an excess tax levy currently exists in one or more of the school districts. If the plan is approved by the voters, the proposed excess tax levy may be applied in the new consolidated school district. If a proposed excess tax levy is included in the plan, the plan shall state the amount of the proposed excess tax levy. The proposed excess tax levy may be applied for taxes payable in any of the five years following the date of reorganization. In addition, each school board involved in the development of the plan shall announce the inclusion of the proposed excess tax levy in the plan to the taxpayers in the manner set forth in § 10-12-43.
Source: SL 1955, ch 41, ch 8, § 10; SL 1957, ch 60, § 3; SDC Supp 1960, § 15.2010; SL 1973, ch 85, § 10; SL 1991, ch 126, § 2; SL 2004, ch 122, § 1; SL 2016, ch 82, § 12; SL 2017, ch 81, § 57.
13-6-13.1. Former school district representation areas for consolidated districts--Establishment--Election of board members.
When the reorganization plan is submitted, the school board or the electors of the district may establish school board representation areas to represent each former school district that consolidated to form the reorganized school district. Each former school district representation area shall be formed by adhering to standards of population deviance as established by judicial precedence. The former school district representation areas shall be established after an election is called and held pursuant to §§ 13-8-3 to 13-8-5, inclusive, by a majority vote of the electors voting at the election. The former school district representation areas, if established, shall become effective January first of the following year. If former board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. The reorganization plan shall state whether the school board member candidates shall be elected at large or elected by the voters who reside within the representation area.
Any current board members shall serve the balance of their term. At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.
Source: SL 1988, ch 136; SL 2021, ch 73, § 3.
13-6-13.2. Rejection of request to transfer not actionable.
Notwithstanding any other provision of law, a decision by a school board to reject the request to transfer land submitted pursuant to subdivision 13-6-13(12), in total or in part, does not create any cause of action against the school district or school board, or constitute grounds for an appeal pursuant to § 13-46-1.
Source: SL 2016, ch 82, § 13.
13-6-17. Plan incorporated in minutes--Distribution of copies--Approved plan binding--Superseding later plan.
The plan shall be made a part of the minutes of the school board of the school district, or districts; one copy shall be filed with the board of county commissioners in each county in which the territory of the proposed district, or districts, is located; and two copies shall be delivered to the secretary of the Department of Education. If the plan is approved by the secretary of the Department of Education, it shall be valid and binding upon the districts for a period not to exceed one year, providing one or more of the districts approved the plan in accordance with § 13-6-47. However, if a different plan is presented to and approved by the secretary of the Department of Education, such approval shall supersede the last preceding approval.
Source: SL 1955, ch 41, ch 8, §§ 12, 16; SDC Supp 1960, §§ 15.2012, 15.2013; SL 1973, ch 85, § 12; SL 2003, ch 272, § 63.
13-6-18. Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan.
Upon receipt of a proposed plan, the secretary of the Department of Education shall review the plan and compare its features with the requirements for school district reorganization as provided in § 13-6-4. The secretary of the Department of Education may call a hearing on the proposal, or request additional information as deemed necessary before his approval or disapproval. He shall notify in writing the school boards of the school districts and boards of county commissioners affected that the proposal is found, or is not found, to be in compliance with the requirements for school district reorganization and the standards and rules adopted by the South Dakota Board of Education Standards.
The secretary of the Department of Education may deny approval of a plan when in the superintendent's judgment the proposed district does not contain enough valuation or enrollment to provide an adequate educational program.
Source: SDCL § 13-6-18, as enacted by SL 1973, ch 85, § 13; SL 1990, ch 112, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2017, ch 81, § 57.
13-6-18.1. Boundary changes--When allowed.
If a plan of reorganization is approved pursuant to § 13-6-18, a boundary change pursuant to § 13-6-84.2 may be allowed by a school board only if:
(1) The plan has been rejected by the voters;
(2) The school boards of each district which voted and approved the reorganization plan concur by majority vote and the minor boundary change is recognized in the plan; or
(3) The plan is operative pursuant to § 13-6-61.
Source: SL 1990, ch 111, § 1; SL 1991, ch 143, § 3; SL 2016, ch 82, § 1.
