2025–2026 Statute Booklet

MEETINGS OF PUBLIC AGENCIES

SDCL 1-25 

1-25-1. Official meetings open to the public—Exceptions—Public comment—Violation as misdemeanor. An official meeting of a public body is open to the public unless a specific law is cited by the public body to close the official meeting to the public.

It is not an official meeting of one public body if its members provide information or attend the official meeting of another public body for which the notice requirements of § 1-25-1.1 or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.

For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the public body may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum must meet the posting requirements of § 1-25-1.1 or 1-25-1.3 and must contain, at a minimum, the date, time, and location of the event.

The public body shall reserve at every official meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment.

Public comment is not required at an official meeting held solely for the purpose of meeting in executive session, an inauguration, presentation of an annual report to the public body, or swearing in of a newly elected official, regardless of whether the activity takes place at the time and place usually reserved for an official meeting.

If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meets solely for purposes of implementing previously publicly adopted policy; carrying out ministerial functions of that township, district, or municipality; or undertaking a factual investigation of conditions related to public safety; the meeting is not subject to the provisions of this chapter.

A violation of this section is a Class 2 misdemeanor.

1-25-1.1. Notice of meeting of political subdivision--Agenda— Violation as misdemeanor. Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the political subdivision’s website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor. 

1-25-1.3.  Notice of meeting of the state--Agenda—Violation as misdemeanor.  The state shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal office of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include Saturday, Sunday, or legal holidays. The notice shall also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, the state shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit.  A violation of this section is a Class 2 misdemeanor.

1-25-1.4. Information to be posted on state website. Any state board, commission, or department that is required to provide public notice of its meetings pursuant to § 1-25-1.3 shall make available on a state website designated by the commissioner of the Bureau of Finance and Management, if the information exists:

1. Financial statements;
2. Audit Reports;
3. A list of the members of the board or commission;
4. A schedule of future meetings;
5. Public meeting materials that are available before a public meeting;
6. Meeting minutes; and
7. Annual reports.

1-25-1.5. Teleconference meeting or hearing—Quorum—Vote. Any official meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take final disposition regarding an administrative rule pursuant to § 1-26-4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an official meeting held by teleconference may be taken by voice vote. If any member votes in the negative, the vote shall proceed to a roll call vote.

1-25-1.6. Public participation in teleconference meeting. At any official meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any official meeting held by teleconference, that has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to official meetings closed to the public pursuant to specific law.

1-25-2. Executive or closed meetings — Purposes — Authorization — Violation as misdemeanor. Executive or closed meetings may be held for the sole purpose of:

1.  Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor;

2.  Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;

3.  Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;

4.  Preparing for contract negotiations or negotiating with employees or employee representatives;

5.  Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or

6.  Discussing information pertaining to the protection of public or private property and any person on or within public or private property specific to:

     (a)  Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;

     (b)   Emergency management or response;

     (c)  Public Safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;

     (d)  Cyber security plans, computer, communications network schema, passwords, or user identification names;

     (e)  Guard schedules;

     (f)  Lock combinations;

     (g)  Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility; and

     (h)   Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel.

However, any official action concerning the matters pursuant to this section shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. 

1-25-3. Minutes of proceedings — Availability to public — Violation as a misdemeanor. The state shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. A violation of this section is a Class 2 misdemeanor.

1-25-6.1. Duty of state’s attorney on receipt of complaint alleging violation by board of county commissioners.  If a complaint alleges a violation of this chapter by a board of county commissioners, the state’s attorney shall take one of the following actions:

1. Prosecute the case pursuant to Title 23A;
2. Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by § 1-25-6;
3. Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action; or
4. Refer the complaint to another state’s attorney or to the attorney general for action pursuant to § 1-25-6.

1-25-7. Consideration by commission of complaint or written submissions alleging chapter violation-Findings-Public censure.  Upon receiving a referral from a state’s attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state’s attorney or the attorney general and shall also consider signed written submissions by the persons or entities that are directly involved. Based on the investigatory file submitted by the state’s attorney or the attorney general and any written responses, the commission shall issue a written determination on whether the conduct violates this chapter, including a statement of the reasons therefore and findings of fact on each issue and conclusions of law necessary for the proposed decision. The final decision shall be made by a majority of the commission members, with each member’s vote set forth in the written decision. The final decision shall be filed with the attorney general and shall be provided to the public entity and or public officer involved, the state’s attorney and any person that has made a written request for such determinations. If the commission finds a violation of this chapter, the commission shall issue a public reprimand to the offending official or governmental entity. However, no violation found by the commission may be subsequently prosecuted by the state’s attorney or the attorney general. All findings and public censures of the commission shall be public records pursuant to § 1-27-1. Sections 1-25-6 to 1-25-9, inclusive, are not subject to the provisions of chapter 1-26.

1-25-8. Open Meeting Commission-Appointment of members-Chair

The South Dakota Open Meeting Commission is comprised of five state's attorneys or deputy state's attorneys appointed by the attorney general. Each commissioner serves at the pleasure of the attorney general. The members of the commission shall choose a chair of the commission annually by majority vote.

1-25-9. Limitations on participation by commission members

No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigation or represents or serves as a member of the governmental entity about whom the referral is made. The provisions of this section do not preclude a commission member from other-wise serving on the commission for other matters referred to the commission.

1-25-11.  Recording of open official meeting to be permitted.  No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.

1-25-12. Definitions. Terms used in this chapter mean:

1. "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference or electronic means, including electronic mail, instant messaging, social media, text message, or virtual meeting platform, provided the term does not include communications solely to schedule a meeting or confirm attendance availability for a future meeting;
2. "Political subdivision," any association, authority, board, municipality, commission, committee, council, county, school district, task force, town, township, or other local governmental entity, which is created by statute, ordinance, or resolution, and is vested with the authority to exercise any sovereign power derived from state law;
3. "Public body," any political subdivision or the state;
4. "State," each agency, board, commission, or department of the State of South Dakota, not including the Legislature; and
5. "Teleconference," an exchange of information by any audio, video, or electronic medium, including the internet.

PUBLIC RECORDS AND FILES

SDCL 1-27

1-27-1. Public records open to inspection and copying. Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in § 1-27-1.1, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter. 

Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official.

1-27-1.1. Public records defined. Unless any other statute, ordinance, or rule expressly provides that particular information or records may not be made public, public records include all records and documents, regardless of physical form, of or belonging to this state, any county, municipality, political subdivision, or tax-supported district in this state, or any agency, branch, department, board, bureau, commission, council, subunit, or committee of any of the foregoing. Data which is a public record in its original form remains a public record when maintained in any other form. For the purposes of §§ 1-27-1 to 1-27-1.15, inclusive, a tax-supported district includes any business improvement district created pursuant to chapter 9-55.

