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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