13-6-30. Annexed territory to remain with original school district--Exception.
Notwithstanding the provision of § 13-6-7, if the territory sought to be annexed by the municipality is part of another school district, such territory shall remain a part of the school district in which the territory is located at the time of annexation unless the boundary of the school district from which the territory is taken is changed according to the provisions of §§ 13-6-84, 13-6-84.1 and 13-6-86, to 13-6-88, inclusive.
Source: SDC 1939, § 15.2502; SL 1951, ch 60; SL 1955, ch 41, ch 8, § 23; SL 1959, ch 62; SDC Supp 1960, § 15.2020; SL 1974, ch 127; SL 1987, ch 127; SL 1992, ch 60, § 2.
13-6-41. Special election called on state approval of plan--Eligibility to vote.
Upon receipt of the approval of the plan from the secretary of the Department of Education, the school board of each school district shall call a special election within each school district and all qualified voters of the district shall be entitled to vote on the proposal.
Source: SL 1973, ch 85, § 17; SL 2003, ch 272, § 63.
13-6-41.1. Election on dissolution of district restricted to dissolving district--Resolution of annexing district.
Notwithstanding the provisions of § 13-6-41, in the event the approved plan consists of an existing district attempting to dissolve and be annexed to one or more other districts, the election required by § 13-6-41 shall be called only in the district which expressed the desire to dissolve. No further action shall be required by the district to which territory may be annexed other than the filing of the resolution as provided in § 13-6-13 as part of the proposed plan.
Source: SDCL, § 13-6-41 as added by SL 1973, ch 85, § 17.
13-6-41.2. Date of election.
The election required by § 13-6-41 shall be held within ninety days, subsequent to the date of approval. The date of such election shall be established by the secretary of the Department of Education.
Source: SDCL, § 13-6-41 as added by SL 1973, ch 85, § 17; SL 2003, ch 272, § 63.
13-6-41.3. Notice of election--Contents--Costs of election.
The school board shall cause a notice of a special election to be published as provided in § 13-7-8. Such notice shall clearly state and contain the purpose of the election, a description of the boundaries of the proposed district, or districts, contained in the plan, and the time and place, or places, at which the election will be held. The cost of conducting the election shall be assumed by and be the responsibility of each participating school district.
Source: SL 1955, ch 41, ch 8, § 18; SDC Supp 1960, § 15.2015; SDCL, § 13-6-41; SL 1971, ch 103, § 3; SL 1973, ch 85, § 17.
13-6-43. Ballot form for election on reorganization.
The ballot for an election on school district reorganization shall be in the following form:
G For Proposed School District Reorganization Plan
G Against Proposed School District Reorganization Plan
Check with a cross () or check mark () in the square desired.
Source: SL 1955, ch 41, ch 8, § 18; SDC Supp 1960, § 15.2015; SL 1973, ch 85, § 18.
13-6-44. General election law applicable to reorganization elections.
In all other respects the election shall be held according to the laws governing elections in this state.
Source: SL 1955, ch 41, ch 8, § 18; SDC Supp 1960, § 15.2015.
13-6-45. Certification and canvass of votes--Results transmitted to secretary.
At the next regular meeting of the school board, following the date of the election, the votes cast at each polling place shall be certified and the total number of votes cast for and against the proposed school district reorganization plan shall be determined and the results of the election transmitted to the secretary of the Department of Education.
Source: SL 1955, ch 41, ch 8, § 18; SL 1957, ch 62, § 1; SDC Supp 1960, § 15.2015; SL 1961, ch 72; SL 1963, ch 69, § 4; SL 1963, ch 71; SL 1971, ch 103, § 5; SL 1973, ch 85, § 19; SL 2003, ch 272, § 63.
13-6-47. Vote required to approve reorganization plan.
Upon the receipt and review of the results of the election on a plan and if the secretary of the Department of Education finds that a majority of votes cast in each district is in favor of the consolidation or division of school districts to create a new school district, or districts, as set forth in the plan, the plan shall be considered to be approved by the voters. If the secretary of the Department of Education finds that fifty percent of the votes cast in a district are in favor of a plan to dissolve the district and annex its territory to another district, or districts, as set forth in the plan, the plan shall be considered approved by the voters.