1-27-1.2. Fees for specialized service. If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record, a reasonable fee may be charged for any specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.

No fee may be charged for the electronic transfer of any minutes of open meeting actions of a political subdivision, board or agency of a political subdivision, or the governing board of an agency that levies property taxes that were recorded in the last three years.

1-27-1.3. Liberal construction of public access to public records law—Certain criminal investigation and contract negotiation records exempt. The provisions of §§ 1-27-1 to 1-27-1.15, inclusive, and 1-27-4 shall be liberally construed whenever any state, county, or political subdivision fiscal records, audit, warrant, voucher, invoice, purchase order, requisition, payroll, check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved in order that the citizens of this state shall have the full right to know of and have full access to information on the public finances of the government and the public bodies and entities created to serve them. Use of funds as needed for criminal investigatory/confidential informant purposes is not subject to this section, but any budgetary information summarizing total sums used for such purposes is public. Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations are exempt from disclosure.

1-27-1.4. Denial letters to be kept on file. Each public body shall maintain a file of all letters of denial of requests for records. This file shall be made available to any person on request.

1-27-1.5. Certain records not open to inspection and copying. The following records are not subject to §§ 1-27-1, 1-27-1.1, 1-27-1.3, and § 1-27-1.23:

1. Personal information in records regarding any student, prospective student, or former student of any educational institution if such records are maintained by and in the possession of a public entity, other than routine directory information specified and made public consistent with 20 U. S.C.  § 1232g, as the law existed on January 1, 2009;
2. Medical records, including all records of drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This subdivision in no way abrogates or changes existing state and federal law pertaining to birth and death records;
3. Trade secrets, the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution or laboratory funded in whole or in part by the state, and other proprietary or commercial information which if released would infringe intellectual property rights, give advantage to business competitors, or serve no material public purpose;
4. Records which consist of attorney work product or which are subject to any privilege recognized in Article V of chapter 19-19;
5. Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, if the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training. However, this subdivision does not apply to records so developed or received relating to the presence of and amount or concentration of alcohol or drugs in any body fluid of any person, and this subdivision does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants;
6. Appraisals or appraisal information and negotiation records concerning the purchase or sale, by a public body, of any interest in real or personal property;
7. Personnel information other than salaries and routine directory information. However, this subdivision does not apply to 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;
8. Information pertaining to protection of  public or private property and person on or within public or private property including:
9. Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts;
10. Emergency management or response;
11. Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed;
12. Cyber security plans, computer or communications network schema, passwords, or user identification names;
13. Guard schedules;
14. Lock combinations; and
15. Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, configuration, or security of critical systems of the building or facility;
16. The security standards, procedures, policies, plans, specifications, diagrams, access lists, and other security-related records of the Gaming Commission and those persons or entities with which the commission has entered into contractual relationships. Nothing in this subdivision allows the commission to withhold from the public any information relating to amounts paid persons or entities with which the commission has entered into contractual relationships, amounts of prizes paid, the name of the prize winner, and the municipality, or county where the prize winner resides;
17. Personally identified private citizen account payment information, credit information on others supplied in confidence, and customer lists;
18. Records or portions of records kept by a publicly funded library which, when examined with or without other records, reveal the identity of any library patron using the library’s materials or services;
19. Correspondence, memoranda, calendars or logs of appointments, working papers, and records of telephone calls of public officials or employees;
20. Records or portions of records kept by public bodies which would reveal the location, character, or ownership of any known archaeological, historical, or paleontological site in South Dakota if necessary to protect the site from a reasonably held fear of theft, vandalism, or trespass. This subdivision does not apply to release of information for the purpose of scholarly research, examination by other public bodies for the protection of the resource or by recognized tribes, or the federal Native American Graves Protection and Repatriation Act;
21. Records or portions of records kept by public bodies which maintain collections of archeological, historical, or paleontological significance which nongovernmental donors have requested to remain closed or which reveal the names and addresses of donors of such articles of archaeological, historical, or paleontological significance unless the donor approves disclosure, except as the records or portions therof may be needed to carry out the purposes of the federal Native American Graves Protection and Repatriation Act and the Archeological Resources Protection Act;
22. Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;
23. Social security numbers; credit card, charge card, or debit card numbers and expiration dates; passport numbers, driver license numbers; or other personally identifying numbers or codes; and financial account numbers supplied to state and local governments by citizens or held by state and local governments regarding employees or contractors;
24. Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel;
25. Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, promotion or reclassification, or academic credit;
26. Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee;
27. Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding;
28. Any list of names or other personally identifying data of occupants of camping or lodging facilities from the Department of Game, Fish and Parks;
29. Records which, if disclosed, would constitute an unreasonable release of personal information;
30. Records which, if released, could endanger the life or safety of any person;
31. Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21;
32. Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C;
33. Records regarding inmate disciplinary matters pursuant to § 1-15-20, and records regarding jail inmate disciplinary matters pursuant to § 24-11-13;
34. Any other record made closed or confidential by state or federal statute or rule or as necessary to participate in federal programs and benefits;
35. A record of a settlement agreement or litigation regarding investment or bankruptcy and involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless the settlement agreement or litigation results in a finding of liability against the council or system, or both; and
36. A record of a settlement agreement or litigation regarding medical services involving any county hospital established under chapter 34-8 or any municipal hospital established under chapter 34-9.

1-27-1.6. Certain financial, commercial, and proprietary information exempt from disclosure. The following financial, commercial, and proprietary information is specifically exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive:

1. Valuable formulae, designs, drawings, computer source code or object code, and research data invented, discovered, authored, developed, or obtained by any agency if disclosure would produce private gain or public loss;
2. Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal;
3. Financial and commercial information and records supplied by private persons pertaining to export services;
4. Financial and commercial information and records supplied by businesses or individuals as part of an application for loans or program services or application for economic development loans or program services;
5. Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;
6. Proprietary data, trade secrets, or other information that relates to:
7. A vendor’s unique methods of conducting business;
8. Data unique to the product or services of the vendor; or
9. Determining prices or rates to be charged for services, submitted by any vendor to any public body;
10. Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;
11. Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to any public body.

1-27-1.7. Certain drafts, notes, and memoranda exempt from disclosure. Drafts, notes, recommendations, and memoranda in which opinions are expressed or policies formulated or recommended are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive.

