ECSheading
From the ECS State Policy Database
South Dakota


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format.

Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date].

Issue Status/Date Level Summary

Accountability--Measures/Indicators


Signed into law 03/2012

P-12

Creates a new state accountability system for public elementary and secondary schools to hold public schools accountable for student achievement and ensure that all public schools make yearly progress.

Yearly progress will be measured by multiple indicators including state academic assessments and those additional indicators listed in § 13-3-69. Provides that the system will include interventions for schools based on these factors.

Repeals references to 'adequate' yearly progress, annual measurable 'objectives,' and 'consequences' for schools.

http://legis.state.sd.us/sessions/2012/Bills/SB25ENR.pdf
Title: S.B. 25
Source: http://legis.state.sd.us

Choice of Schools--Choice/Open Enrollment


Signed into law 03/2012

P-12

Establishes a deadline within each semester after which no student may transfer to a school district other than the resident school district through the enrollment options program. Deadlines established in this section do not apply to any student seeking to attend an alternative school that is operated by a school district or with which a school district contracts. http://legis.state.sd.us/sessions/2012/Bills/HB1189ENR.pdf
Title: H.B. 1189
Source: http://legis.state.sd.us

Finance--Student Fees


Signed into law 03/2012

P-12

Forbids school districts to collect a fee for providing programming as a high school extracurricular activity.
http://legis.state.sd.us/sessions/2012/Bills/HB1195ENR.pdf
Title: H.B. 1195
Source: legis.state.sd.us

Finance--Student Fees


Signed into law 03/2012

P-12

Permits schools to charge a fee for early childhood services for any child who is under the age of compulsory attendance pursuant to § 13-27-1 and is not enrolled in kindergarten or a more advanced grade. http://legis.state.sd.us/sessions/2012/Bills/HB1195ENR.pdf
Title: H.B. 1195
Source: legis.state.sd.us

Leadership--Principal/School Leadership--Evaluation and Effectiveness


Signed into law 03/2012

P-12

Provides that beginning in the 2014-2015 school year, any public school district seeking state accreditation must evaluate each certified teacher on an annual basis and each certified principal not less than every other year. Each school district must adopt the model evaluation instrument and procedures for evaluating the performance. (Sec. 38-42)

Teacher evaluations require multiple measures of performance as follows:
o 50% based on quantitative data
o 50% based on qualitative data

Teacher and Principals evaluations are based on the following four-tier rating system:
o Distinguished;
o Proficient;
o Basic; and
o Unsatisfactory.

Maintains that the procedures for evaluation and the model evaluation instrument referenced in may not be the subject of any collective bargaining agreement between a district and the district's teachers. (Sec. 38-42)

Establishes the South Dakota Education Reform Advisory Council to advise upon the implementation of this Act. (Sec. 64)

http://legis.state.sd.us/sessions/2012/Bills/HB1234ENR.pdf
Title: H.B. 1234
Source: http://legis.state.sd.us

School Safety--Bullying Prevention/Conflict Resolution


Signed into law 03/2012

P-12

Requires each school district to adopt a policy prohibiting bullying. If a school district does not have a bullying policy, the district must follow the
model bullying policy in section 6 of this Act until the school district adopts its own bullying policy.

http://legis.state.sd.us/sessions/2012/Bills/SB130ENR.pdf
Title: S.B. 130
Source: http://legis.state.sd.us

Standards--Common Core State Standards


Signed into law 03/2012

P-12

Requires that the Board of Education, prior to adopting any standards proposed through the Common Core State Standards Initiative conduct, over a period of one year, at least four public hearings in order to give members of the public the opportunity to provide input to the board on whether the standards being proposed should be adopted. To begin July 1, 2012.
http://legis.state.sd.us/sessions/2012/Bills/HB1189ENR.pdf
Title: H.B. 1128
Source: legis.state.sd.us

Teaching Quality--Compensation and Diversified Pay


Signed into law 03/2012

P-12

Creates the math and science teacher incentive program for the purpose of providing rewards ($2500) to attract certified teachers who teach in math and science subject areas in middle school and high school or who are certified with a math or science specialist endorsement which they are utilizing for any grade, kindergarten through twelve. Program set to begin in the 2014-2015 school year. School districts cannot opt out. (Sec. 11)

Creates the top teachers reward program for the purpose of providing rewards ($5000) to up to 20% of top (measured by annual teacher data) certified teachers in a district. School districts can opt out. (Sec.17)

Establishes the Local Teacher Reward Plan Advisory Council to provide input in developing one or more model local teacher reward plan applications. (Sec. 30)

Establishes the Local Teacher Reward Plan Oversight Board to establish the application form for the local teacher reward plan, further guidelines for district applications, a system to monitor whether each participating school district is complying with the local teacher reward plan, and penalties for noncompliance. (Sec. 32)

Establishes the South Dakota Education Reform Advisory Council to advise upon the implementation of this Act. (Sec. 64)

http://legis.state.sd.us/sessions/2012/Bills/HB1234ENR.pdf
Title: H.B. 1234
Source: http://legis.state.sd.us

Teaching Quality--Recruitment and Retention


Signed into law 03/2012

P-12

Creates the South Dakota critical teaching needs scholarship program to encourage South Dakota's high school graduates to obtain their postsecondary education in South Dakota for teaching, to remain in the state upon completion of their education, and to contribute to the state and its citizens by working in a critical need teaching area. Program set to begin in the 2013-2014 academic year. (Sec. 1)

Establishes the Critical Teaching Needs Scholarship Board to oversee scholarship program. (Sec. 2)

Establishes the South Dakota Education Reform Advisory Council to advise upon the implementation of this Act. (Sec. 64)

http://legis.state.sd.us/sessions/2012/Bills/HB1234ENR.pdf
Title: H.B. 1234
Source: http://legis.state.sd.us

Teaching Quality--Recruitment and Retention


Signed into law 03/2012

P-12

Creates a Teach for America grant program within the Department of Education with an aim to allow the number of teachers placed to grow from fifty-seven to one hundred by 2015.

http://legis.state.sd.us/sessions/2012/Bills/SB139ENR.pdf
Title: S.B. 139
Source: legis.state.sd.us

Teaching Quality--Tenure or Continuing Contract


Signed into law 03/2012

P-12

Provides that any teacher who is not in or beyond the fourth consecutive term of employment with the school district prior to July 1, 2016, will receive a contract for a period of employment up to one year and will be considered non-tenured. (Sec. 47)

Provides that a school board may or may not renew a non-tenured teacher's contract and can refuse to renew a tenured teacher's contract for just cause, including breach of contract, poor performance, a rating of unsatisfactory on two consecutive evaluations pursuant to section 38 of this Act, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.

Establishes the South Dakota Education Reform Advisory Council to advise upon the implementation of this Act. (Sec. 64)

http://legis.state.sd.us/sessions/2012/Bills/HB1234ENR.pdf
Title: H.B. 1234
Source: http://legis.state.sd.us

Textbooks and Open Source


Signed into law 03/2012

P-12

Updates the definition of the nonsectarian textbooks that are loaned to certain students to include digital materials.

http://legis.state.sd.us/sessions/2012/Bills/SB186ENR.pdf
Title: S.B. 186
Source: legis.state.sd.us

Attendance--Truancy


Signed into law 02/2012

P-12

Revises certain provisions regarding the excuse from attendance of children receiving alternative instruction.http://legis.state.sd.us/sessions/2012/Bills/HB1005ENR.pdf
Title: H.B. 1005
Source: legis.state.sd.us

Background Checks


Signed into law 02/2012

P-12

Permits a school district, at the discretion of the school district, to pay the fees charged for any criminal background investigation that is required by law for a prospective employee. http://legis.state.sd.us/sessions/2012/Bills/HB1124ENR.pdf
Title: H.B. 1124
Source: legis.state.sd.us

Background Checks


Signed into law 02/2012

P-12

Allows for the public inspection or copying of any current or prior contract with any public employee and any related document that specifies the consideration to be paid to the employee.
http://legis.state.sd.us/sessions/2012/Bills/SB106ENR.pdf
Title: S.B. 106
Source: http://legis.state.sd.us

Postsecondary Affordability--Tuition/Fees


Signed into law 02/2012

Postsec.

Exempts veterans from the twelve-month residency requirement for the purposes of tuition and fees. http://legis.state.sd.us/sessions/2012/Bills/SB80ENR.pdf
Title: S.B. 80
Source: http://legis.state.sd.us

Postsecondary Institutions


Signed into law 02/2012

Postsec.

Provides that no postsecondary institution may provide educational programs at physical locations in the state unless it has been issued a certificate of authorization to provide postsecondary education. Once granted by the secretary, authorization is continuous so long as the postsecondary institution continues to meet the requirements set forth in section 4 of this Act.

Acknowledges a list of postsecondary institutions provided in section 3 as being authorized to provide educational programs at physical locations in the state.

Provides that the Office of Attorney General, Division of Consumer Protection, will review and act on complaints concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiring a postsecondary institution to cease its operations in the state.

http://legis.state.sd.us/sessions/2012/Bills/SB191ENR.pdf
Title: S.B. 191
Source: http://legis.state.sd.us

Attendance


Signed into law 03/2011

P-12

Amends statute to state that once a parent or guardian of a child files an application with a school official for excusal,
the child shall be excused, without the necessity of school board action, subject to revocation as provided in this chapter. School boards of all school districts may excuse a child from public school attendance for the reasons set forth in §§ 13-27-6 and 13-27-6.1
http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1133ENR.htm
Title: H.B. 1133
Source: http://legis.state.sd.us

Finance--Bonds


Signed into law 03/2011

Community College

An act to increase the bonding limit of the four technical institutes.
1-16A-77. The aggregate outstanding principal amount of bonds, notes, or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with an LEA or the South Dakota Board of Education under the authority of chapter 13-39, may not exceed one hundred five million dollars for obligations issued by the authority in connection with any lease-purchase agreement with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute or the Mitchell Technical Institute. However, at the option of the authority to be expressed in a resolution or an indenture which authorizes or authorized any refunding bonds, the principal amount of the bonds, notes, or other obligations which are issued to refund, pay, discharge, or defease any outstanding bonds, notes, or other obligations or which are, as a result of issuance of any such refunding obligations, deemed to be paid, discharged, or defeased by reason of an irrevocable deposit of cash or securities, may be excluded from the total principal amount of obligations of the authority for the purpose of determining compliance with the limitation of this section.
http://legis.state.sd.us/sessions/2011/Bills/HB1228ENR.pdf
Title: H.B. 1228
Source: http://legis.state.sd.us

Finance--District


Signed into law 03/2011

P-12

Extend for two years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs.
http://legis.state.sd.us/sessions/2011/Bills/SB111ENR.pdf
Title: S.B. 111
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 03/2011

P-12

Revises certain provisions concerning state aid to education, to revise and provide for the adjustment of the per student allocation for the state aid to general education formula, and to revise certain property tax levies for the general fund of a school district.
http://legis.state.sd.us/sessions/2011/Bills/SB152ENR.pdf
Title: S.B. 152
Source: http://legis.state.sd.us

Health


Signed into law 03/2011

P-12

Establishes policies for youth athletes with concussions resulting from participation in youth athletic activities. The South Dakota High
School Activities Association, working with the Department of Education, will develop guidelines to inform and educate member schools, coaches, athletes, and the parents or guardians of athletes, of the nature and risk of concussion, including continuing to play after sustaining a concussion.
http://legis.state.sd.us/sessions/2011/Bills/SB149ENR.pdf
Title: S.B. 149
Source: http://legis.state.sd.us

Postsecondary Affordability--Financial Aid


Signed into law 03/2011

Postsec.