Source: SDC Supp 1960, § 15.2015 as added by SL 1961, ch 72; SL 1963, ch 69, § 4; SL 1963, ch 71; SL 1971, ch 103, § 6; SL 1973, ch 85, § 20; SL 1995, ch 87, § 18; SL 2003, ch 272, § 63.
13-6-48. Secretary's notice of election results--Order effecting plan--Contents.
The secretary of the Department of Education shall notify all school boards of each district included in the plan and boards of county commissioners affected if such plan has been approved or rejected by the voters. If the plan was approved by the voters, the secretary of the Department of Education shall issue his order to give effect to such plan. The order shall contain a description of the boundary of each school district, the date that the district shall become operative, the number of school board members to be elected and the county of jurisdiction as provided in § 13-5-14.
Source: SL 1955, ch 41, ch 8, § 18; SL 1957, ch 62, § 1; SDC Supp 1960, § 15.2015; SL 1961, ch 72; SL 1963, ch 69, § 4; SL 1963, ch 71; SL 1971, ch 103, § 7; SL 1973, ch 85, § 21; SL 2003, ch 272, § 63.
13-6-48.1. Distribution of copies of reorganization order.
A copy of the order issued pursuant to § 13-6-48 shall be sent by the secretary of the Department of Education to the school board of each school district affected by the order, to the county auditor and the chairman of the board of county commissioners of each county in which such district, or part thereof, shall lie, and when a school district is eliminated or created, a copy of the order shall be filed with the secretary of state as provided in chapter 6-10.
Source: SL 1955, ch 41, ch 8, § 18; SL 1957, ch 62, § 1; SDC Supp 1960, § 15.2015; SL 1961, ch 72; SL 1963, ch 69, § 4; SL 1963, ch 71; SDCL, § 13-6-48; SL 1971, ch 103, § 7; SL 1973, ch 85, § 21; SL 2003, ch 272, § 63.
13-6-48.2. Correction of county boundary records to show reorganization--Notice to secretary.
The board of county commissioners shall, upon receipt of an order pursuant to § 13-6-48.1, correct the legal description of the school district, or school districts, as the same may appear in its records, and immediately thereafter shall notify the secretary of the Department of Education that the county records have been corrected in accordance with the order of the secretary of the Department of Education.
Source: SDCL, § 13-6-48 as added by SL 1973, ch 85, § 21; SL 2003, ch 272, § 63.
13-6-49. Reconsideration of rejected plan.
If the voters of a school district voting upon a school district reorganization plan failed to approve the plan, the school board of the district may call a special election within one year from the date of the previous election for the purpose of reconsidering the plan. The school board shall call the election if a petition signed by twenty percent of the voters residing within the district is presented to the business manager of the district requesting reconsideration of the plan. The results of this election shall be transmitted to the secretary of the Department of Education as provided in § 13-6-45 and he shall proceed as provided by law. No election may be called under this section if a different plan has been approved pursuant to § 13-6-17.
Source: SDCL, § 13-6-49 as enacted by SL 1973, ch 85, § 22; SL 1991, ch 143, § 2; SL 2003, ch 272, § 63.
13-6-53. Joint exercise of county powers in reorganization of joint districts.
Any power or duty which a board of county commissioners or county officer has under this chapter involving reorganization of its own school districts shall be performed jointly by all boards of county commissioners and county officers of those counties containing territory involved in the reorganization of joint school districts.
Source: SDC 1939, § 15.2005; SL 1955, ch 41, ch 8, § 6; SDC Supp 1960, § 15.2006; SL 1961, ch 71, § 1; SL 1964, ch 37; SL 1965, ch 43, § 1; SL 1966, ch 40, § 1; SL 1973, ch 85, § 23.
13-6-59. Joint district controlled by county with majority of children.
If a joint school district is created, the county officials shall comply with the orders and directives of the board of county commissioners of the county having jurisdiction over the school district so created. A school district shall be considered to be under the jurisdiction of the board of county commissioners of the county where the major portion of the children listed on the fall submission of student enrollment data of the school district area are located.