1-27-1.8. Certain records relevant to court actions exempt from disclosure. Any record that is relevant to a controversy to which a public body is a party but which record would not be available to another party under the rules of pretrial discovery for causes pending in circuit court are exempt from disclosure pursuant to §§ 1-27-1 to 1-27-1.15, inclusive.

1-27-1.9. Documents or communications used for decisional process arising from person’s official duties not subject to compulsory disclosure. No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person’s official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.

1-27-1.10. Redaction of certain information. In response to any request pursuant to § 1-27-36 or    1-27-37, a public record officer may redact any portion of a document which contains information precluded from public disclosure by § 1-27-3 or which would unreasonably invade personal privacy, threaten public safety and security, disclose proprietary information, or disrupt normal government operations. A redaction under this section is considered a partial denial for the application of § 1-27-37.

1-27-1.11. Subscription or license holder list of Department of Game, Fish and Parks and certain insurance applicant and policyholder information available for fee—Resale or redistribution prohibited—Misdemeanor. Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.

Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.

1-27-1.12. Chapter inapplicable to Unified Judicial System. The provisions of this chapter do not apply to records and documents of the Unified Judicial System.

1-27-1.13.   Certain records not available to inmates. The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate’s attorney requesting information that is subject to disclosure under this chapter.

1-27-1.14. Redaction of records of office of register of deeds recorded prior to July 1, 2010. This chapter does not require redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds.

1-27-1.15. Immunity for good faith denial or provision of record. No civil or criminal liability may attach to a public official for the mistaken denial or provision of a record pursuant to this chapter if that action is taken in good faith.

1-27-1.16. Material relating to open meeting agenda item to be available—Exceptions—Violation as a misdemeanor. If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body’s website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the material is not posted to the governing body’s website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifically exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with § 1-25-2. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26.

1-27-1.17. Draft minutes of public meeting to be available—Exceptions—Violation as a misdemeanor. The unapproved, draft minutes of any public meeting held pursuant to § 1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the meeting is available to the public on the governing body’s website within five business days after the meeting. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to draft minutes of contested case proceedings held in accordance with the provisions of chapter 1-26.

1-27-1.18. Recommendations, findings, and reports of appointed working groups to be reported in open meeting—Action by governing body. Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the definition of a political subdivision or public body pursuant to § 1-25-1, but was appointed by the governing body, shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group. The governing body shall delay taking any official action on the recommendations, findings, or reports until the next meeting of the governing body.

1-27-1.23. Settlement agreements to be public records—Redaction of victim information—Temporary confidentiality for ongoing litigation. An agency of the state or a political subdivision may not enter into a settlement agreement with a party to any civil action or proceeding involving a claim for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality of the terms of the settlement. A settlement agreement under this section is a public record as defined under § 1-27-1.1. For good cause shown, the court may order the redaction of the name of any victim of crime within the settlement agreement under this section. Notwithstanding any other provision of law, an agency of the state or a political subdivision may temporarily maintain the confidentiality of the settlement agreement related to ongoing litigation. The settlement agreement shall become a public record as defined under § 1-27-1.1 upon the final disposition and the exhaustion of any appeal from the related litigation.

1-27-3. Records declared confidential or secret. Section 1-27-1 shall not apply to such records as are specifically enjoined to be held confidential or secret by the laws requiring them to be so kept.

1-27-4. Format of open record. Any record made open to the public pursuant to this chapter shall be maintained in its original format or in any searchable and reproducible electronic or other format. This chapter does not mandate that any record or document be kept in a particular format nor does it require that a record be provided to the public in any format or media other than that in which it is stored.

1-27-4.1. Format of written contracts—Storage with records retention officer or designee—Duration. Any written contract entered by the state, a county, a municipality, or a political subdivision shall be retained in the contract’s original format or a searchable and reproducible format. Each contract shall be stored with the records retention officer of that entity or with the designee of the records retention officer unless the contract is required by law to be retained by some other person. Each contract shall be stored during the term of the contract and for two years after the expiration of the contract term.

1-27-4.2. Availability of contract through internet website or database. Any contract retained pursuant to § 1-27-4.1 may be made available to the public through a publicly accessible internet website or database.

1-27-35. Informal requests for disclosure of records — Costs of retrieval or reproduction. Any informal request for disclosure of documents or records shall be made to the custodian of the record. The custodian of the record may then provide the requestor with the document or record upon payment of the actual cost of mailing or transmittal, the actual cost of reproduction, or other fee established by statute or administrative rule. A requestor that makes an informal request requiring the dedication of staff time in excess of one hour may be required to pay the cost of the staff time necessary for the location, assembly, or reproduction of the public record. If any records are required or permitted to be made public upon request and no other rate is prescribed for reproduction or retrieval of such records, the Bureau of Human Resources and Administration shall establish, by rules promulgated pursuant to chapter 1-26, the maximum rate, or the formula for calculating rates, for reproduction and retrieval.

1-27-36. Estimate of retrieval and reproduction cost — Waiver or reduction of fee. For any informal request reasonably likely to involve a fee in excess of fifty dollars, the custodian shall provide an estimate of cost to the requestor prior to assembling the documents or records and the requestor shall confirm in writing his or her acceptance of the cost estimate and agreement to pay. The custodian may exercise discretion to waive or reduce any fee required under this section if the waiver or reduction of the fee would be in the public interest.

1-27-37. Written request for disclosure of records. If an informal request is denied in whole or in part by the custodian of a document or record, a written request may be made by the requestor pursuant to this section:

1. A written request may be made to the public record officer of the public entity involved. The public record officer shall promptly respond to the written request but in no event later than ten business days from receipt of the request.  The public record officer shall respond to the request by:

        (a) Providing the record in whole or in part to the requestor upon payment of any applicable fees pursuant to §§ 1-27-35 and 1-27-36;

        (b) Denying the request for the record; or

         (c) Acknowledging that the public record officer has received the request and providing an estimate of the time reasonably required to further respond thereto;

2. Additional time to respond to the written request under subsection (1)(c) of this section may be based upon the need to clarify the nature and scope of the written request, to locate and assemble the information requested, to notify any third persons or government agencies affected by the written request, or to determine whether any of the information requested is not subject to disclosure and whether a denial should be made as to all or part of the written request;
3. If a written request is unclear, the public record officer may require the requestor to clarify which records are being sought. If the requestor fails to provide a written response to the public record officer’s request for clarification within ten business days, the request shall be deemed withdrawn and no further action by the public records officer is required;
4. If the public record officer denies a written request in whole or in part, the denial shall be accompanied by a written statement of the reasons for the denial;
5. If the public record officer fails to respond to a written request within ten business days, or fails to comply with the estimate provided under subsection (1)(3) of this section without provision of a revised estimate, the request shall be deemed denied.