Establishs the jump start scholarship program to be administered by the Board of Regents. The purpose of the program is to allow a student who graduates from a public high school in three years or less to receive a scholarship funded with a portion of the money saved by the state in state aid to education funding as a result of the student's early graduation if the student enrolls at any college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.
To be eligible for the jump start scholarship program, a student must:
(1)    Be a resident of South Dakota; (2)    Complete the requirements of the recommended high school program as established by the Board of Education, and be awarded a high school diploma by a public high school in three years or less; (3)  Have attended a public high school in South Dakota on a full-time basis for at least two semesters prior to graduating; and (4) Within one year of graduating from high school, excluding any time served on active duty in the armed forces of the United States, enroll in a college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.  No student who enrolls in a high school for all or any part of a fourth year is eligible for the jump start scholarship program.
http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1175ENR.htm
Title: H.B. 1175
Source: http://legis.state.sd.us

Postsecondary Finance--Facilities


Signed into law 03/2011

Postsec.

Authorize the Board of Regents to expend higher education facilities funds to maintain and repair certain facilities occupied under capital leases.
http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1008ENR.htm
Title: H.B. 1008
Source: http://legis.state.sd.us

Postsecondary Finance--Revenue and Expenditures


Signed into law 03/2011

Postsec.

Creates a special fund known as the Board of Regents performance improvement fund. All monies in this fund are dedicated for the purposes of leveraging non-state grant funding for research infrastructure and improving postsecondary students' academic success. Interest earned on money in the fund is to be deposited into the fund. Expenditures from the fund are to be appropriated through the normal budgeting process. The Board of Regents may accept, for the purposes of this act, any funds obtained from federal sources, gifts, contributions or any other source if such acceptance and expenditure is approved in accordance with Section 4-8B-10. The executive director of the Board of Regents is to approve vouchers and the state auditor is to draw warrants to pay expenditures authorized by this act. Appropriation from the general fund in the sum of $1,500,000 is directed to the Board of Regents performance improvement fund.
http://legis.state.sd.us/sessions/2011/Bills/HB1235ENR.pdf
Title: H.B. 1235
Source: http://legis.state.sd.us

School/District Structure/Operations--District Size


Signed into law 03/2011

P-12

Revise the criteria used to exempt certain school districts from the requirement to reorganize. Section amended to read:
After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to 100 or below, the school district is to prepare a plan for reorganization within two years. If the district fails to prepare a plan for reorganization by the deadline, the Board of Education is to prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district that receives no foundation program state aid distributed pursuant to Chapter 13-13, and that is located at least 25 miles from the nearest high school in an adjoining school district in the state.
http://legis.state.sd.us/sessions/2011/Bills/HB1093ENR.pdf
Title: H.B. 1093
Source: http://legis.state.sd.us/

School/District Structure/Operations--Transportation


Signed into law 03/2011

P-12

An Act requiring school boards to approve pick-up locations for any open enrolled students who are transported in their resident school districts by receiving school districts.
http://legis.state.sd.us/sessions/2011/Bills/SB77ENR.pdf
Title: S.B. 77
Source: http://legis.state.sd.us

Special Education--Finance


Signed into law 03/2011

P-12

An Act to authorize a carryover of the fiscal year 2011 state aid to special education appropriation to fiscal year 2012.
Notwithstanding the provisions of §§ 4-8-19 and 13-37-40, any unencumbered funds appropriated from the general fund by subdivision (3) of section 11 of chapter 25 of the 2010 Session Laws for state aid to special education, equal to an amount necessary to meet the federal maintenance of effort requirement, shall be carried forward to fiscal year 2012. The Act is effective June 28, 2011.
http://legis.state.sd.us/sessions/2011/Bills/HB1249ENR.pdf
Title: H.B. 1249
Source: http://legis.state.sd.u

Special Education--Finance


Signed into law 03/2011

P-12

Revise certain allocations for disabilities in the state aid for special education formula.
http://legis.state.sd.us/sessions/2011/Bills/SB192ENR.pdf
Title: S.B. 192
Source: http://legis.state.sd.us

Student Supports--Counseling/Guidance


Signed into law 03/2011

P-12

Prohibit school districts from employing school counselors who are not certified.
http://legis.state.sd.us/sessions/2011/Bills/HB1070ENR.pdf
Title: H.B. 1070
Source: http://legis.state.sd.us

Students--Athletics/Extracurricular Activities


Signed into law 03/2011

P-12

An Act to allow nonpublic schools accredited by certain accrediting agencies other than the Department of Education to become members of the South Dakota High School Activities Association.
http://legis.state.sd.us/sessions/2011/Bills/SB65ENR.pdf
Title: S.B. 65
Source: http://legis.state.sd.us

Choice of Schools--Charter Schools


Signed into law 03/2010

P-12

Provides for the establishment of a pilot charter school in the state if the Department of Education receives a federal grant under the American Recovery and Reinvestment Act to fund such school; provides the application plan process for any entity seeking to establish a charge school; provides that American Indian students from federally recognized tribes shall be given enrollment priority; provides no school established may generate or request local property tax revenue from the local school district.
http://legis.state.sd.us/sessions/2010/Bills/SB63ENR.pdf
Title: S.B. 63
Source: http://legis.state.sd.us

Finance


Signed into law 03/2010

P-12

Revises property tax levies for the general fund of a school district; relates to agricultural property and single-family dwellings.
http://legis.state.sd.us/sessions/2010/Bills/SB67ENR.pdf
Title: S.B. 67
Source: http://legis.state.sd.us

Postsecondary Affordability--Financial Aid


Signed into law 03/2010

P-12,
Postsec.

Provides that any student who does not meet certain high school course requirements is eligible for the opportunity scholarship program by passing the American College Testing Program test or the Scholastic Assessment Test with a specified score so as not to require remediation in any of those areas.
http://legis.state.sd.us/sessions/2010/Bills/HB1160ENR.pdf
Title: H.B. 1160
Source: http://legis.state.sd.us

Postsecondary Affordability--Financial Aid


GOVERNOR'S veto overridden by SENATE. 03/2010

Postsec.

Creates the state need-based grant fund; provides for the awarding of need-based grants; repeals provisions regarding tuition equalization grants and technical education.
Title: H.B. 1240
Source: Lexis-Nexis/StateNet

School/District Structure/Operations--District Consolidation/Deconsolidation


Signed into law 03/2010

P-12

Eliminates the consolidation financial incentives for any school districts that consolidate after July 1, 2010.
http://legis.state.sd.us/sessions/2010/Bills/HB1181ENR.pdf
Title: H.B. 1181
Source: http://legis.state.sd.us/

Special Populations--Military


Signed into law 03/2010

P-12

Adopts the interstate compact on educational opportunity for military children; provide for transfer of school records.
http://legis.state.sd.us/sessions/2010/Bill.aspx?Bill=88
Title: S.B. 88
Source: http://legis.state.sd.us

Teaching Quality--Evaluation and Effectiveness


Signed into law 03/2010

P-12

Establishes standards for teaching; requires an annual teacher evaluation; provides for the development of a model evaluation instrument.
http://legis.state.sd.us/sessions/2010/Bills/SB24ENR.pdf
Title: S.B. 24
Source: http://legis.state.sd.us

Curriculum


Signed into law 02/2010

P-12

Requires the Department of Education to develop a framework for entrepreneurship education for use at middle and high school levels.
http://legis.state.sd.us/sessions/2010/Bills/HB1152ENR.pdf
Title: H.B. 1152
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 02/2010

P-12

Repeals provisions related to tuition for students transferring from a resident district that does not receive state aid to education; repeals provisions related to state aid to education for students transferring to a nonresident school district that does not receive state aid to education.
http://legis.state.sd.us/sessions/2010/Bills/SB25ENR.pdf
Title: S.B. 25
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 02/2010

P-12

Revises the definition of the general fund base percentage in the calculation of state aid to education.
http://legis.state.sd.us/sessions/2010/Bills/HB1108ENR.pdf
Title: H.B. 1108
Source: http://legis.state.sd.us

Special Education--Finance


Signed into law 02/2010

P-12

Authorizes the transfer of certain special education funds to other funds under certain conditions; provides that in any fiscal year in which a school district is allocated federal Individuals with Disabilities Education Act funds greater than the allocation received in the prior fiscal year, the school district may transfer certain local special education funds to any other fund to carry out activities that could be supported with funds under the Elementary and Secondary Education Act of 1965.
http://legis.state.sd.us/sessions/2010/Bill.aspx?File=HB1020ENR.htm
Title: H.B. 1020
Source: http://legis.state.sd.us/

Teaching Quality--Certification and Licensure


Signed into law 02/2010

P-12

Repeals the requirement for school districts to have teaching certificates on file; relates to contracts and academic training.
http://legis.state.sd.us/sessions/2010/Bill.aspx?File=HB1024ENR.htm
Title: H.B. 1024
Source: http://legis.state.sd.us

Career/Technical Education


Signed into law 03/2009

P-12

Revises certain provisions regarding school attendance and enrollment in the Job Corps.
http://legis.state.sd.us/sessions/2009/Bills/SB126ENR.pdf
Title: S.B. 126
Source: http://legis.state.sd.usf

Finance


Signed into law 03/2009

P-12

Repeals the provision that requires cooperatives to set aside a portion of the net proceeds as an education fund.
http://legis.state.sd.us/sessions/2009/Bills/SB136ENR.pdf
Title: S.B. 136
Source: http://legis.state.sd.us/

Finance


Signed into law 03/2009

P-12

Requires a searchable internet website for the posting and access of certain public records and financial information of the state, municipalities, counties, school districts and other political subdivisions.
http://legis.state.sd.us/sessions/2009/Bills/SB143ENR.pdf
Title: S.B. 143
Source: http://legis.state.sd.us

Finance--District


Signed into law 03/2009

P-12

Allows certain school districts, for a period of years, to expend capital outlay funds for certain motor fuel transportation costs; includes the purchase of property and casualty insurance, energy costs and for utilities costs; restricts use of outlay funds.
http://legis.state.sd.us/sessions/2009/Bills/SB91ENR.pdf
Title: S.B. 91
Source: http://legis.state.sd.us/

Finance--District


Signed into law 03/2009

P-12

Rescinds the repeal on funding for certain sparse school districts that will take effect on June 30, 2009.
http://legis.state.sd.us/sessions/2009/Bills/SB88ENR.pdf
Title: S.B. 88
Source: http://legis.state.sd.us/

Finance--Funding Formulas


Signed into law 03/2009

P-12

Revises the funding of elementary and secondary education and to increase the required minimum size of a school district. Excludes any federal stimulus funds received under the provisions of the American Recovery and Reinvestment Act of 2009 when determining a school's allowable general fund balance.
http://legis.state.sd.us/sessions/2009/Bills/HB1254ENR.pdf
Title: H.B. 1254
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 03/2009

P-12

Revises the index factor in the state aid to general education formula, sets a maximum per student allocation for school districts with an excess general fund balance; requires the Legislature to estimate general fund revenues for the current fiscal year and the next fiscal year; revises provisions regarding the distribution of funds to sparse school districts; appropriates funds to distribute to spare school districts.
http://legis.state.sd.us/sessions/2009/Bills/SB101ENR.pdf
Title: S.B. 106
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 03/2009