Source: SDC Supp 1960, § 15.2006 as added by SL 1966, ch 40, § 1; SL 1973, ch 85, § 24; SL 2012, ch 88, § 6.
13-6-61. Operative date of reorganization--Participation in elections before operative date.
All school district reorganization shall take effect and the new school district shall become operative on the first day of July following the date of the order by the secretary of the Department of Education, except that when such order is issued after the first day of March the new school district shall not become operative until the first day of July of the next subsequent calendar year. The voters of any area to be included within a district as the result of any action taken under this chapter shall be privileged to participate in regular and special elections of said district which occur between the date of such order and such operative date.
Source: SL 1955, ch 41, ch 8, § 5; SL 1959, ch 60, § 1; SDC Supp 1960, § 15.2005 (6), (7); SL 1967, ch 38, § 3; SL 1973, ch 85, § 25; SL 2003, ch 272, § 63.
13-6-61.1. Operative date when reorganization consists solely of dissolution of school district.
Notwithstanding § 13-6-61 when reorganization consists solely of the dissolution of a school district the effective date of the plan is July first following the date of the order by the secretary of the Department of Education or as provided in the plan.
Source: SL 1990, ch 78, § 3; SL 1991, ch 20, §§ 17, 18; SL 2003, ch 272, § 63.
13-6-62. Election of board for new district--Notices and declarations of candidacy--Costs.
If under the provisions of this chapter a new school district entity is created, the voters shall elect a new school board to govern the school district as hereinafter provided. The county auditor of the county having jurisdiction shall conduct the election under the existing statutory provisions for conducting regular elections in school districts. The county auditor shall perform the duties specified for the business manager as provided in chapter 13-7, as amended and shall also give the notice of the number of school board vacancies and residency requirements for school board membership as may be set forth in the plan approved by the voters. The declaration of candidacy shall be filed in the office of the county auditor, and the date of election may be fixed on or before the first Monday in May. Costs of conducting the election shall be paid by the new school district.
Source: SL 1955, ch 41, ch 8, § 24; SL 1957, ch 62, § 5; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2; SL 1971, ch 103, § 12; SL 1973, ch 85, § 26; SL 2023, ch 55, § 6.
13-6-63. Election and terms of members of new board--Residence requirements.
The county auditor shall cause the school board members to be elected for terms of office as provided by statute. The residency requirements of school board members shall be as provided in chapter 13-8.
Source: SL 1955, ch 41, ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1963, ch 69, § 5; SL 1968, ch 41, § 2; SL 1971, ch 103, § 13; SL 1973, ch 85, § 27.
13-6-64. Assumption of office, organization and contracts made before new district operational--Continued operation of old boards.
The school board members of a newly created district elected on or before the first Monday in May shall qualify and assume office as soon as can be conveniently done but not before the first Monday in January of the year in which the district will become operational. They shall organize the board as provided in chapter 13-8 and may immediately contract for services and supplies to be furnished the newly created school district for the fiscal year beginning July first of the year following the election and organization of such board. However, if a new district does not become operational, the contracts are void. The board shall meet as often as it deems necessary before the new district becomes operational, and its expenses shall constitute a legal claim under §§ 13-8-37 and 13-8-38, to be paid by the new district when operational. The school boards of existing districts reorganized into newly created districts shall continue to operate until the end of the current fiscal year.
Source: SDC Supp 1960, § 15.2021 as added by SL 1961, ch 74, § 1; SL 1967, ch 41, § 1; SL 1968, ch 41, § 2; SL 1985, ch 120, § 2.
13-6-66. Effective date of change of boundaries by creation of new district.
The changes in boundaries caused by the creation of the new school district shall take effect July first after the new board has been elected and qualified.
Source: SL 1955, ch 41, ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2.
13-6-67. Dissolution of district after transfer of total area by reorganization--Expiration of terms of officers.
A school district whose total area has been transferred to another school district or districts by reorganization is dissolved at the time the new district or districts take effect. The terms of the dissolved district's officers expire when the newly elected school officers assume their offices and all duties directed by the board of county commissioners have been performed. If former school board members of a district, eliminated by reorganization, are required by the board of county commissioners to perform duties as provided in § 13-6-77, the reorganized district or districts shall pay those board members in the same manner and at the same time rate as regular school board members.