1-27-38. Civil action or administrative review of denial of written request or estimate of fees.  If a public record officer denies a written request in whole or in part, or if the requestor objects to the public record officer’s estimate of fees or time to respond to the request, a requestor may within ninety days of the denial commence a civil action by summons or, in the alternative, file a written notice of review with the Office of Hearing Examiners. The notice of review shall be mailed, via registered or certified mail, to the Office of Hearing Examiners and shall contain:

1. The name, address, and telephone number of the requestor;
2. The name and business address of the public record officer denying the request;
3. The name and business address of the agency, political subdivision, municipal corporation, or other entity from which the request has been denied;
4. A copy of the written request;
5. A copy of any denial or response from the public record officer; and
6. Any other information relevant to the request that the requestor desires to be considered.

1-27-39. Response to notice of review.  Upon receipt, the Office of Hearing Examiners shall promptly mail a copy of the notice of review filed pursuant to § 1-27-38 and all information submitted by the requestor to the public record officer named in the notice of review. The entity denying the written request may then file a written response to the Office of Hearing Examiners within ten business days. If the entity does not file a written response within ten business days, the Office of Hearing Examiners shall act on the information provided. The Office of Hearing Examiners shall provide a reasonable extension of time to file a written response upon written request or agreement of parties.

1-27-40. Findings and decision of Office of Hearing Examiners.  Upon receipt and review of the submissions of the parties, the Office of Hearing Examiners shall make written findings of fact and conclusions of law, and a decision as to the issue presented. Before issuing a decision, the Office of Hearing Examiners may hold a hearing pursuant to chapter 1-26 if good cause is shown. 

1-27-40.1. Time for compliance with decision or appeal.   If the office of hearing examiners enters a decision to § 1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the order or to file an appeal pursuant to § 1-27-41.

1-27-40.2. Costs, disbursements, and civil penalty for unreasonable, bad faith denial of access.   In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41, if the court determines that the public entity acted unreasonably and in bad faith the court may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records were delayed through the fault of the public entity. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

1-27-41. Appeal.  The aggrieved party may appeal the decision of the Office of Hearing Examiners to the circuit court pursuant to chapter 1-26. In any action or proceeding under §§ 1-27-35 to 1-27-43, inclusive, no document or record may be publicly released until a final decision or judgment is entered ordering its release.

1-27-42. Public record officer for the state, county, municipality, township, school district, special district, or other entity.  The public record officer for the state is the secretary, constitutional officer, elected official, or commissioner of the department, office, or other division to which a request is directed. The public record officer for a county is the county auditor or the custodian of the record for law enforcement records. The public record officer for a first or second class municipality is the finance officer or the clerk or the custodian of the record for law enforcement records. The public record officer for a third class municipality is the president of the board of trustees or the custodian of the record for law enforcement records. The public record officer for an organized township is the township clerk. The public record officer for a school is the district superintendent or CEO. The public record officer for a special district is the chairperson of the board of directors. The public record officer for any other entity not otherwise designated is the person who acts in the capacity of the chief financial officer or individual as designated by the entity.

1-27-43. Form of notice of review — Office of Hearing Examiners’ notice.  The following forms are prescribed for use in the procedures provided for in §§ 1-27-35 to 1-27-42, inclusive, but failure to use or fill out completely or accurately any of the forms does not void acts done pursuant to those sections provided compliance with the information required by those sections is provided in writing.

You must include with the submission of this Notice of Review — Request for Disclosure of Public Records form the following information:  (1) A copy of your written request to the public record officer; (2) A copy of the public record officer’s denial or response to your written request, if any; and (3) Any other information relevant to the request that you desire to be considered.

I hereby certify that the above information is true and correct to the best of my knowledge.

Signature of Requestor:_____________________________________________________________

The Notice of Review — Request for Disclosure of Public Records form shall be completed and submitted, via registered or certified mail, return receipt, to the following address:

Office of Hearing Examiners
500 E. Capitol Avenue
Pierre, South Dakota 57501

605-773-6811

SOUTH DAKOTA OFFICE OF HEARING EXAMINERS NOTICE OF REQUEST FOR DISCLOSURE OF PUBLIC RECORDS

TO: (Public Record Officer & Governmental Entity)______________________________________

__________________ has filed a Notice of Review — Request for Disclosure of Public Records. A copy of the Notice of Review — Request for Disclosure of Public Records is attached for your review.

You may file a written response to the Notice of Review — Request for Disclosure of Public Records within ten (10) business days of receiving this notice, exclusive of the day of service, at the following address:

Office of Hearing Examiners
500 E. Capitol Avenue
Pierre, South Dakota 57501

605-773-6811

The Office of Hearing Examiners may issue its written decision on the information provided and will only hold a hearing if it deems a hearing necessary.

If you have any questions, please contact the Office of Hearing Examiners.

Dated this __ day of ________________, 20__.

                                                                                    _________________________________

                                                                                    Office of Hearing Examiners

1-27-45. Searchable internet website for posting and access of public records and financial information. The state shall maintain a searchable internet website for the posting and access of public records and financial information of the state, municipalities, counties, school districts, and other political subdivisions. The content and operation of the website shall be administered jointly by the Bureau of Human Resources and Administration, Bureau of Finance and Management, and Bureau of Information and Telecommunications.

1-27-46. Contracts to be displayed on searchable internet website. The state shall display on the searchable internet website created pursuant to § 1-27-45 copies of each written contract for supplies, services, or professional services of ten thousand dollars or more, each written contract filed with the state auditor pursuant to § 1-24A-1, and each written contract filed with the attorney general pursuant to § 1-11-15. Each contract shall be displayed electronically not less than sixty days after commencement of the contract term and for not less than one year following the end of the contract term.

1-27-47.   Affordability of public access to electronic records database.  A public entity that creates or maintains an electronic public records database or that enters into a contract for an electronic public records database shall consider the cost and affordability of public access.

1-27-48.   Documentation regarding information stored in electronic records system.  A public entity shall make available, upon request, the following documentation for each electronic records system:

1. A narrative description of the system purpose and functionality; and
2. Such information as may be reasonably necessary for a member of the public to request the public information that is stored in the electronic records system.