P-12

Revises the property tax levies for the general fund of a school district.
http://legis.state.sd.us/sessions/2009/Bills/SB80ENR.pdf
Title: S.B. 80
Source: http://legis.state.sd.us/

Finance--Funding Formulas


Signed into law 03/2009

P-12

Allows resident students that attend school out of state to be counted in the resident school district's average daily membership for the purpose of distributing school and public lands funds.
http://legis.state.sd.us/sessions/2009/Bills/SB132SFV.pdf
Title: S.B. 132
Source: http://legis.state.sd.us

Finance--Taxes/Revenues


Signed into law 03/2009

P-12

Revises the annual property tax levies for the general fund of a school district; provides that any adjustment to the levy for agricultural property shall be based upon the change in the statewide agricultural taxable valuation and the reclassification of agricultural property to another property classification.
http://legis.state.sd.us/sessions/2009/Bills/SB149ENR.pdf
Title: S.B. 149
Source: http://legis.state.sd.us

Finance--Taxes/Revenues--Alternative Revenues


Signed into law 03/2009

P-12

Provides that school district governing boards may authorize one or more private, nonprofit benevolent organizations to, independently of the control of the school district, accept and solicit donations, gifts, grants, or other private financial resources for the ultimate benefit of the educational or interscholastic activities of the school district; provides that the funds may not be used for capital acquisition, debt retirement, or ordinary expenditures or expenses.
http://legis.state.sd.us/sessions/2009/Bills/SB165ENR.pdf

Title: S.B. 165
Source: http://legis.state.sd.us

Governance--School Boards


Signed into law 03/2009

P-12

Provides that the voters of any school district may amend the number of board members by a majority vote of all voters.
http://legis.state.sd.us/sessions/2009/Bills/HB1067ENR.pdf
Title: H.B. 1067
Source: http://legis.state.sd.us

High School--Graduation Requirements


Signed into law 03/2009

P-12

Revises graduation requirements for students entering the ninth grade in 2009; eliminates the option of the basic high school program; relates to the scholarship program.
http://legis.state.sd.us/sessions/2009/Bills/SB185ENR.pdf
Title: S.B. 185
Source: http://legis.state.sd.us/

Postsecondary Affordability--Financial Aid


Signed into law 03/2009

Postsec.

Revises the General Appropriations Act for fiscal year 2009 to fund the state Opportunity Scholarship.
http://legis.state.sd.us/sessions/2009/Bills/SB164ENR.pdf
Title: S.B. 164
Source: http://legis.state.sd.us/

Postsecondary Finance


Signed into law 03/2009

Postsec.

Increases expenditure authority previously granted to the Board of Regents; designates circumstances in which such authority may be used; appropriates funds.
http://legis.state.sd.us/sessions/2009/Bills/HB1074ENR.pdf
Title: H.B. 1074
Source: http://legis.state.sd.us

Postsecondary Finance


Signed into law 03/2009

Community College,
Postsec.

Appropriates funds to the postsecondary technical institutes for program enhancement; requires reporting on funds received.
http://legis.state.sd.us/sessions/2009/Bills/SB117ENR.pdf
Title: S.B. 117
Source: http://legis.state.sd.us

Postsecondary Institutions--For-Profit/Proprietary


Signed into law 03/2009

Postsec.

Allows a person or entity to offer postsecondary education credit while seeking accreditation from a recognized accrediting agency; relates to an affiliation agreement; relates to financial aid programs, transcripts and federal financial aid.
http://legis.state.sd.us/sessions/2009/Bills/HB1149ENR.pdf
Title: H.B. 1149
Source: http://legis.state.sd.us

School/District Structure/Operations


Signed into law 03/2009

P-12

Requires school districts to keep contiguous boundaries when reorganizing; permits exceptions.
http://legis.state.sd.us/sessions/2009/Bills/SB38ENR.pdf
Title: S.B. 38
Source: http://legis.state.sd.us/

School/District Structure/Operations--District Consolidation/Deconsolidation


Signed into law 03/2009

P-12

Makes an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.
http://legis.state.sd.us/sessions/2009/Bills/SB39ENR.pdf
Title: S.B. 39
Source: http://legis.state.sd.us/

School/District Structure/Operations--District Consolidation/Deconsolidation


Signed into law 03/2009

P-12

Requires a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state; temporarily exempts certain school districts from the requirement to reorganize due to low enrollment.
http://legis.state.sd.us/sessions/2009/Bills/SB174ENR.pdf
Title: S.B. 174
Source: http://legis.state.sd.us/

School/District Structure/Operations--Shared Services


Signed into law 03/2009

P-12

Allows school districts to enter into contractual agreements with school boards of other school districts to provide for the whole-grade sharing of students among participating districts.
http://legis.state.sd.us/sessions/2009/Bills/SB140ENR.pdf
Title: S.B. 140
Source: http://legis.state.sd.us/

Special Education


Signed by Governor 03/2009

P-12

Clarifies the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.
http://legis.state.sd.us/sessions/2009/Bills/SB101ENR.pdf
Title: S.B. 101
Source: http://legis.state.sd.us

Special Education--Finance


Signed into law 03/2009

P-12

Revises allocations for disabilities in the state aid for special education formula.
http://legis.state.sd.us/sessions/2009/Bills/SB190ENR.pdf
Title: S.B. 190
Source: http://legis.state.sd.us/

Assessment


Signed into law 02/2009

P-12

Repeals the provisions for the state Academic Achievement Test Advisory Council.
http://legis.state.sd.us/sessions/2009/Bills/HB1045ENR.pdf
Title: H.B. 1045
Source: http://legis.state.sd.us

Career/Technical Education


Signed into law 02/2009

P-12

Defines "Multidistrict, career and technical academy," as an educational entity designed to provide career and technical education and academic courses that prepare youth for a wide range of careers that require varying levels of education. Strengthens integration of academic and career courses. http://legis.state.sd.us/sessions/2009/Bills/HB1044ENR.pdf
Title: H.B. 1044
Source: http://legis.state.sd.us

School/District Structure/Operations--District Consolidation/Deconsolidation


Vetoed 02/2009

P-12

Exempts a school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.
http://legis.state.sd.us/sessions/2009/Bill.aspx?File=HB1171ENR.htm
Title: H.B. 1171
Source: http://legis.state.sd.us

Student Supports--Counseling/Guidance


Signed into law 02/2009

P-12

Reimburses and rewards public school counselors who earn the credential of National Certified School Counselor.
http://legis.state.sd.us/sessions/2009/Bill.aspx?File=HB1186ENR.htm
Title: H.B. 1186
Source: http://legis.state.sd.us

Career/Technical Education


Adopted 08/2008

P-12

Amends Career/Technical Education rules to improve the accountability system. Amends Early Intervention Program rules for clarification, eligibility changes and rate changes. Amends Accreditation and School Improvement rules regarding certification of non- certified administrators. SOUTH DAKOTA 4400
http://legis.state.sd.us/rules/RulesList.aspx
Title: 24:10:42:24; 24:43:13:01; 24:43:13:02
Source: http://legis.state.sd.us

Career/Technical Education


Adopted 04/2008

Postsec.

Amends rules to assure that current practices for training instructional staff at the post-secondary technical institutes are up-to-date by changing from "vocational" to "career and technical," and to change the number of credits required in the first two years of teaching. Amends rules regarding credentials. Amends National Board for Professional Teaching Standards Certification rules to add individuals deemed as school services specialists as well as administrators to be compensated for receiving National Board Certification.
http://legis.state.sd.us/rules/RulesList.aspx
Title: 24:10:45:01, :02, :06 thru :10, inclusive, :16, :17
Source: http://legis.state.sd.u

Finance--Bonds


Signed into law 03/2008

Community College

Increases the maximum allowable outstanding amount of bonds issued by the Health and Educational Facility Authority on behalf of four technical institutes.
http://legis.state.sd.us/sessions/2008/Bills/HB1218ENR.pdf
Title: H.B. 1218
Source: http://legis.state.sd.us

Students--Records/Rights


Signed into law 03/2008

P-12

Requires that most records and applications regarding a minor child reference the names and addresses of both parents; includes medical, dental, orthodontia, optometric, school records, counseling, psychiatric, psychotherapy and other records subject to confidentiality or privilege; provides that such records shall be available to both parents.
http://legis.state.sd.us/index.aspx
Title: H.B. 1090
Source: http://legis.state.sd.us

Career/Technical Education


Signed into law 02/2008

P-12

Provides state aid to education to certain school districts for students who currently attend a high school primarily focused on career and technical education that is operated by an eligible school district and who, immediately prior to attending the high school primarily focused on career and technical education, was enrolled in a school district other than the eligible school district
http://legis.state.sd.us/index.aspx.
Title: S.B. 155
Source: http://legis.state.sd.us

Demographics--Enrollments


Signed into law 02/2008

P-12

Revises certain provisions related to the local school district interstate enrollment options program.
http://www.ecs.org/html/offsite.asp?document=http://legis.state.sd.us/index.aspx
Title: S.B. 21
Source: http://legis.state.sd.us

Finance


Signed into law 02/2008

P-12

Revises the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Executive Management, the Department of Game, Fish and Parks, the Department of Transportation, the Department of Education, the Board of Regents, the Department of Human Services, the Department of Environment and Natural Resources, and the Unified Judicial System.
http://legis.state.sd.us
Title: H.B. 1087
Source: http://legis.state.sd.us

Finance--District


Signed into law 02/2008

P-12

Revises provisions related to the payment of additional funds to consolidated school districts for average daily membership; declares an emergency.
http://legis.state.sd.us/index.aspx
Title: S.B. 22
Source: http://legis.state.sd.us

Finance--District


Signed into law 02/2008

P-12

Repeals requirements related to school district employee retirement benefits.
http://legis.state.sd.us/index.aspx
Title: H.B. 1143
Source: http://legis.state.sd.us/

Finance--Equity


Signed into law 02/2008

P-12

Appropriates money from the general fund to the Department of Education for the purpose of making payments to sparse school districts.
http://legis.state.sd.us
Title: H.B. 1047
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 02/2008

P-12

Allows any school district that qualifies for both the declining enrollment allowance and the growing enrollment payment in the same fiscal year to only benefit from the one that provides the most additional funding to the district; relates to average daily membership of resident and nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections or other state agencies.
http://legis.state.sd.us/index.aspx
Title: H.B. 1288
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 02/2008

P-12

Revises the General Education State Aid Formula for purposes of increasing teachers' salaries; revises provisions related to payments of additional funds to consolidating school districts.
http://legis.state.sd.us
Title: S.B. 187
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 02/2008

P-12

Revises property tax levies for the general fund of a school district; provides maximum tax levies for agricultural property, an owner-occupied single- family dwelling, nonagricultural acreage property, and all other property within the district. Slightly reduces (by approximately 4%) the school fund tax levees for agricultural, homestead and large nonagricultural acreage properties.
http://legis.state.sd.us
Title: H.B. 1120
Source: http://legis.state.sd.us

Governance--Ethics/Conflict of Interest


Signed into law 02/2008

P-12,
Postsec.,
Community College

Prohibits the use of a false academic degree or a degree that is not completed to obtain employment, a promotion, admission to postsecondary education or in connection with any business, trade or occupation.
http://legis.state.sd.us/index.aspx
Title: H.B. 1138
Source: http://legis.state.sd.us

Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian


Signed into law 02/2008

P-12

Revises certain provisions regarding Indian education; provides for teacher studies.
http://legis.state.sd.us/sessions/2008/Bills/HB1050ENR.pdf
Title: H.B. 1050
Source: http://legis.state.sd.us

Online Learning--Virtual Schools/Courses


Signed into law 02/2008

P-12

Changes the state virtual high school to the state virtual school.
http://legis.state.sd.us/sessions/2008/Bills/HB1312ENR.htm
Title: H.B. 1312
Source: http://legis.state.sd.us

Postsecondary


Signed into law 02/2008

Postsec.