Source: SL 1955, ch 41, ch 8, § 24; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2; SL 1973, ch 85, § 28; SL 1982, ch 133, § 2.
13-6-75. Filling of vacancies on school board created by transfer of territory to another district.
If a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by an election conducted by the school board and held prior to the first Monday in May as provided in § 13-6-64. If less than a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by appointment by the remaining members of the board until the next regular school board election, and such appointments shall coincide with the time limits provided in § 13-6-64.
Source: SL 1955, ch 41, ch 8, § 24; SL 1957, ch 62, § 6; SDC Supp 1960, § 15.2021; SL 1961, ch 74, § 1; SL 1968, ch 41, § 2; SL 1973, ch 85, § 29.
13-6-77. Valuation by county commissioners of school property and debt--Adjustments--Joint county action.
The board of county commissioners of the county having jurisdiction over the school district shall have the power and duty to determine the value and the amount of all school owned property, cash assets, and all bonded and other indebtedness of each existing school district affected by a change in district boundaries resulting from any form of school district reorganization. The board of county commissioners of the county having jurisdiction over the school district entity created or to which territory has been annexed shall, after the change takes effect, order any equitable adjustment as deemed necessary. If the adjustment requires a transfer of school district owned property, assets, or liabilities from a school district under the jurisdiction of one county to a school district under the jurisdiction of another county, the order directing the transfer of such property and the adjustment of such assets and liabilities shall be approved by the board of county commissioners of both counties and signed by their respective chairmen.
Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1973, ch 85, § 30.
13-6-78. Transfer of assets and liabilities on reorganization--Copy of directive to secretary.
All liabilities and assets shall be transferred according to directives prepared by the board of county commissioners. A copy of such directives shall be mailed to the secretary of the Department of Education and all other parties enumerated in § 13-6-48.
Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1971, ch 103, § 14; SL 1973, ch 85, § 31; SL 2003, ch 272, § 63.
13-6-81. Tax to discharge liabilities of district dissolved in reorganization--Tax limitation--Bond issue.
If the board of county commissioners shall find that a school district, totally dissolved by reorganization, has an excess of total liabilities over its total assets, such board of county commissioners may authorize a tax levy against the property located within the boundary of such former school district necessary to discharge the balance of liabilities. Such tax levy may not exceed six dollars per thousand dollars of taxable valuation in any one year and shall be exclusive of all other tax limitations. The board of county commissioners may at its discretion authorize the issuing of bonds to fund the indebtedness herein mentioned.
Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1973, ch 85, § 32; SL 1989, ch 87, § 15L.
13-6-82. Bonded indebtedness not transferred by reorganization--Continuation of tax levy and redemption of bonded indebtedness--Trust fund.
Nothing in this chapter shall be construed to authorize the transfer of the liabilities of existing bonded indebtedness from the district or territory against which it was originally incurred. Should there be any existing bonded indebtedness outstanding against a district, the county auditor shall continue the annual tax levy that was provided for the redemption of such bond issue. The board of county commissioners shall have the same authority as a school board under the provisions of §§ 13-16-10 to 13-16-14, inclusive. The board of county commissioners shall direct the treasurer of the school board of the said former school district to transfer all money in the bond redemption fund as of the close of the last school fiscal year the district existed, to the county treasurer and the said county treasurer shall place such money so received in a trust fund along with the receipts from the annual tax levy provided in § 13-6-81 and shall be authorized to invest any surplus money in this trust fund in such securities as are authorized by law for school district funds and the income from such investments shall be added to such trust fund. The county treasurer shall apply the money in the said trust fund to the redemption of such bonded indebtedness as the bonds become due and payable and, if sufficient money is available, may negotiate with the bondholders to purchase outstanding bonds ahead of schedule when such action is deemed advisable and so ordered by the board of county commissioners. When the bonds are paid and canceled, the county treasurer shall place the unused balance in the said trust fund, if any, to the credit of the district or districts containing territory of the former school district.
Source: SL 1955, ch 41, ch 8, § 25; SDC Supp 1960, § 15.2022; SL 1968, ch 42, § 1; SL 1973, ch 85, § 33.