PUBLIC EMPLOYEE UNIONS

SDCL 3-18

3-18-1. Employees subject to chapter — Excluded officers and employees — Rights preserved to excluded persons. The term, public employee, as used in this chapter means any person holding a position by appointment or employment in the government of the State of South Dakota or in the government of any one or more of the political subdivisions thereof, or in the service of the public schools, or in the service of any authority, commission, or board, or any other branch of the public service. The term does not include:

1. Elected officials and persons appointed to fill vacancies in elective offices and members of any board or commission;
2. Administrators except elementary and secondary school administrators, administrative officers, directors, or chief executive officers of a public employer or major divisions thereof as well as chief deputies, first assistants, and any other public employees having authority in the interest of the public employer to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other public employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend any action, if in connection with the foregoing, and the exercise of the authority is not of a merely routine or clerical nature, but requires the use of independent judgment;
3. Students working as part-time employees twenty hours per week or less;
4. Temporary public employees employed for a period of four months or less;
5. Commissioned and enlisted personnel of the South Dakota National Guard;
6. Judges and employees of the unified court system;
7. Legislators and the full-time and part-time employees of the legislature or any state agency that statutorily is directed by the legislative branch; or
8. Any person employed by the Board of Regents or employed by an institution under the authority of the Board of Regents, except a person employed at the South Dakota Services for the Deaf or the South Dakota School for the Blind and the Visually Impaired who is not otherwise excluded by subdivision (2), (3), or (4).

This section does not preclude employees described in subdivisions (1) to (8), inclusive, from joining professional, noncollective bargaining organizations.

3-18-1.1. “Grievance” defined. The term “grievance” as used in this chapter means a complaint by a public employee or group of public employees based upon an alleged violation, misinterpretation, or inequitable application of any existing agreements, contracts, ordinances, policies or rules of the government of the state of South Dakota or the government of any one or more of the political subdivisions thereof, or of the public schools, or any authority, commission, or board, or any other branch of the public service, as they apply to the conditions of employment. Negotiations for, or a disagreement over, a nonexistent agreement, contract, ordinance, policy or rule is not a “grievance” and is not subject to this section. 

3-18-2. Rights relating to labor organizations — Designation of representatives — Discrimination against employees exercising rights as misdemeanor — Good faith negotiations — Intimidation. Public employees shall have the right to form and join labor or employee organizations, and shall have the right not to form and join such organizations. Public employees shall have the right to designate representatives for the purpose of meeting and negotiating with the governmental agency or representatives designated by it with respect to grievance procedures and conditions of employment and after initial recognition by the employer, it shall be continuous until questioned by the governmental agency, labor or employee organization, or employees, pursuant to § 3-18-5. It is a Class 2 misdemeanor to discharge or otherwise discriminate against an employee for the exercise of such rights, and the governmental agency or its designated representatives shall be required to meet and negotiate with the representatives of the employees at reasonable times in connection with such grievance procedures and conditions of employment. The negotiations by the governmental agency or its designated representatives and the employee organization or its designated representatives shall be conducted in good faith. Such obligation does not compel either party to agree to a proposal or require the making of a concession but shall require a statement of rationale for any position taken by either party in negotiations. It shall be unlawful for any person or group of persons, either directly or indirectly to intimidate or coerce any public employee to join, or refrain from joining, a labor or employee organization. 

3-18-3. Exclusive representation by designated representatives — Right to adjust grievances preserved. Representatives designated or selected for the purpose of formal representation by the majority of the employees in a unit appropriate for such purposes shall be the exclusive representatives of all employees in such unit for the purpose of representation in respect to rates of pay, wages, hours of employment, or other conditions of employment; provided that salary increases for Board of Regents’ faculty and exempt staff may only be distributed to address institutional priorities, program needs, performance meeting or exceeding expectations, or internal or external market considerations. Notwithstanding any other provision of this section, any individual employee, or a group of employees, shall have the right at any time to present grievances to their employer and to have such grievances adjusted without the intervention of the formal representative as long as the adjustment is not inconsistent with the terms of any settlement with the formal representative then in effect; provided that the formal representative has been given opportunity to be present at such adjustment.

3-18-3.1. Unfair practices of employers defined. It shall be an unfair practice for a public employer to:

1. Interfere with, restrain or coerce employees in the exercise of rights guaranteed by law;
2. Dominate, interfere or assist in the formation or administration of any employee organization, or contribute financial or other support to it; provided, an employer shall not be prohibited from permitting employees to confer with him during working hours without loss of time or pay;
3. Discriminate in regard to hire or tenure or employment or any term or condition of employment to encourage or discourage membership in any employee organization;
4. Discharge or otherwise discriminate against an employee because he has filed a complaint, affidavit, petition or given any information or testimony under this chapter;
5. Refuse to negotiate collectively in good faith with a formal representative; and
6. Fail or refuse to comply with any provision of this chapter.

3-18-3.2. Unfair practices of employee organizations defined. It is unfair practice for an employee organization or its agents to:

1. Restrain or coerce an employee in the exercise of the rights guaranteed by this chapter. However, this subdivision does not impair the right of an employee organization to prescribe its own requirements with respect to the acquisition or retention of membership therein;
2. Restrain or coerce an employer in the selection of his representative for the purposes of collective bargaining or the adjustment of grievances;
3. Cause or attempt to cause an employer to discriminate against an employee in violation of subdivision 3-18-3.1 (3) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground; and
4. Refuse to negotiate collectively in good faith with an employer, provided it is the formal representative.

3-18-3.3. Rules on unfair practices. The Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to specify procedures to enforce the provision of §§ 3-18-3.1 and 3-18-3.2.

3-18-3.4. Time for filing complaint on unfair practice. Any complaint brought under the provisions of §§ 3-18-3.1 and 3-18-3.2 shall be filed with the Department of Labor and Regulation within sixty days after the alleged commission of an unfair labor practice occurs or within sixty days after the complainant should have known of the offense.

3-18-4. Investigation and hearing on refusal to grant formal recognition or on question of designation of representation unit. When a governmental agency declines to grant formal recognition or when a question concerning the designation of a representation unit is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and, after a hearing if requested by any party, rule on the definition of the appropriate representation unit. The department shall certify to the parties in writing the proper definition of the unit. In defining the unit, the department shall take into consideration, along with other relevant factors, the principles of efficient administration of government, the principles and the coverage of uniform comprehensive position classification and compensation plans in the governmental agency, the history and extent of organization, occupational classification, administrative and supervisory levels of authority, geographical location, and the recommendations of the parties. 

3-18-5. Question on representative of employees — Petition for investigation or certification — Hearing to ascertain representatives for formal recognition. When a question concerning the representative of employees is raised by the governmental agency, labor or employee organization, or employees, the Department of Labor and Regulation or any person designated by it shall, at the request of any of the parties, investigate such question and certify to the parties in writing, the name or names of the representatives that have been designated or selected. The filing of a petition for the investigation or certification of a representative of employees by any of the parties shall constitute a question within the meaning of this section. In any such investigation, the department may provide for an appropriate hearing, and shall take a secret ballot of employees to ascertain such representatives for the purposes of formal recognition. If the department has certified a formally recognized representative in a unit of employees as provided in § 13-8-4, it shall not be required to consider the matter again for a period of one year unless it appears to it that sufficient reason exists.