Authorizes the Governor to enter the Midwestern Regional Higher Education Compact; provides for the appointment of resident members to the Midwestern Regional Higher Education Commission.
http://legis.state.sd.us
Title: S.B. 153
Source: http://legis.state.sd.us

Postsecondary Affordability--Financial Aid


Signed into law 02/2008

Postsec.

Revises the General Appropriations Act for fiscal year 2008; increases amounts to be transferred to the opportunity scholarships.
http://legis.state.sd.us/index.aspx
Title: H.B. 1274
Source: http://legis.state.sd.us

Postsecondary Affordability--Tuition/Fees


Signed into law 02/2008

Postsec.

Provides for the funding of reduced tuition programs for veterans and teachers.
http://legis.state.sd.us
Title: H.B. 1224
Source: http://legis.state.sd.us

Postsecondary Affordability--Tuition/Fees


Signed into law 02/2008

Postsec.

An act to revise certain eligibility requirements for the state Opportunity Scholarship.
http://legis.state.sd.us
Title: S.B. 201
Source: http://legis.state.sd.us

Postsecondary Finance


Signed into law 02/2008

Postsec.

Provides funds to postsecondary technical institutes
http://legis.state.sd.us/index.aspx.
Title: H.B. 1226
Source: http://legis.state.sd.us

Postsecondary Finance


Vetoed 02/2008

Postsec.

Establishes a new system of funding for the postsecondary technical institutes; requires the Board of Education to evaluate the apportionment and distribution of state funds to the state's postsecondary technical institutes and report its findings and recommendations to the Legislature and the Governor; establishes within the state treasury the postsecondary technical institute auxiliary fund.
http://legis.state.sd.us
Title: H.B. 1016
Source: http://legis.state.sd.us

Postsecondary Participation--Admissions Requirements


Signed into law 02/2008

P-12,
Postsec.

Revises eligibility requirements for the opportunity scholarship by allowing a student to take the ACT or SAT test after graduating from high school.
http://legis.state.sd.us/sessions/2008/Bills/HB1186ENR.htm
Title: H.B. 1186
Source: http://legis.state.sd.us/sessions

Special Education


Vetoed 02/2008

P-12

Requires the Department of Education and the Board of Regents to establish programs and policies for children who are deaf and hard-of-hearing.
http://legis.state.sd.us
Title: H.B. 1242
Source: http://legis.state.sd.us

Special Education--Finance


Signed into law 02/2008

P-12

Revises provisions related to the calculation of state aid to special education; includes a cognitive disability; provides for nonresident students in the care and custody of a state agency.
Title: H.B. 1045
Source: Lexis-Nexis/StateNet

Teaching Quality--Compensation and Diversified Pay


Signed into law 02/2008

P-12

Revises certain provisions regarding the teacher compensation assistance program.
http://legis.state.sd.us/sessions/2008/Bills/HB1044ENR.htm
Title: H.B. 1044
Source: http://legis.state.sd.us

Postsecondary Accountability--Accreditation


Adopted 10/2007

Postsec.

Amends rules to allow school service specialists to add a teaching program to their current certificate upon completion of a full degree. Requires that non- public and tribal schools follow the same standards for accreditation, and that all schools submit a "plan of intent" for staff that are not properly certified or qualified to teach in all content areas. SOUTH DAKOTA 4312
Title: SDR 24:15:03:08, :10, :43:01:01, :02:02, :08, :09:03
Source: Lexis-Nexis/StateNet

Teaching Quality--Certification and Licensure


Adopted 04/2007

P-12

Amends rules to allow those teachers who have experience and request certification to be exempt from the pedagogy test that measures "how do I teach"and not to require those that let their certificate that lapses to have to take all the content tests in their endorsement areas. Amends rules to explain clearly what constitutes a fine arts credit. Amends rules to update the Special Education rules to assure they are aligned clearly with changes to IDEA.
Title: 24:15:02:08, 24:43:01:01
Source: Lexis-Nexis/StateNet

Accountability--Accreditation


Signed into law 03/2007

P-12

Adds support activities related to school accreditation and teacher training and retention to the list of purposes for use of the State Institute Fund by the Department of Education.
http://legis.state.sd.us/sessions/2007/bills/SB68enr.pdf
Title: S.B. 68
Source: http://legis.state.sd.us

Attendance


Signed into law 03/2007

P-12

Amends 13-28-2 to read: Any child who is five years old on the first day of September is eligible for enrollment in kindergarten during that school year. Any child who is six years old by September first is eligible for enrollment in first grade during that school year. Any child who transfers from another state may proceed in a continuous educational program without interruption.Deletes the provision that any child in a kindergarten or prekindergarten program who was in compliance with the statutory eligibility dates in effect at the time of his enrollment (5 by September 1) may proceed in a continuous educational program without interruption.Deletes provision that any child who is six years old by September first is eligible for enrollment in first grade during that school year. Deletes provision "Any child under the age of five is eligible for admittance to a nursery school."
http://legis.state.sd.us/sessions/2007/bills/SB33SED.pdf
Title: S.B. 33
Source: http://legis.state.sd.us

Attendance


Signed into law 03/2007

P-12

Increases the compulsory attendance age for school attendance from 16 to 18, unless the child has graduated or is excused per certain provisions.
http://www.legis.state.sd.us/sessions/2007/bills/SB199enr.pdf
Title: S.B. 199
Source: http://www.legis.state.sd.us

Career/Technical Education


Vetoed 03/2007

Community College,
Postsec.

Establishes a State Board of Technical Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer of authority over public postsecondary technical education from the Department of Education to the State Board of Technical Institutes.
http://legis.state.sd.us/sessions/2007/bills/SB95enr.pdf
Veto message: http://legis.state.sd.us/sessions/2007/journal/jrnS03261000.htm#23409
Title: S.B. 95
Source: http://legis.state.sd.us

Choice of Schools--Choice/Open Enrollment


Signed into law 03/2007

P-12

Allows the Department of Education to enter into enrollment agreements with the State of Iowa.
http://legis.state.sd.us/sessions/2007/bills/HB1236enr.pdf
Title: H.B. 1236
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 03/2007

P-12

Revises the state aid to education formula and sets funding amounts to reimburse districts that choose to consolidate.
http://www.legis.state.sd.us/sessions/2007/bills/SB157CNF.pdf
Title: S.B. 157
Source: http://www.legis.state.sd.us

Finance--Funding Formulas


Signed into law 03/2007

P-12

Revises provisions relating to the distribution of state aid funds to sparse school districts.Defines sparse school districts as having an adjusted average daily membership of less than 100 or greater than 275. Amends formula for calculating sparsity aid.
http://legis.state.sd.us/sessions/2007/bills/SB32enr.pdf
Title: S.B. 32
Source: http://legis.state.sd.us

Governance


Signed into law 03/2007

P-12

Part of this bill requires the secretary of the Department of Education shall establish seven education service agencies to provide services and leadership to school districts on a regional basis.Education service agencies are authorized to: (1) Act primarily as a service agency in providing services and programs as identified and requested by the school districts it serves, including professional development, instructional materials, educational technology, curriculum development, and alternative educational programs; (2) Provide for economy, efficiency, and cost effectiveness in the cooperative delivery and purchase or lease of educational services, materials, and products; the services may include purchasing cooperatives, insurance cooperatives, business management services, auditing and accounting services, school safety and risk prevention training, data processing, and assistance with student records; (3) Provide administrative services such as communications and public relations services, (4) Provide educational services through leadership and research and development in elementary and secondary education; (5) Work cooperatively with the Department of Education, institutions of higher education, local school districts, and other educational organizations to support, develop, and implement long-range plans and strategic goals for the enhancement of educational opportunities in elementary and secondary education; and (6) Serve, when appropriate and if funds are available, as a repository, clearinghouse, and administrator of federal, state, local, and private funds on behalf of school districts that may participate in special programs, projects, or grants in order to enhance the quality of education. Each education service agency shall have an advisory board. Creates a statewide leadership board, composed of the fiscal agent from each education service agency and a representative from the Department of Education, shall be created to establish uniform policies among the education service agencies and to allow for communication and the exchange of ideas.Each year, the Department of Education shall conduct an assessment and a performance evaluation of each education service agency and submit its findings in writing to the Legislature.

Appropriates $1.7 million from the education enhancement tobacco tax fund the regional service agencies. Appropriates from the same fund $1.5 million for career and technical education programs and $1.8 to any increases in the foundation program.
http://www.legis.state.sd.us/sessions/2007/bills/HB1171enr.pdf
Title: H.B. 1171
Source: http://www.legis.state.sd.us

Instructional Approaches--Homeschooling


Signed into law 03/2007

P-12

Requires a school district of a child excused from school attendance (home schooled) pursuant to § 13-27-2 to admit that child to a public school in the district upon request from the child's parent or legal guardian. A child enrolled in a school district pursuant to this section may be enrolled in a school of the school district on only a partial basis. Requires a school district to grant a request to admit into the district a child who is a resident of another school district and who is excused from attending school in the resident district (is home schooled), unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district.
http://legis.state.sd.us/sessions/2007/bills/HB1266enr.pdf
Title: H.B. 1266
Source: http://legis.state.sd.us

Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian


Signed into law 03/2007

P-12

Provides for an Office of Indian Education and an Indian Education Advisory Council. Requires the Council to consist of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state; requires teachers new to the state, new to the profession or certified since 1993 to complete complete a three-hour course in South Dakota Indian studies. Establishes the South Dakota American Indian language revitalization program and requires the Office of Indian Education to develop a pilot program to offer instruction in the Lakota language to educators of South Dakota American Indian students. The pilot program may be extended to offer instruction in the Lakota language directly to South Dakota American Indian students.
http://legis.state.sd.us/sessions/2007/bills/HB1290enr.pdf
Title: H.B. 1290
Source: Lexis-Nexis/StateNet

No Child Left Behind--Adequate Yearly Progress


Signed into law 03/2007

P-12

Repeals provisions related to distribution of funds to school districts based on adequate yearly progress (§ 13-3-70 through 72).
http://legis.state.sd.us/sessions/2007/bills/SB67enr.pdf
Title: S.B. 67
Source: http://legis.state.sd.us

Online Learning--Virtual Schools/Courses


Signed into law 03/2007

P-12

Adds a new section. Prohibits school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School unless any of the following conditions apply:
(1) The course is provided through an agreement among accredited school districts;
(2) The course is a university 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 High School and is preapproved
by the secretary of education.
http://www.legis.state.sd.us/sessions/2007/bills/HB1113enr.pdf
Title: H.B. 1113
Source: http://www.legis.state.sd.us/

Postsecondary Institutions--Community/Technical Colleges


Signed into law 03/2007

Community College,
Postsec.