13-6-83. Disposition of records of district dissolved by reorganization.
When a school district entity goes out of existence due to reorganization or consolidation and the area of such district becomes a part of another school district entity, the records of the former school district entity shall become official records of the school district entity of which said former school district entity becomes a part; provided, however, that if said former school district entity becomes a part of two or more school district entities, then the board of county commissioners shall determine the disposition of said records. The destruction or disposition of such records shall be handled as prescribed in §§ 13-8-43 and 13-8-44. The provisions of this section shall also be applicable to school district entities which have gone out of existence prior to the effective date hereof and said records shall be disposed of as herein provided.
Source: SL 1965, ch 62; SL 1971, ch 103, § 15; SL 1973, ch 85, § 34.
13-6-84. Board proposal for boundary change and land exchange.
The school board of a school district may propose to change the boundary of the school district and exchange land with another school district under criteria described in §§ 13-6-84.1 to 13-6-84.3, inclusive, and 13-6-86.
Source: SL 1955, ch 41, ch 8, § 20; SL 1959, ch 60, § 2; SDC Supp 1960, § 15.2017; SL 1961, ch 73, § 1; SL 1963, ch 72; SL 1973, ch 85, § 35; SL 1979, ch 112, § 1; SL 2016, ch 82, § 2.
13-6-84.1. Criteria for boundary change or land exchange.
In each proposed change in a school district's boundary or land exchange, the boundary of the area proposed to be detached, annexed, or exchanged must have a common boundary with the common boundary of the two involved school districts. Land owned by the federal, state, or local governments and unoccupied land may be included in the proposal.
Source: SDCL § 13-6-85 as added by SL 1973, ch 85, § 36; SL 1979, ch 112, § 2; SL 2004, ch 123, § 1; SL 2016, ch 82, § 3.
13-6-84.2. Procedure for land exchange.
Nothing in §§ 13-6-84 to 13-6-84.2, inclusive, and 13-6-85.4 compels the board of a school district to act if the board is unwilling to exchange any land within its boundary. The exchange of land between school districts may only be made if each board is willing to exchange the land.
If a board is willing to detach, annex, or exchange land, the board shall adopt a resolution of intent to exchange land with the other school district. The resolution of intent shall contain the following:
(1) The name of each school district involved and a legal description of the land in each school district proposed to be exchanged through the detachment and annexation of land by each school district;
(2) A map of the area proposed to be detached and annexed by each school district;
(3) A statement certified by the county auditor setting forth the amount of the assessed valuation of the area to be detached and annexed, the total assessed valuation of the school district from which the area is proposed to be detached and the school district to which the area is proposed to be annexed, and the amount of any bonded indebtedness or judgments against each school district; and
(4) A statement that the board will request an appraisal to be completed by a certified appraiser to show the fair market value of the land proposed to be detached and annexed by each of the involved school districts. Each board shall approve the certified appraiser completing the appraisal and shall pay one-half of the cost of the appraisal. If a school district does not agree with an appraisal, the board may, within thirty days of the receipt of the appraisal and at its own expense, order another appraisal from a different certified appraiser.
The board of each involved school district shall, within five days of the passage of the resolution of intent, forward a copy of the resolution to the other school district and to the Department of Education. The board of each involved school district shall acknowledge receipt of the resolution of intent at its next school board meeting, and representatives from both of the involved school districts shall meet and mutually agree on a certified appraiser to complete the appraisal.
A board may object to the appraisal within forty-five days of acknowledging the receipt of the appraisal. Unless a board objects, the board of each involved school district shall, within sixty days of acknowledging the receipt of the appraisal, schedule a public hearing to consider the proposed land exchange.
Notwithstanding subdivision (4) of this section, the requirement that an appraisal be completed as a condition of the proposed land exchange may be waived upon the adoption of a resolution by both boards. No later than sixty days after the adoption, the board of each involved district shall schedule a public hearing to consider the proposed land exchange.