3-18-6. Promulgation of rules of procedure for elections and negotiations. The secretary of labor and regulation shall promulgate rules pursuant to chapter 1-26 to carry out the provisions of §§ 3-18-4, 3-18-5 and 3-18-8.1. The rules shall specify:

1. The procedure to be used for the election to determine representation for formal recognition; and

2. The procedure to follow when negotiations reach an impasse. 

3-18-7. Tentative settlement between labor or employee organization and designated representatives of agency — Action by governing body or officer. If a tentative settlement is reached between a labor or employee organization or organizations and the designated representatives of the governmental agency, such representatives shall recommend such settlement to the governing body or officer having authority to take action. The governing body or officer shall as soon as practicable consider the recommendations and take such action, if any, upon them as it or he deems appropriate.

3-18-8. Implementation of settlement between labor or employee organization and governing body. If a settlement is reached with a labor or employee organization or organizations and the governing body, such governing body shall implement the settlement in the form of an agreement which shall be effective only upon approval by resolution of the governing body. If the settlement requires the adoption of a law or charter amendment to implement it fully, the governmental agency shall make every reasonable effort to propose and secure the enactment of the law or charter amendment.

3-18-8.1. Intervention by department on failure to reach agreement. In case of impasse or failure to reach an agreement in negotiations conducted under the provisions of this chapter, either party may request the Department of Labor and Regulation to intervene under the provisions of §§ 60-10-1 to 60-10-3, inclusive. Such request shall be mailed within ten days after a written statement is delivered to the designated representative for the other party declaring an impasse. Nothing in this section prohibits the parties to an impasse from adopting any other procedure to facilitate a settlement that is mutually agreeable.

3-18-8.2. Issuance of contracts by school districts prior to reaching agreement — Terms and conditions. Any school district issuing contracts to teachers for the ensuing year, but prior to reaching agreement with the representatives of the recognized employee unit, shall issue the contracts under the same terms and conditions as for the current year. If no agreement is reached in negotiations and the intervention of the labor department under § 3-18-8.1 fails to bring about an agreement, the board shall implement, as a minimum, the provisions of its last offer, including tentative agreements. If the labor department is not requested to intervene under the provisions of § 3-18-18.1, the board shall implement the provisions of its last offer, including tentative agreements, eleven days after an impasse is declared.

3-18-9. “Strike” defined. The word “strike” as used in this chapter shall mean the failure to report for duty, the willful absence from one’s position, the stoppage of work, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment by concerting action with others, and without the lawful approval of one’s superior, or in any manner interfering with the operation of government of the state of South Dakota, the commission, board or branch thereof, for the purpose of coercing a change in the conditions or compensation or the rights, privileges or obligations of employment.

3-18-10. Strike prohibited — Right to submission of grievance. No public employee shall strike against the state of South Dakota, any of the political subdivisions thereof, any of its authorities, commissions, or boards, the public school system or any other branch of the public service. Provided, however, that nothing contained in this chapter shall be construed to limit, impair or affect, the right of any public employee to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment with the full, faithful and proper performance of the duties of employment.

3-18-11. Consent to strikes by supervisors prohibited — Discharge from employment for submission of grievance prohibited. No person exercising any authority, supervision or direction over any public employee shall have the power to authorize, approve or consent to a strike by one or more employees, and such person shall not authorize, approve or consent to such strike, nor shall any such person discharge or cause any public employee to be discharged or separated from his or her employment because of participation in the submission of a grievance in accordance with the provision of § 3-18-10. 

3-18-14. Injunctive relief in case of strike. The governing boards of the state and its political subdivisions may apply for injunctive relief in circuit court immediately upon the existence of a strike or related activities, and the state’s attorney of every county shall have the same duty and enforcement of the chapter.

3-18-15. Right of employee or representative to expression or communication of grievance not limited.  Nothing contained in this chapter shall be construed to limit, impair or affect the right of any public employee or his or her representative to the expression or communication of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as the same is not designed to and does not interfere with the full, faithful and proper performance of the duties of employment; nor shall it be construed to require any public employee to perform labor or services against his will. 

3-18-15.1. Grievance procedures to be established. The governing officer or board of each governmental agency shall enact, by agreement, ordinance, rule or resolution, and make known to its employees a procedure which its employees may follow for prompt informal dispositions of their grievances.

3-18-15.2. Appeal to department — Investigation, hearing, and order by department — Summary disposition of certain claims — Public employees of Board of Regents. If, after following the grievance procedure enacted by the governing body, the grievance remains unresolved, except in cases provided in § 3-6D-15, the grievance may be appealed to the Department of Labor and Regulation by filing an appeal with the department within thirty days after the final decision by the governing body is mailed or delivered to the employee. The department shall conduct an investigation and hearing and shall issue an order covering the points raised, which order is binding on the employee and the governmental agency. However, the department, upon the motion of any party, may dispose of any grievance, defense, or claim:

1. If the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and a party is entitled to a judgment as a matter of law; or
2. At the close of the evidence offered by the proponent of the grievance, defense, or claim if the department determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim.

Nothing in this section gives the department power to grant any contract of employment to a public employee employed by the Board of Regents.

3-18-15.3. Grievance procedure adopted in absence of departmental action.  if no grievance procedure is enacted as provided in § 3-18-15.1, the Department of Labor and Regulation shall promulgate rules pursuant to chapter 1-26 to adopt a standard grievance procedure to carry out the provisions of § 3-18-15.1.

3-18-15.4. Change in policies not prohibited — Contractual rights preserved. Nothing in this chapter prevents a governmental agency from legally changing any ordinance, policy or rule that is currently the subject matter of a grievance procedure. However, any prior contractual rights may not be affected by a subsequent change of any ordinance, policy or rule.

3-18-15.5. Grievance procedures for employees of political subdivisions.  The provisions of § 3-18-15.1 do not apply to employees of political subdivisions unless those employees are members of a public employee union or the governing body of a political subdivision has adopted an ordinance or resolution establishing a grievance procedure for all employees of the political subdivision.