Creates the Technical Institute task force to study permanent funding options for the state technical institutes; provides for its composition; makes an appropriation; declares an emergency.
http://legis.state.sd.us/sessions/2007/bills/HB1279enr.pdf
Title: H.B. 1279
Source: http://legis.state.sd.us

Accountability--Sanctions/Interventions


Signed into law 02/2007

P-12

Establishes process for following up on allegations of certified personnel and teachers for compromising the integrity of a state-required academic achievement test. Allows the suspension or revocation of the certificate of any certified staff person who knowingly compromises the integrity of a state-required academic achievement test provided to students.
http://www.legis.state.sd.us/sessions/2007/bills/HB1033enr.pdf
Title: H.B. 1033
Source: http://www.legis.state.sd.us

Assessment


Signed into law 02/2007

P-12

Revises the required grade levels for assessment of writing skills by every public school district. Changes from grades 5 and 9 to "at least two grade levels."
http://www.legis.state.sd.us/sessions/2007/bills/HB1035enr.pdf
Title: H.B. 1035
Source: http://www.legis.state.sd.us

Choice of Schools--Choice/Open Enrollment


Signed into law 02/2007

P-12

Removed provision that required students who are not residents of South Dakota to reside in school districts that border South Dakota in order to participate in interstate enrollment options program between North and South Dakota.
http://www.legis.state.sd.us/sessions/2007/bills/HB1038enr.pdf
Title: H.B. 1038
Source: http://www.legis.state.sd.us

State Longitudinal Data Systems


Signed into law 02/2007

P-12

Revises provisions regarding data submission. Requires any school district or school seeking state accreditation shall submit enrollment data, personnel data, and verify all state and federal standards for accreditation and approval of schools, including those related to safety and educational equity of the school district or school by October fifteenth of each year.
http://www.legis.state.sd.us/sessions/2007/bills/HB1034enr.pdf
Title: H.B. 1034
Source: http://www.legis.state.sd.us

Technology


Signed into law 02/2007

P-12

Repeals provisions establishing the Office of Educational Technology (roles infused within department).
Title: S.B. 27
Source: South Dakota Legislative Web Site

Finance--Taxes/Revenues


Unofficially approved by Voters. 11/2006

P-12

(INITIATED MEASURE 2) Increases the tax on cigarettes and tobacco products; dedicates revenue for tobacco prevention and cessation program, for property tax reduction, for education enhancement and for health care; makes an appropriation.
Title: V. 5
Source: Lexis-Nexis/StateNet

Online Learning--Virtual Schools/Courses


Adopted 10/2006

P-12

Amends rules to establish the process for the accreditation and program approval of teacher preparation programs and closely align the rules tothe requirements of the National Council for Accreditation of Teacher Education (NCATE). Creates the structural guidelines for the South Dakota Virtual HighSchool, which will provide expanded opportunities for students needing creditrecovery, students who are home schooled and will support school districts thatare unable to find qualified staff to fill courses required for high schoolgraduation. SOUTH DAKOTA 4219
Title: Article 24:16, 24:43:12:09 to :11 inclusive, Article 24:53
Source: Lexis-Nexis/StateNet

Scheduling/School Calendar


Active 05/2006

P-12

(Initiated Measure 3) Restricts the start of a regular school term prior to the last day of August. On 11/07/2006 Ballot.

http://www.sdsos.gov/electionsvoteregistration/upcomingelection_ballotquestionstatus.shtm
Title: Measure 3 (V. 6)
Source: South Dakota Secretary of State

Accountability--Sanctions/Interventions


Signed into law 03/2006

P-12

Appropriates funds to increase funding to education and to assist sparse school districts; requires legislation as part of the final report of the study of school funding. School districts that meet adequate yearly progress in reading and math under the terms of the state's accountability system receive funding. Those school districts that fail to meet adequate yearly progress under the terms of the state's accountability system may apply to the department for a grant to assist the district in meeting future academic targets.
http://legis.state.sd.us/sessions/2006/bills/SB198enr.pdf
Title: S.B. 198
Source: Lexis-Nexis/StateNet

Demographics--Enrollments


Signed into law 03/2006

P-12

Adds a new section. A student is enrolled if:
(1) The student is less than twenty-one years of age on the first day of July or the student is twenty-one years of age or older and is admitted to the school district pursuant to § 13-28-8; and
(2) The student has not completed an approved program or graduated from high school; and
(3) The student's parent or guardian resides within the school district, or in the case of an emancipated minor or an adult admitted to the district pursuant to § 13-28-8, the student resides within the district or the student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in § 13-28-40; and
(4) The student is not simultaneously enrolled in any other school district and has not been
excused from school attendance under the terms of § 13-27-1.1 or § 13-27-2.
http://legis.state.sd.us/sessions/2006/bills/HB1079enr.pdf
http://legis.state.sd.us/sessions/2006/bills/HB1176enr.pdf
Title: H.B. 1079, H.B. 1176
Source: http://legis.state.sd.us

Online Learning--Virtual Schools/Courses


Signed into law 03/2006

P-12

Creates a Virtual High School to provides choice accessibility, flexibility, quality and equity in curricular offerings for high school -aged students in the state; establishes an advisory council. Authorizes the purchase of 263 acres of specific property that can only be used for education or research.
http://legis.state.sd.us/sessions/2006/bills/HB1238enr.pdf
Title: H.B. 1236
Source: http://legis.state.sd.us

P-3 Grades 1-3


Signed into law 03/2006

P-12

Requires all children to attend kindergarten; establishes a minimum length of time for kindergarten programs; provides that any child under a specified age is eligible for admittance to a nursery school.
http://legis.state.sd.us/sessions/2006/bills/HB1175enr.pdf
Title: H.B. 1175
Source: http://legis.state.sd.us

Teaching Quality--Compensation and Diversified Pay


Signed into law 03/2006

P-12

Increases the length of time for which nationally certified teachers may receive stipends to be paid upon receipt of documentation of certification completion. During the first five years, the state department stipend is $1000 and the district's is $1000. From years 6 to 10, the district has the option to pay up to $1000 stipend, but if the district chooses not to do so, the state has no obligation to pay. http://legis.state.sd.us/sessions/2006/bills/SB83enr.pdf
Title: S.B. 83
Source: http://legis.state.sd.us

Career/Technical Education


Line Item Veto 02/2006

P-12

Appropriates $1 million for enhancement of secondary career and technical education from the state general fund; provides for grants. Requires priority consideration to those programs that are innovative or enhanced, that are collaborative efforts, or that include entrepreneurial activities, internships, or career guidance.
http://legis.state.sd.us/sessions/2006/bills/SB168enr.pdf
Title: S.B. 168
Source: http://legis.state.sd.us

Minority/Diversity Issues--American Indian / Alaska Native / Native Hawaiian


Signed into law 02/2006

Postsec.,
Community College

Adds a new section: Any student who is a graduate of an accredited high school operated by the United States Bureau of Indian Affairs in the state is entitled to resident classification for the purposes of postsecondary education at a state supported institution.
http://legis.state.sd.us/sessions/2006/bills/SB88enr.pdf
Title: S.B. 88
Source: Lexis-Nexis/StateNet

Postsecondary Affordability--Financial Aid


Signed into law 02/2006

Postsec.,
Community College

Extends opportunity scholarship eligibility to resident students who attend college or technical school out-of-state and then return to attend school. http://legis.state.sd.us/sessions/2006/bills/HB1157enr.pdf
Title: H.B. 1157
Source: http://legis.state.sd.us

School Safety


Signed into law 02/2006

P-12

Creates community safety zones; prohibits residing or loitering in community safety zones which lies within five hundred feet from grounds of any school, public park, public playground or public pool by sex offenders.
http://legis.state.sd.us/sessions/2006/bills/SB149enr.pdf
Title: S.B. 149
Source: Lexis-Nexis/StateNet

School/District Structure/Operations


Signed into law 02/2006

P-12

Makes an $552,209 appropriation to the Department of Education to reimburse school districts for consolidation incentives.
http://legis.state.sd.us/sessions/2006/bills/HB1243enr.pdf
Title: H.B. 1243
Source: http://legis.state.sd.us

Special Education


Signed into law 02/2006

P-12

Revises state aid to special education; provides for a special education levy percentage per dollars of valuation.
http://legis.state.sd.us/sessions/2006/bills/HB1025enr.pdf
Title: H.B. 1025
Source: http://legis.state.sd.us

Students--Athletics/Extracurricular Activities


Veto overridden: legislature has overridden governor's veto 02/2006

P-12

Amends 13-32-9. Any person adjudicated, convicted, the subject of an informal adjustment or court approved juvenile diversion program, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled drugs or substances or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking into the body any substances as prohibited by § 22-42-15, is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one calendar year from the date of adjudication, conviction, diversion, or suspended imposition of sentence. The one-year suspension may be reduced to sixty school days if the person participates in an assessment with a certified chemical dependency counselor or completes an accredited intensive prevention or treatment program. If the assessment indicates the need for a higher level of care, the student is required to complete the prescribed program before becoming eligible to participate in extracurricular activities. Upon a subsequent adjudication, conviction, diversion, or suspended imposition of sentence for possession, use, that person is ineligible to participate in any extracurricular
activity at any secondary school accredited by the Department of Education.
http://legis.state.sd.us/sessions/2006/bills/HB1147enr.pdf
Title: H.B. 1147
Source: http://legis.state.sd.us

Teaching Quality--Certification and Licensure


Adopted 08/2005

P-12

Aligns rules with the federal 2004 IDEA legislation. Enables districts to inform in-service teachers about the federal new requirements. Allows educators additional means of adding endorsements and authorizations to their certificates. Increases certification fees and records review fees. SOUTH DAKOTA REG 4133 (SN)
Title: SDCR 24:05:25:06, 27:01.01 thru 01.06, 04.01, .02, 08.01 thru .04, 27:09, 12, 13.02, 15 thru .03, 16, 18, 19.01, 30:06.01, 15:02:08, 03:01, 03, .01, 06, 08 thru 10, 06:02
Source: StateNet

Teaching Quality--Certification and Licensure--Highly Qualified Teachers


Rule Adoption 05/2005

P-12

Establishes rules regarding the department issuing one-year certificates to teachers who have let their certificates lapse. Grants an additional one-year extension on a one-year certificate to a teacher who has extenuating circumstances and references the alternative certification program. States that a teacher who lets his or her certificate lapse may be issued a one-year certificate by the department, during which time the teacher may complete the required six hours of transcripted coursework. States the type of certificate that is to be issued to a teacher who completes an alternative route to certification. SOUTH DAKOTA REG 4086 (SN)
Title: SDCR 24:03:01 thru 24:03:09 (Deleted); 24:43:01 thru 24:43:11, 24:15:02:03, 24:15:03:03.01, 09, 24:15:04:03
Source: StateNet

Attendance


Signed into law 03/2005

P-12

Allows the Department of Education to enter into certain enrollment agreements with the State of North Dakota; compensates certain school districts for lost revenue due to the agreements. http://legis.state.sd.us/sessions/2005/bills/HB1149enr.pdf
Title: H.B. 1149
Source: http://legis.state.sd.us

Finance--Funding Formulas


Signed into law 03/2005

P-12

Directs the state department to undertake a study of the allocation of state funds to the various public school districts (due by Dec. 1, 2005). The study must include, but is not limited to consideration of the following factors:
(1) The allocation of funds to sparse school districts;
(2) The redistribution of funds currently allocated through what is commonly called the small
school factor;
(3) The role of distance or remote education in the delivery of education services;
(4) The appropriate minimum size of a secondary school;
(5) The method by which to distribute money to account for the decline or increase in the
number of elementary and secondary students in the state's public schools
(6) The possible inclusion of other revenues into the state aid formula; and
(7) Transportation services and costs.
http://legis.state.sd.us/sessions/2005/bills/SB157enr.pdf
Title: S.B. 157
Source: http://legis.state.sd.us