Following the public hearing, the board of each involved school district shall either approve or reject the land exchange. Notwithstanding any other provision in law, a decision by a board to reject the land exchange does not create any cause of legal action against the district or board, or constitute grounds for an appeal pursuant to § 13-46-1. If the action of each of the involved school districts approves a land exchange and no petition for an election is filed pursuant to § 13-6-84.3, the resolutions approving the land exchange shall be forwarded to the county commissioners having jurisdiction over the involved school districts. The county commissioners shall act pursuant to § 13-6-87.
Source: SL 1979, ch 112, § 3; SL 2016, ch 82, § 4; SL 2020, ch 68, § 1.
13-6-84.3. Submission of question by school board when requested by five percent of votes--Majority vote--Submission to county commissioners upon passage.
Within thirty days of the last date of the public hearing, pursuant to § 13-6-84.2, five percent of the voters residing within a school district may petition the school board to refer the resolutions to an election. The school district shall submit the question at the next regular election provided in § 13-7-10. The question shall be deemed to have passed or failed by a simple majority of those voting. Upon passage, the school boards shall submit the resolution to the county commissioners for implementation pursuant to § 13-6-87.
Source: SL 1979, ch 112, § 4; SL 1995, ch 89; SL 2023, ch 55, § 7.
13-6-84.4. Authority to reorganize pursuant to §§ 13-6-10, 13-6-13, and 13-6-18 unaffected.
Nothing in §§ 13-6-84, 13-6-84.1, and 13-6-84.2 affects a school district's authority to reorganize pursuant to §§ 13-6-10, 13-6-13, and 13-6-18.
Source: SL 2016, ch 82, § 10.
13-6-85.2. Amendment, addition, or deletion of information--Time limits.
The information required as part of a petition for a minor boundary change must be final with no amendments, additions, or deletions. If the petition is amended or the information to support it is added or deleted in any way, the requirement for a school board to approve or disapprove the petition by resolution within sixty days of receipt of the petition is suspended. The sixty-day timeframe begins to run again beginning with the date of the amendment, addition, or deletion of information to the original petition.
Source: SL 2015, ch 83, § 5; SL 2021, ch 73, § 19.
13-6-85.3. Moratorium on minor boundary changes.
Notwithstanding the provisions of any other law, no minor boundary change may be proposed during the period of time beginning on April 1, 2015, and ending on June 30, 2016.
Source: SL 2015, ch 84, § 1, eff. Mar. 13, 2015.
13-6-85.4. Petition to transfer land on closing of rural attendance center.
If a school district proposes to close a rural attendance center, any landowner who has students attending the attendance center that is proposed to be closed may petition the school board to transfer their land to an adjacent school district with a common boundary with the landowner. Notwithstanding any other provision of law, a decision by a school board to reject the petition, in total or in part, does not create a cause of action against the school district or school board, or constitute grounds for an appeal pursuant to § 13-46-1. For the purposes of this chapter, a rural attendance center is an attendance center that is at least ten miles from the corporate limits of any incorporated municipality.
Source: SL 2016, ch 82, § 11.
13-6-86. Contents of resolution for boundary change.
A resolution for a proposed boundary change includes the following information based on the final plan for detachment and annexation:
(1) The names of the school districts involved and the legal description of the area proposed for detachment and annexation;
(2) A map of the area proposed for detachment and annexation, including a portion or all of the district from which the area is to be detached and the district to which the area is to be annexed;
(3) A statement certified by the county auditor setting forth the amount of the assessed valuation of the area to be detached, the amount of the assessed valuation of the area to be annexed, the total assessed valuation of the school district from which the area is proposed to be detached, and the amount of any bonded indebtedness or judgments against the school district;
(4) Unless waived by the boards of both school districts, as provided for in § 13-6-84.2, an appraisal completed by a certified appraiser that shows the fair market value of the land proposed to be detached and annexed. The appraisal shall be completed by a certified appraiser approved by the school board of each involved school district, and each involved school district shall pay one-half of the cost of the appraisal. If an involved school district does not agree with the appraisal, the school district may, within thirty days of receipt of the appraisal and at its own expense, request another appraisal from a different certified appraiser. The appraisal shall include the potential fair market value of the land to be detached and annexed as if the land was fully developed as determined by consideration of the current zoning, the nearest municipality's proposed zoning for the next ten years, and the nearest municipality's comprehensive plan; and
(5) The ownership interests in the land.