3-18-16. Proceedings to establish nonparticipation in strike — Request by employee — Time for proceedings. Any public employee, upon request, shall be entitled, as hereinafter provided, to establish that he did not violate the provisions of § 3-18-10 or § 3-18-11. Such requests must be filed in writing with the officer or body having the power and authority over such employees, within ten days after any action has been taken against such employee, whereupon such officer, or body, shall within ten days commence a proceeding at which time such person shall be entitled to be heard for the purpose of determining whether the provisions of § 3-18-10 or § 3-18-11 have been violated by such public employee. Such proceedings shall be undertaken without any unnecessary delay. The decision of such proceedings shall be made within ten days.

3-18-17. Review by trial de novo of decision establishing violation. In the event that the employee involved is held to have violated § 3-18-10 or § 3-18-11 and action is taken against him, he shall have the right of review by a trial de novo in the circuit court. Petition for such trial must be made within twenty days after the decision of the above proceedings is made known to the employee.

PUBLICATION OF SALARIES

6-1-10. Publication of payroll information. Notwithstanding the provisions of §§ 7-18-3, 9-18-1 and 13-8-35, the boards of county commissioners, the governing board of each municipal corporation, and school boards shall publish with the minutes of the first meeting following the beginning of the fiscal year, or within thirty days thereafter, or in the minutes of the first meeting following the completion of salary negotiations with employees for that fiscal year, or within thirty days thereafter, a complete list of all the salaries of all officers and employees and thereafter shall publish once any salary paid to any officer or employee who has been added or whose salary has been increased. The governing board shall publish, in their minutes, at least monthly, a total of payroll by department.

STATE POLICIES AND SUPERVISION

SDCL 13-1

13-1-67.  Divisive concepts – Definition.  For the purposes of §§ 13-1-67 to 13-1-71, inclusive, the term, divisive concepts, means:

1. That any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior;
2. That individuals should be discriminated against or adversely treated because of their race, color, religion, sex, ethnicity, or national origin;
3. That an individual’s moral character is inherently determined by their race, color, religion, sex, ethnicity, or national origin;
4. That an individual, by virtue of their race, color, religion, sex, ethnicity, or national origin is inherently racist, sexist, or oppressive, whether consciously or subconsciously;
5. That individuals, by virtue of race, color, sex, ethnicity, or national origin, are inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity, or national origin;
6. An individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual’s race, color, religion, ethnicity, or national origin;
7. Meritocracy or traits such as a strong work ethic are racist or sexist or were created by members of a particular race or sex to oppress members of another race or sex.

13-1-68.  Engagement with divisive concepts – Compulsion prohibited.  The Board of Regents, or the Board of Technical Education, or any institution under their control, may not direct or compel a student to personally affirm, adopt, or adhere to divisive concepts.

The Board of Regents, or the Board of Technical Education, or any institution under their control, may not require their students or employees to attend or participate in any training or orientation that teaches, advocates, acts upon, or promotes divisive concepts.

13-1-69.  Instruction – Racial classification prohibited.  The Board of Regents, or the Board of Technical Education, or any institution under their control, may not condition enrollment or attendance in a class, training, or orientation on the basis of race or color.

Nothing in this chapter shall be construed to prohibit the required collection or reporting of demographic data by institutions of higher education.

13-1-70.  Use of funding for certain purposes prohibited.  The Board of Regents, or the Board of Technical Education, or any institution under their control, may not authorize or expend funding for any purpose prohibited in §§ 13-1-67 to 13-1-71, inclusive.

13-1-71.  Application and scope of provisions.  Nothing in §§ 13-1-67 to 13-1-71, inclusive:

1. Prevents an employee or a contractor who provides mandatory orientation or training from responding to questions that are raised by participants in the orientation or training and which pertain to the divisive concepts;
2. Pertains to the content or conduct of any course of academic instruction or unit of study at an institution of higher education under the control of the Board of Regents or the Board of Technical Education; or
3. May be construed to inhibit or violate the First Amendment rights of any student or employee, or to undermine the duty of an institution under the control of the Board of Regents or the Board of Technical Education to protect, to the greatest degree, academic freedom, intellectual diversity, and free expression.

SCHOOL BOARD MINUTES AND SCHOOL DISTRICT OFFICERS

SDCL 13-8

13-8-10. Meetings of board—Election of officers—Designation of depository and newspaper—Quorum  The annual meeting shall be held on the second Monday of July unless otherwise designated by the board at the prior regular meeting. Regular meetings shall be on the second Monday of each month unless otherwise designated by the board at the annual meeting. At the annual meeting the school board shall organize by the election of a president and a vice president from its membership, and such officers shall serve until the next annual meeting. The board shall designate the depository or depositories as provided in § 13-16-15, and the custodians of all accounts; and designate the legal newspaper to be used for publishing all official notices and proceedings. A majority of the members of the school board constitutes a quorum for the purpose of conducting business. Any board action may be taken if it is approved by the majority of the members voting. 

Special meetings may be held upon call of the president or in the president’s absence by the vice-president, or a majority of the board members. Notice of such meeting shall be given by the business manager to the board members either orally or in writing in sufficient time to permit their presence.

13-8-34. Approval and signing of minutes of school board. The school board shall approve the minutes of every meeting of the board within forty-five days after such meeting. The presiding officer and the business manager shall sign the minutes of all annual, regular and special meetings after they have been approved.

13-8-35. Publication of minutes of board—Contents--Changes after publication—Business manager to sign. Within twenty days after a meeting of the school board, the board shall cause to be published in the designated legal newspaper a full account of the unapproved proceedings of such meeting, giving a detailed statement of all expenditures of money, with the names of persons to whom payment is made, showing the service rendered or goods furnished, a detailed statement of receipts, and balance on hand. Expenditures and receipts of trust and agency funds may be published in total only.

If the published minutes of the previous meeting of the board are modified, amended or corrected by such board subsequent to such publication and prior to approval by the board, such changes shall be reflected in the minutes of the meeting at which such modifications, amendments or corrections are made.

The business manager shall sign each legal publication submitted to the newspaper.

13-8-43. Records of business manager open to public inspection. All reports, books, records, contracts, and papers in the office of the business manager relating to school business in the district shall be retained in the office of the business manager and at all times open to the inspection of the president of the board, the secretary of the Department of Education and county auditor, and at reasonable hours to any voter or taxpayer.

13-8-44. Destruction, falsification or failure to deliver records as misdemeanor. It is a Class 1 misdemeanor for any administrator knowingly to mutilate or destroy any of the books, accounts, or records of his office or sign, transmit, issue or publish a false statement relating thereto, or fail to deliver to his successor all the books, accounts, and records on demand of his successor, the president of the board or the secretary of the Department of Education.