Finance--State Budgets/Expenditures


Signed into law 03/2005

P-12

Repeals the appropriation of $3,006,960 from the state's General Fund to the Education Enhancement Trust Fund - contained in House Bill 1220, as previously enacted by the Eightieth Session (2005) of the South Dakota Legislature.
Title: S.B. 224
Source: South Dakota Legislative Web Site

Governance--School Boards


Signed into law 03/2005

P-12

Prohibits certain officials from voting if a conflict of interest exists. http://legis.state.sd.us/sessions/2005/bills/SB171enr.pdf
Title: S.B. 171
Source: http://legis.state.sd.us

High School


Rule Adoption 03/2005

P-12

Creates definitions for three proposed high school courses of study. "Advanced high school program," the required course of study every student must complete, unless a student is excused, to satisfy the requirements for the recommended high school program as established by SDCL 13-33-19. (4) "Approved career and technical education course," a course that has a program approval application on file in the office of career and technical education and is taught by a teacher with vocational certification or endorsement; "Distinguished high school program," the course of study a student may choose to take to meet the eligibility requirements of the South Dakota opportunity scholarship; "Standard high school program," the minimum graduation requirements a student must take to be eligible for a high school diploma under the basic high school program as provided in SDCL 13-33-19; "World languages," the study of languages other than English. The term includes Lakota and American sign language.(Effective July 1, 2004, through June 30, 2007) Specific units of credit required for high school graduation. The units of credit required for high school graduation must include the following 13 and one-half units:
(1) Four units of English/language arts, which include a minimum of the following:
(a) One and one-half units of writing;
(b) One and one-half units of literature, including one-half unit of American
literature; and
(c) One-half unit of speech;
(2) Three units of social studies, which include a minimum of the following:
(a) One unit of U.S. history;
(b) One-half unit of U.S. government; and
(c) One-half unit of geography;
(3) Five units of mathematics and laboratory science, which include a minimum of two
units each of mathematics and laboratory science;
(4) One-half unit of laboratory computer studies; and
(5) One unit of fine arts.
In lieu of taking the required course in computer studies, a maximum of one-half unit of
credit may be granted to a student who can demonstrate mastery of the basic course of studies for
computers. Credit for certain vocational education courses may be used to partially satisfy required
course credit in English, mathematics, social science, and science. Up to one unit of credit from
vocational education courses may be substituted for required course credit in each of these
academic areas. Required course credit earned in this manner shall be accounted for on the
student transcript, identifying the vocational education courses approved and applied toward the
credit. SOUTH DAKOTA REG 4078 (SN) http://www.state.sd.us/deca/gradrequirements/docs/DefofTerms.pdf
Title: 24:15:03:04, 24:15:06:22, 24:15:06:36, 24:15:06:37, 24:15:01:01, 24:16:08:16, 24:16:08:59, 24:03:01:01, 24:03:06:06.01, 24:03:06:31, 24:03:06:32
Source: http://www.state.sd.us

Online Learning--Virtual Schools/Courses


Signed into law 03/2005

P-12

An Act to provide for the certification of distance learning providers and to authorize the Board of Education to promulgate rules relating to distance learning courses. 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.http://legis.state.sd.us/sessions/2005/bills/HB1170enr.pdf
Title: H.B. 1170
Source: http://legis.state.sd.us

Postsecondary Affordability--Financial Aid


Vetoed 03/2005

Postsec.

Makes an appropriation to support students participating in the South Dakota Opportunity Scholarship program during the spring 2005 term and in fiscal year 2006 and to declare an emergency.
Title: H.B. 1028
Source: StateNet

School/District Structure/Operations


Signed into law 03/2005

P-12

Provides certain options to school boards in reorganization. Boards may decide by resolution to reorganize or may accept or decide based on petitions. http://legis.state.sd.us/sessions/2005/bills/SB66enr.pdf
Title: S.B. 66
Source: http://legis.state.sd.us

Special Education


Signed into law 03/2005

P-12

Includes legal costs as allowable expenditures from the special education fund. http://legis.state.sd.us/sessions/2005/bills/SB72enr.pdf
Title: S.B. 72
Source: http://legis.state.sd.us

Students


Signed into law 03/2005

P-12

Any seventh or eighth grade student who attends a nonpublic elementary or middle school that is not affiliated with a nonpublic high school may participate in interscholastic activities at a nonpublic high school, at the discretion of the nonpublic school, if the student meets the same
scholastic standards required by the South Dakota High School Activities Association for high school participation. http://legis.state.sd.us/sessions/2005/bills/HB1093enr.pdf
Title: H.B. 1093
Source: http://legis.state.sd.us

Teaching Quality--Tenure or Continuing Contract


Signed into law 03/2005

P-12

Adds several new sections related to terminating or nonrenewing a teacher's contract -- most regarding notice. Until a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, a school board may or may not renew the teacher's contract. The superintendent or chief executive officer shall give written notice of nonrenewal by April fifteenth but is not required to give further process or a reason for nonrenewal. For those in or beyond the fourth term of teaching, on or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract.
http://legis.state.sd.us/sessions/2005/bills/HB1169enr.pdf
Title: H.B. 1169
Source: http://legis.state.sd.us

Health


Signed into law 02/2005

P-12

Repeals the requirement for tuberculosis screening for school students and employees. http://legis.state.sd.us/sessions/2005/bills/SB39enr.pdf
Title: S.B. 39
Source: http://legis.state.sd.us

High School


Signed into law 02/2005

P-12

Allows Vietnam veterans to receive honorary high school diplomas.
Title: H.B. 1163
Source: StateNet

Special Populations--Gifted and Talented


Signed into law 02/2005

P-12

Repeals the requirement that the state board establish standards for gifted and talented educational programs; appeals procedures involving identification, placement or program; and criteria for identification (13-33-17). [Historical note: state funding for gifted education was repealed in 1997.] http://legis.state.sd.us/sessions/2005/bills/HB1063enr.pdf
Title: H.B. 1063
Source: http://legis.state.sd.us

Students--Records/Rights


Signed into law 02/2005

P-12

Allows a school district to maintain permanent school records electronically rather than on microfilm.http://legis.state.sd.us/sessions/2005/bills/HB1081enr.pdf
Title: H.B. 1081
Source: http://legis.state.sd.us

High School


Adopted 12/2004

P-12

Aligns rule to current statutes and removes State Board of Education from the exemption process. Changes new technical education program proposal deadline to April 1. Creates definitions for the proposed three high school courses of study. Defines the requirements of the proposed three high school courses of study. SOUTH DAKOTA REG 4059 (SN)
Title: SDCR 24:03:01:01, 04:16, 17, 17.01, 18, 06:06.01, 31, 32, 10:42:23
Source: StateNet

High School


Adopted 09/2004

P-12

Eliminates requirement that evidence of completion of all required sections of the Dakota STEP assessment must appear on the student's transcript before graduation may be authorized and a signed diploma may be issued; Removes curriculum and special education directors from the administrative program group and places them in the school service program group; revises rules so they are content standards based and allows preparing institutions the flexibility to vary their courses to meet the content standards. SOUTH DAKOTA REG 4035 (SN)
Title: 24:14:04:12.01, 12.02; 15:06:33, 36; 03:06:06.05, 15:01:01; 16:01:01, 05:03; 06:01, 02, 03, 07:01; 16:07:01, 02, 03, 08:01 thru 58 (Non-Seq.), 09:03 thru 05, 10:06 and 07
Source: StateNet

Teaching Quality--Certification and Licensure--Highly Qualified Teachers


Rule Adoption 06/2004

P-12

Amends rules to give the department the authority to grant endorsement level approval, rather than individual universities. Allows students with a previous content specific major to take additional coursework in pedagogy to complete their education degrees and pass a content exam to verify their content knowledge. Revises the rules so they are content standards based and allow preparing institutions the flexibility to vary their courses to meet the content standards. Allows principals to obtain preschool - 12 certification. SOUTH DAKOTA REG 4018 (SN)
Title: 24:15:06:01 thru 24:16:10:04 (Non-Seq.)
Source: StateNet

Finance--Funding Formulas


Signed into law 03/2004

P-12

Increases the per student allocation in the state aid to education formula.
Title: S.B. 206
Source: StateNet

Teaching Quality--Certification and Licensure


Rule Adoption 03/2004

P-12

Establishes rules moving the implementation date of a curriculum rule back one year. Enables an individual licensed as a clinical psychologist to administer and interpret individual student psychological evaluations as long as he or she is employed by a psychiatric residential facility. Allows any coursework, renewal or college transcript, that a teacher completes by January 1, 2004, toward his or her next renewal to be honored. Creates rules for an alternative route to certification specific to the Teach for America Program, rather than requiring candidates for the program to have completed a bachelors degree two years prior to applying. SOUTH DAKOTA REG 3983 (SN)
Title: 24:03:06:06.05, 24:15:03:06, 24:15:05:01, 24:15:05:02, 24:15:05:03, 24:15:05:04
Source: StateNet

Finance--State Budgets/Expenditures


Signed into law 02/2004

P-12,
Postsec.

Appropriations bill. Appropriates money to enhance the quality of education in the state; provides also for postsecondary education.
Title: S.B. 150
Source: StateNet

Governance--School Boards


Signed into law 02/2004

P-12

Allows a school board to set the amount of per diem that each member of that board may receive.
Title: S.B. 159
Source: StateNet

High School


Signed into law 02/2004

P-12

Provides for a basic high school program and a recommended high school program; requires most students to complete the recommended one; sets forth procedures for determining eligibility of school districts to receive state foundation aid.
Title: H.B. 1001
Source: StateNet

Leadership


Signed into law 02/2004

P-12

Clarifies the alternative certification requirements for school administrators.
Title: S.B. 173
Source: StateNet

P-3


Signed into law 02/2004

P-12

Establishes a task force to improve the quality and availability of child care and early learning opportunities.
Title: S.B. 117
Source: StateNet

P-3 Grades 1-3


Signed into law 02/2004

P-12

Requires school districts to offer kindergarten and to require content standards for kindergarten. http://legis.state.sd.us/sessions/2004/bills/SB67enr.htm
Title: S.B. 67
Source: StateNet

Postsecondary Finance


Signed into law 02/2004

Postsec.