Source: SDCL § 13-6-86 as enacted by SL 1973, ch 85, § 37; SL 1979, ch 112, § 5; SL 2015, ch 83, § 3; SL 2016, ch 82, § 7; SL 2020, ch 68, § 2.
13-6-87. Order of county commissioners approving or making boundary change--Distribution of copies.
Upon receipt of the resolution approving a boundary change or the petition for a boundary change from the school board of each school district affected, the board of county commissioners having jurisdiction over the district to which the territory is to be annexed shall at its next regular meeting issue its order setting forth the effective date of such boundary change. Copies of the order shall be mailed or delivered to the secretary of the Department of Education, the county auditor and each of the county commissioners of the county, or counties, involved, and the chairmen of the school boards of the respective school districts.
Source: SDC Supp 1960, § 15.2017 as added by SL 1963, ch 72; SL 1973, ch 85, § 38; SL 1979, ch 112, § 6; SL 2003, ch 272, § 63.
13-6-88. Adjustment of assets and liabilities on boundary change.
When a boundary change is made under the provisions of § 13-6-87, the board of county commissioners shall make an adjustment of assets and liabilities as may be required by law.
Source: SDC Supp 1960, § 15.2017 as added by SL 1963, ch 72; SL 1973, ch 85, § 39.
13-6-97. Required reorganization of school district with low enrollment--Exceptions .
Any school district that has a fall enrollment, as defined in § 13-13-10.1, of fewer than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with one or more school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. After July 1, 2007, if the fall enrollment of any school district that is not a sparse school district falls to one hundred or fewer, that school district shall prepare a plan for reorganization within two years. If a school district is required to prepare a plan for reorganization under this section and fails to prepare a plan, the Board of Education Standards shall prepare a plan for reorganization for that school district. The minimum fall enrollment for any school district that does not operate a high school and that contracts with an adjoining school district in Minnesota to educate its resident high school students is equal to a pro-rated share of one hundred based upon the number of grades offered within the school district. The provisions of this section do not apply to:
(1) A school district that receives no state aid distributed pursuant to chapter 13-13, and that is located not less than twenty-five miles from the nearest high school in an adjoining school district in the state;
(2) A school district that is part of a consortium of school districts exercising joint governmental powers pursuant to chapter 1-24, or intergovernmental cooperation in education pursuant to chapter 13-15 for the purposes stated in § 13-8-1, if the joint powers agreement or intergovernmental cooperation agreement is approved each year before the first day of July by the secretary of education; and
(3) The only school district in the county with an existing attendance center, and whose attendance center is at least twenty miles away from any other attendance center.
The Board of Education Standards may promulgate rules, pursuant to chapter 1-26, to establish the procedures and criteria for the secretary's approval of any reorganization agreement required under this section. The criteria established by the Board of Education Standards under this section shall take into account any significant cost savings that may be achieved through the reorganization agreement and the educational needs of the students in the districts that are parties to the reorganization agreement.
Source: SL 2007, ch 93, § 2; SL 2011, ch 85, § 1; SL 2013, ch 72, § 1; SL 2015, ch 85, § 1; SL 2015, ch 89, § 3; SL 2017, ch 81, § 57; SL 2018, ch 90, § 1.
13-6-99. School district created by reorganization to consist of adjoining territory--Exemption.
Any proposed school district created as a result of reorganization shall consist of adjoining territory. However, any plan for reorganization approved by the secretary of education prior to July 1, 2009, is exempt from this requirement. The secretary of education may waive this requirement for any proposed school district if the secretary deems it appropriate after considering the following factors:
(1) The academic program opportunities that would be available to students in the proposed school district in comparison to the academic program opportunities that would be available to those students under other proposals;
(2) The buildings and equipment that exist in the proposed school district;
(3) The economic viability of the proposed school district;
(4) The natural community areas that exist within the confines of the proposed school district;
(5) Transportation issues relative to the proposed school district;
(6) The variety of activities that would be available to students in the proposed school district;
(7) Student enrollment projections for the proposed school district; and
(8) Property valuations and other taxation issues relative to the proposed school district.
Source: SL 2009, ch 72, § 1.