Permits the Board of Regents to create a multi- institution bonded revenue system.
Title: H.B. 1015
Source: StateNet

Private Schools


Adopted, On November 2004 Ballot 02/2004

P-12

Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to authorize the provision of certain services to all children of school age. The Constitution allows the Legislature to authorize the loan of nonsectarian textbooks to children of school age, including those attending sectarian schools. This amendment would also allow the Legislature to authorize participation in food and transportation services for children of school age, including those attending sectarian schools.
http://legis.state.sd.us/sessions/2004/bills/HJR1003enr.pdf
Title: HJR 1003/Constitutional Amendment B
Source: South Dakota State Web site

School/District Structure/Operations


Signed into law 02/2004

P-12

Makes an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.
Title: S.B. 49
Source: StateNet

Special Education


Signed into law 02/2004

P-12

Revises the per student allocation for each disability level for the purposes of calculating the payment of state aid to special education.
Title: S.B. 48
Source: StateNet

Special Education


Signed into law 02/2004

P-12

Requires certain school book publishers to provide electronic versions of textbooks suitable for conversion into Braille.
Title: H.B. 1221
Source: StateNet

Career/Technical Education


Rule Adoption 01/2004

P-12

Establishes rules requiring the director of the Office of Career and Technical Education to convene a meeting of the technical directors and an Office of Economic Development staff member to review applications for new or expanded programs prior to their presentation to the State Board of Education. SOUTH DAKOTA REG 3969 (SN)
Title: 24:10:42:23
Source: StateNet

Teaching Quality--Certification and Licensure--Highly Qualified Teachers


Rule Adoption 10/2003

P-12

Establishes rules requiring that a minimum of three of the six renewal hours be college transcripted hours and that all six hours be related to the applicant's field of teaching when renewing a certificate. SOUTH DAKOTA REG 3948 (SN)
Title: 24:15:03:06
Source: StateNet

Teaching Quality--Certification and Licensure--Highly Qualified Teachers


Adopted 08/2003

P-12

Establishes rules requiring that the Professional Teachers Practices and Standards Commission and the Professional Administrators Practices and Standards Commission hold their respective meetings annually. Requires teachers new to the profession to pass the state licensure exam in the pedagogy and content areas in which they will be certified. Allows teachers with National Board Certification to obtain five-year teaching certificates. Ensures that alternative certification teacher candidates are highly qualified. Improves the retention and success of teachers in their profession. SOUTH DAKOTA REG 3921 (SN)
Title: 24:15:01:01, :02:08, :03:01, :03:02, :03:06, :03:07, :03:11, :04:01; 24:16:05:03, :05:05; 24:41:01:01 to :03:01,
Source: StateNet

High School


Rule Adoption 04/2003

P-12

Amends rules regarding the requirement of three mathematics credits for high school graduation and the allotment for graduation credit for completion of Algebra I in 8th grade. SOUTH DAKOTA REG 3894 (SN)
Title: 24:03:06:06:01
Source: StateNet

Accountability


Signed into law 03/2003

P-12

Establishes a single, statewide state accountability system. The system is required to hold public schools and public school districts accountable for the academic achievement of their students and must ensure that all public schools and all public school districts make adequate yearly progress in continuously and substantially improving the academic achievement of their students. The system is to be based on reading and math standards, set the additional academic indicator for the public K-8 elementary schools as the annual rate of student attendance and the additional academic indicator for public 9-12 high schools shall be the annual rate of graduation. The timeline for adequate yearly progress must ensure that no later than the 2013-2014 school year, all students meet or exceed the state's proficient level of academic achievement as measured by the state's assessments. Sets annual measurable objectives in both reading and mathematics. Requires annual progress of sub-groups of students, using annual assessment data and data from one additional academic indicator. The school's progress in mathematics and reading shall be compared separately to the state's annual objectives for adequate yearly progress in mathematics and reading. Requires the system to include consequences for schools and districts in the form of sanctions, rewards, and recognition. Delegates details to the state board. http://legis.state.sd.us/sessions/2003/bills/SB40enr.pdf
Title: S.B. 40
Source: http://legis.state.sd.us

Assessment--NAEP (NAEP Results and NAEP Organization)


Signed into law 03/2003

P-12

Requires participation in the national assessment of educational progress.
Title: S.B. 38
Source: StateNet

Background Checks


Signed into law 03/2003

P-12

Clarifies and revises certain provisions concerning criminal background investigations of school district employees and student teachers.
Title: S.B. 157
Source: StateNet

Finance--Funding Formulas


Signed into law 03/2003

P-12

Increases the per student allocation in the state aid to education formula.
Title: S.B. 170
Source: StateNet

Finance--Taxes/Revenues


Signed into law 03/2003

P-12

Revises the property taxes of the general fund of a school district (rates for personal dwellings, agricultural, etc.) All levies are to be imposed on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue. These valuations shall be used for all school funding purposes. If the district has imposed an excess levy pursuant to §   10-12-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section. http://legis.state.sd.us/sessions/2003/bills/HB1064enr.htm
Title: H.B. 1064
Source: http://legis.state.sd.us

Governance--School Boards


Signed into law 03/2003

P-12

Provides for the temporary replacement of certain elected officials of counties, municipalities, school districts, or special purpose districts called for active duty in the armed forces. http://legis.state.sd.us/sessions/2003/bills/SB57enr.pdf
Title: S.B. 57
Source: http://legis.state.sd.us

Leadership


Signed into law 03/2003

P-12

Provides for the certification of school administrators. The alternative certification program is to be delivered by an accredited college or university with an approved program or endorsement program in the discipline. It must be delivered in coordination with the Department of
Education and Cultural Affairs and the employing school system. The alternative certification program shall include education coursework in administration, on-the-job training, and mentorship. http://legis.state.sd.us/sessions/2003/bills/SB71enr.pdf
Title: S.B. 71
Source: http://legis.state.sd.us

Postsecondary Affordability--Financial Aid


Signed into law 03/2003

Postsec.

Establishes the regents scholarship program and makes an appropriation therefor.
Title: H.B. 1026
Source: StateNet

Assessment


Signed into law 02/2003

P-12

Revises the achievement assessments required in public schools, and the grades to be assessed.
Title: S.B. 39
Source: StateNet

Choice of Schools--Choice/Open Enrollment


Signed into law 02/2003

P-12

Students (or their families) may apply to a school district other than the resident district or in a school within the resident district other than the school to which the student has been assigned by filling out forms provided by the Department of Education and Cultural Affairs. The school board or the board's designee of the district in which the student desires to enroll is required to approve or disapprove the application and must notify the applicant and the resident board, if applicable, of its decision within five days of the decision. The district in which the student desires to enroll shall review the applications in the order received. Intradistrict transfer applications may be accepted and acted upon at any time at the board's discretion if the policies on which the transfer decisions are based are consistent with the other requirements.
Title: H.B. 1042
Source: http://legis.state.sd.us

High School--Dual/Concurrent Enrollment


Signed into law 02/2003

P-12,
Postsec.

Amends 13-28-37. Any student in grades ten, eleven, or twelve may apply to an institution of higher education or a postsecondary vocational education institution as a special student but must obtain the school district's approval of the postsecondary course or courses prior to enrolling. If approved, the student shall receive full credit toward high school graduation as well as postsecondary credit for each postsecondary course. The resident school district may pay all or part of the tuition and fees for a course approved for credit toward high school graduation in accordance with this section. The student is responsible for any tuition and fees not paid by the resident school district and for any other costs involved with attending a postsecondary institution. If a failing final course grade is received in a postsecondary course, the student receiving the failure is no longer eligible to enroll for postsecondary courses.
Title: H.B. 1077
Source: http://legis.state.sd.us

Instructional Approaches--Homeschooling


Signed into law 02/2003

P-12

Permits home school students to participate in high school interscholastic activities. If the school board or governing body of an accredited school approves, a student receiving alternative (home) instruction is eligible to participate in any interscholastic activity sponsored by the South Dakota High School Activities Association. Nothing in this section confers any vested right in any student wishing to participate in any interscholastic activity to be selected for competition in such activity. However, any accredited school student who leaves an accredited program during the course of the school year for any reason and enters an alternative instruction program is ineligible for participation in interscholastic activities for one year beginning on the date in which the student enters the alternative program.
Title: H.B. 1068
Source: http://legis.state.sd.us

Parent/Family


Signed into law 02/2003

P-12

Amends 13-26-4.   A school may have teacher-parent conferences during the school year and not more than 16.5 hours may be counted as hours in session. Also, boards may designate a maximum of 5.5 hours of the 16.5 session hours as in-service teacher training.
Title: H.B. 1041
Source: http://legis.state.sd.us

Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans


Signed into law 02/2003

Postsec.

Exempts the higher education savings program accounts from certain claims of creditors; provides certain moneys placed in education savings accounts are not exempt under this statute in bankruptcy proceedings.
Title: S.B. 32
Source: StateNet

Private Schools


Signed into law 02/2003

P-12

Allows school districts to provide transportation to nonpublic school students if no additional public funds are expended to provide the transportation.
Title: S.B. 224
Source: StateNet

School/District Structure/Operations


Signed into law 02/2003

P-12

Defines the consolidation of school districts. (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; (7) "Consolidation," the combining of two or more districts in which a new district and school board are created.
Title: H.B. 1040
Source: http://legis.state.sd.us

School/District Structure/Operations--District Consolidation/Deconsolidation


Signed into law 02/2003

P-12

Makes an appropriation to fund consolidation incentive payments to certain school districts.
Title: H.B. 1039
Source: StateNet

No Child Left Behind


Active 10/2002

P-12

2002 Consolidated Plan: (http://www.state.sd.us/deca/NCLB/ESEAapp.pdf)
Appendix A: (http://www.state.sd.us/deca/NCLB/appendixA.pdf)
Appendix B: (http://www.state.sd.us/deca/NCLB/appendixB.pdf)
Source: South Dakota Department of Education Web site

Choice of Schools--Choice/Open Enrollment


Signed into law 02/2002

P-12

Prevents students who open enroll into a school district from transferring back to the resident district during the same school year.
Title: S.B. 87
Source: Lexis-Nexis/StateNet

Civic Education


Signed into law 02/2002

P-12

Permits the posting or display of the United States flag and giving the pledge of allegiance within public schools in the State.
Title: S.B. 94
Source: Lexis-Nexis/StateNet

Finance--Taxes/Revenues


Signed into law 02/2002

P-12

Allows school board to initiate a vote relating to the imposition of an excess tax levy; declares an emergency.
Title: S.B. 89
Source: Lexis-Nexis/StateNet

Finance--Taxes/Revenues


Signed into law 02/2002

P-12

Allows school boards to initiate a vote relating to the imposition of an excess tax levy with the use of a resolution.
Title: H.B. 1112
Source: Lexis-Nexis/StateNet

Governance--School Boards


Signed into law 02/2002

P-12

Allows districts to modify the size of board of directors.
Title: S.B. 57
Source: Lexis-Nexis/StateNet

Postsecondary Participation--Admissions Requirements


To governor 02/2002

P-12,
Postsec.

Revises provisions regarding public university admission requirements for foreign language instruction; deletes the exception for high school students foreign language admission requirement.
Title: S.B. 17
Source: Lexis-Nexis/StateNet

Postsecondary Participation--Outreach


Signed into law 02/2002

P-12,
Postsec.

Requires school districts to provide the Board of Regents' office a mailing list of students in grades 7-12 by Nov. 1 each year. The list will be used to provide information to students and parents about post-high school and career planning. Schools are not required to forward names of those students whose parents have directed that such information not be released.
Title: S.B. 16
Source: Lexis-Nexis/StateNet

Students--Records/Rights


Signed into law 02/2002

P-12

Requires school systems to allow military recruiters access to students and school facilities.
Title: S.B. 165
Source: Lexis-Nexis/StateNet

Teaching Quality--Induction Programs and Mentoring


Signed into law 02/2002

P-12

Establishes a Teacher Mentor Program in school districts which elect to participate; establishes duties and qualifications for mentor teachers.
Title: S.B. 5
Source: Lexis-Nexis/StateNet

Assessment


Signed into law 03/2001

P-12

Every school district shall administer the same national norm-referenced academic achievement test to all students in 2, 4, 8, and 11, and every school district shall administer to all students in grades 5 and 9 an achievement test to assess writing skills. In addition, every school district shall administer the same criterion-referenced academic achievement test, once in the fall semester and once again in the spring semester, to all students in grades 3, 6, and 10. The criterion-referenced tests shall be designed by the state. All of the tests shall be provided by the Department of Education and Cultural Affairs and shall assess proficiency in meeting state standards. The tests shall be administered starting in the spring of the 2001-2002 school year. Each state-designed test for each grade level to be tested shall be a single statewide criterion-referenced test, which shall be highly correlated with the state's graduation requirements, course guidelines, and academic content standards. The requirements of this section pertaining to criterion-referenced tests to be administered to students in grades 3, 6, and 10 do not apply to students who are receiving alternative instruction pursuant to § 13-27-3. Also established the South Dakota Academic Achievement Test Advisory Council to discuss and make recommendations concerning testing issues, results, mechanics, and other relevant student achievement test issues. (Amends § 13-3-55.)
Title: S.B. 234
Source: South Dakota Legislative Web Site

Finance--Funding Formulas


Signed into law 03/2001

P-12

Revises the distribution of state aid to education.
Title: H.B. 1258
Source: Lexis-Nexis/StateNet

Leadership


Signed into law 03/2001

P-12

Subjects uncertified school administrators to a code of ethics.
Title: S.B. 153
Source: Lexis-Nexis/StateNet

Postsecondary Accountability--Accreditation


Signed into law 03/2001

Postsec.

Prohibits the offering of postsecondary education credit or degree by non-accredited institutions.
Title: S.B. 160
Source: Lexis-Nexis/StateNet

Postsecondary Affordability--Financial Aid


Vetoed 03/2001

Postsec.

Would have established the regents scholarship program and provides for its funding. Would have allowed students to attend one of the public or nonpublic accredited universities, colleges, or technical institutes located in South Dakota.
Title: S.B. 239
Source: http://www.state.sd.us/state/legis/lrc.htm

Scheduling/School Calendar--Extended Day Programs


Signed into law 03/2001

P-12

Makes an appropriation to provide grants to out-of-school time programs.
Title: H.B. 1229
Source: Lexis-Nexis/StateNet

Special Education


Signed into law 03/2001

P-12

Expands the uses of the Special Education Extraordinary Cost Fund.
Title: S.B. 60
Source: Lexis-Nexis/StateNet

Background Checks


Signed into law 02/2001

P-12

Revises the definition of illegal substances for purposes of revoking or refusing to issue a certificate to a teacher or administrator; permits revocation or refusal to issue a certificate for certain offenses involving moral turpitude, including certain traffic and marijuana offenses.
Title: S.B. 63
Source: Lexis-Nexis/StateNet

Background Checks


Signed into law 02/2001

P-12

Exempts certain school district employees from the requirement for certain background checks.
Title: S.B. 91
Source: Lexis-Nexis/StateNet

Background Checks


Signed into law 02/2001

P-12

Any school district employee who is employed by more than one school district is only required to obtain one criminal background investigation, if the background investigation was conducted no more than five years before the person is first employed by the additional school district. The results of the background investigation shall be transferred to any additional school district from the initial school district that obtained the criminal background investigation if the additional school district or the school district employee requests in writing to the initial school district that the results be transferred and the school district employee who was the subject of the criminal background investigation signs a written release authorizing the transfer.
Title: S.B. 117, S.B. 91
Source: http://www.state.sd.us/state/legis/lrc.htm

Choice of Schools--Choice/Open Enrollment


Signed into law 02/2001

P-12

Any student who enrolls in another district from a district that does not receive state aid remains the financial obligation of the resident district.
Title: H.B. 1158
Source: http://legis.state.sd.us/

Finance--Facilities


Signed into law 02/2001

P-12

Adjusts the use of the capital outlay fund; provides that it may also be used for installment or lease-purchase payments for the purchase of public school real property, plant or equipment, which have a contracted terminal date not exceeding twenty years.
Title: H.B. 1006
Source: Lexis-Nexis/StateNet

Finance--Facilities


Veto overridden 02/2001

P-12

Authorizes the funding of textbooks through the school capital outlay fund.
Title: H.B. 1196
Source: Lexis-Nexis/StateNet

Finance--Local Foundations/Funds


Signed into law 02/2001

P-12

Amends Chapter 5-10 by adding a new section that sets inflation adjustment period, states that the rate rate of inflation is based on the consumer price index prepared by the Bureau of Labor Statistics of the United States Department of Labor; that the principal balance in each permanent school and other educational and charitable fund is the principal balance to be increased by the rate of inflation; and that the inflation adjustment requirement shall be met using realized net capital gains. If these are not sufficient, the interest, dividends, and other income shall be used. Any excess realized net capital gains are to be carried forward for the following year's inflation adjustment.
Title: S.B. 93
Source: South Dakota State Legislature (Web site)

Finance--Taxes/Revenues


Signed into law 02/2001

P-12

Revises the time period for adjusting property tax levies for the purpose of maintaining the state's percentage of aid to general and special education.
Title: H.B. 1187
Source: Lexis-Nexis/StateNet

Governance--School Boards


Signed into law 02/2001

P-12

Prohibits school boards from employing any person whose certificate has been revoked or suspended.
Title: H.B. 1067
Source: Lexis-Nexis/StateNet

Online Learning--Virtual Schools/Courses


Signed into law 02/2001

P-12

Any teacher that teaches a course over the Digital Dakota Network shall receive additional compensation for each course and from each school for which the teaching services are provided.
Title: H.B. 1291
Source: http://legis.state.sd.us/

Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans


Signed into law 02/2001

Postsec.

Creates a Higher Education Savings Plan.
Title: S.B. 248
Source: Lexis-Nexis/StateNet

Postsecondary Students--Disabled


Signed into law 02/2001

Postsec.

Revises the rehabilitation services provided at public cost to disabled and visually impaired persons based on economic need to include postsecondary tuition and fees.
Title: H.B. 1030
Source: Lexis-Nexis/StateNet

Privatization


Signed into law 02/2001

P-12

Allows vendors to sell soft drinks or other concessions on school property; permits a school district to enter into contracts for sale of soft drinks or other concessions.
Title: H.B. 1070
Source: Lexis-Nexis/StateNet

Reading/Literacy


Signed into law 02/2001

P-12

Makes an appropriation for the acceleration of the Reading Enhancement Program.
Title: H.B. 1230
Source: Lexis-Nexis/StateNet

School Safety


Signed into law 02/2001

P-12

Provides notice to schools if a student commits a crime of violence.
Title: H.B. 1004
Source: Lexis-Nexis/StateNet

School/District Structure/Operations


Signed into law 02/2001

P-12

Repeals that the requirement that school districts consist of adjoining territory.
Title: H.B. 1123
Source: Lexis-Nexis/StateNet

Special Education


Signed into law 02/2001

P-12

Revises school district residency for the purposes of special education; revises the distribution of state aid to special education.
Title: S.B. 145
Source: Lexis-Nexis/StateNet

Teaching Quality--Certification and Licensure


Signed into law 02/2001

P-12

Repeals § 13-42-1 that made it a petty offense for a person to teach in a nonpublic school any of state required courses without being certified to teach the courses in the state's public schools. A violation of this section is sufficient grounds for revocation of any teacher's certificate held by a violator. This does not apply to persons providing alternative instruction.
Title: S.B. 62
Source: http://legis.state.sd.us/

Finance


Unofficially approved on the ballot 11/2000

P-12

CONSTITUTIONAL AMENDMENT E (SJR-1-2000); permits the investment of the Permanent School Funds in certain stocks, bonds, mutual funds, and other financial instruments and the use of a certain portion of the interest and income to increase the principal in the Fund.
Title: V. 5
Source: Lexis-Nexis/StateNet

Background Checks


Signed into law 03/2000

P-12

Requires criminal background checks of school employees; prohibits employment of certain persons in schools.
Title: H.B. 1200
Source: Lexis-Nexis/StateNet

Finance--District


Signed into law 03/2000

P-12

Enhances learning in public schools; reimburses nationally certified teachers; establishes an Office of Education Technology; studies the public education requirement workforce; increases the voting requirement for school district referenda; limits certain transfers of school funds.
Title: H.B. 1257
Source: Lexis-Nexis/StateNet

Finance--Taxes/Revenues


Signed into law 03/2000

P-12

This bill reduces the maximum tax rates that a school district may levy starting in the year 2001. The rates are reduced in the following manner: Agricultural Property from 4.7 mills to 3.33 mills, Owner occupied property from 7.56 mills to 5.36, Non-Agricultural Acreage from 5.7 mills to 4.33 mills, the maximum tax rate on all other property is reduced from 16.5 mills to 13.93 mills.
Title: S.B. 199
Source: Lexis-Nexis/StateNet

Finance--Taxes/Revenues


Signed into law 03/2000

P-12

Revises the property tax levies for the general fund of a school district.
Title: H.B. 1139
Source: Lexis-Nexis/StateNet

Health


Signed into law 03/2000

P-12

Authorizes the Department of Human Services to develop and implement programs aimed at reducing the use of tobacco by youth; accepts and expends private contributions therefor.
Title: H.B. 1243
Source: Lexis-Nexis/StateNet

Postsecondary Affordability--Tuition/Fees--Prepd/College Savings Plans


Vetoed 03/2000

Postsec.

Creates the South Dakota education savings plan.
Title: H.B. 1057
Source: Lexis-Nexis/StateNet

Religion


Signed into law 03/2000

P-12

Permits schools to display the Ten Commandments.
Title: H.B. 1261
Source: Lexis-Nexis/StateNet

Scheduling/School Calendar


Signed into law 03/2000

P-12

This bill changes the minimum required time in school for 4th through 12th graders from 175 days to 962.5 hours. The Board of Education will set rules for the minimum number of hours in school for grades one through three.
Title: S.B. 178
Source: Lexis-Nexis/StateNet

Special Education


Signed into law 03/2000

P-12

The legislation deals with the transfer of a special education student from a resident district to a nonresident district. Under previous law the resident district was held responsible for the students education, under the new law the nonresident district becomes responsible for the students education.
Title: H.B. 1058
Source: Lexis-Nexis/StateNet

Special Education


Signed into law 03/2000

P-12

Allows certain children to be included as a level 2, 3, 4, or 5 disability for the purpose of calculating special education state aid.
Title: S.B. 23
Source: Lexis-Nexis/StateNet

Teaching Quality


Signed into law 03/2000

P-12

Reimburses public school teachers who become nationally certified.
Title: H.B. 1255
Source: Lexis-Nexis/StateNet

Teaching Quality


Signed into law 03/2000

P-12

Defines long-term substitute teachers; requires certain reporting on the use of long-term substitute teachers.
Title: S.B. 172
Source: Lexis-Nexis/StateNet

Choice of Schools--Choice/Open Enrollment


Signed into law 02/2000

P-12

The legislation states that a school district's standards for open enrollment shall be limited to the capacity of a program, class, grade level, and school building operated by the district and student/teacher ratio. In addition, limitations are put on students who wish to transfer to districts that have operating agreements with other district, located both in and out of the state.
Title: H.B. 1015
Source: Lexis-Nexis/StateNet

Health


Signed into law 02/2000

P-12

Requires a varicella immunization for school entry.
Title: S.B. 42
Source: Lexis-Nexis/StateNet

School Safety


Signed into law 02/2000

P-12

Allows law enforcement agencies to report certain violations of law and threats made by a student.
Title: H.B. 1192
Source: Lexis-Nexis/StateNet