6-1-17. Official prohibited from discussing or voting on issue if conflict of interest exists—Legal remedy. No county, municipal, or school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires such official to be disqualified from participating in discussion or voting. However, no such official may participate in discussing or vote on an issue if the following circumstances apply:

1. The official has a direct pecuniary interest in the matter before the governing body; or
2. At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit such official from voting on a specific matter.

If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official’s vote.

SCHOOL DISTRICT EMPLOYEES

SDCL 13-10

13-10-2. General power of school boards to employ personnel. The school board shall have the power to employ personnel deemed necessary by the board and to define the duties and fix the compensation of each. 

13-10-3. Group life and health insurance for employees and retirees. Any school board may enter into group life and group health insurance contracts, including contracts for dental and vision insurance provided by private carriers, or may self insure, for the protection and benefit of its employees, the immediate families of such employees, and former employees who have retired, and may pay any part or all of the necessary premiums therefor.

13-10-4. Retirement pension agreement with employees—Premiums. Subject to the provisions of §§ 3-12C-304 and 3-12C-305, any school board shall have the power to enter into a retirement pension agreement with its employees for their benefit and to pay any part or all of the necessary premiums therefore. 

13-10-8. Discontinuance of retirement system by board. Such retirement pension system may be discontinued at any time by the school board of any district in which it has been established. On such discontinuance all pension payments shall be discontinued. 

13-10-9. Liability insurance for protection of employees.  Any school board shall have power to carry public liability insurance protecting its employed personnel against liability suits which might be brought against them for acts of negligence while performing their duties as employees of the school district. 

13-10-12. Criminal background investigation—Prospective employees, technical college instructors, and student teachers—Temporary employment pending results. Each person over eighteen years of age hired by a school district shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation.  The school district shall submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service.  If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check.  Any person whose employment is subject to the requirements of this section may enter into service on a temporary basis pending receipt of results of the criminal background investigation.  The employing school district may, without liability, withdraw its offer of employment or terminate the temporary employment without notice if the report reveals a disqualifying record.  The employing school district may pay any fees charged for the cost of fingerprinting or the criminal background investigation for any person whose employment is subject to the requirements of this section. Any person hired to officiate, judge, adjudicate, or referee a public event sponsored by a school district is not required to submit to a criminal background investigation as required in this section.  In addition, any instructor employed by a technical college is required to submit to a criminal background investigation as required in this section at the time of initial employment. 

The criminal investigation required by this section with respect to a student teacher completing requirements for teacher certification shall be conducted by the school district. A criminal background investigation, of a student teacher, conducted by a school district may be provided to any other school in which the student engages in student teaching. The school district conducting the criminal background investigation of a student teacher may rely upon the results of that investigation for employment of that person as an employee of the district.

13-10-12.1 Single investigation required of employee of multiple school districts-Condition-Procedure for transfer of report.  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.

13-10-13. Criminal conviction as factor in hiring decision. A school district may refuse to employ a person, either directly or by contract, who has been convicted of a crime involving moral turpitude as defined in subdivision 22-1-2(25).

No person may be employed by a school district, either directly or by contract, if the person has been convicted of a crime of violence as defined in subdivision 22-1-2(9), a sex offense as defined in § 22-22-30, or trafficking in narcotics.

Nothing in this section prohibits a school district from considering any criminal conviction in making a hiring decision. 

13-10-14. Persons continuously employed from July 1, 2000, exempt from criminal background check. Any person employed by a South Dakota school district on July 1, 2000, who remains continuously employed by the same South Dakota school district for consecutive school years is not required to submit to a criminal background check as provided in §13-10-12.

13-10-15. Suspension or resignation of employee for criminal conviction—Reporting. If a school board or governing body of any accredited school suspends an employee or an employee resigns or is terminated as a result of a criminal conviction, the superintendent or chief administrator shall, within ten days of the date of the suspension or the date the employment is severed, report the circumstances and the name of the employee to the Department of Education. Any superintendent or chief administrator who fails to report under this section is subject to sanctions found in §13-8-48.

13-10-16. Conviction defined. For purposes of §§ 13-10-12 to 13-10-16, inclusive, the term, conviction, means a plea or verdict of guilty or a conviction following a plea of nolo contendere in this state or any other state. A duly certified copy of the court record is proof of the conviction and sentence.

13-10-17. School counselors. If a school district employs a school counselor, on either a full-time or part-time basis, or contracts for the services of a school counselor through an educational cooperative or other entity, that school counselor shall be certified in accordance with the standards established by the South Dakota Board of Education Standards pursuant to § 13-1-12.1.

GENERAL STATE AID TO SCHOOLS

SDCL 13-13

13-13-10.1.  Definitions.  The education funding terms and procedures referenced in this chapter are defined as follows:

1. 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 and are attending a public school may be included in the fall enrollment of the receiving district when enrolled in the receiving district;
2. "Fall enrollment," is calculated as follows:

(a) Determine the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year;

(b)    Subtract the number of students for whom the district receives tuition except for:

(i)    Nonresident students who are in the care and custody of a state agency and are attending a public school district; and

(ii)    Students who are being provided an education pursuant to § 13-28-11; and

(c)    Add the number of students for whom the district pays tuition.

When computing state aid to education for a school district pursuant to § 13-13-73, the secretary of the Department of Education shall use the school district's fall enrollment;

3. "Target teacher ratio factor," is:

(a)    For school districts with a fall enrollment of two hundred or less, the target teacher ratio factor is 12;

(b)    For districts with a fall enrollment of greater than two hundred, but less than six hundred, the target teacher ratio factor is calculated as follows:

(i)    Multiplying the fall enrollment by .00750; and

(ii)    Adding 10.50 to the resulting product; and

(c)    For districts with a fall enrollment of six hundred or greater, the target teacher ratio factor is 15.

The fall enrollment used for the determination of the target teacher ratio for a school district may not include any students residing in a residential treatment facility when the education program is operated by the school district;

4. "English learner (EL) adjustment," is calculated by multiplying 0.25 times the number of kindergarten-through-twelfth-grade students who, in the prior school year, scored below level four on the state-administered language proficiency assessment as required in the state's consolidated state application pursuant to § 1111(b)(2)(G) of the Every Student Succeeds Act of 2015;
5. "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;
6. "Target teacher salary," for the school fiscal year beginning July 1, 2025, is $62,821.19. Each school fiscal year thereafter, the target teacher salary is the previous fiscal year's target teacher salary increased by the index factor;
7. "Target teacher benefits," is the target teacher salary multiplied by twenty-nine percent;
8. "Target teacher compensation," is the sum of the target teacher salary and the target teacher benefits;
9. "Overhead rate," is thirty-eight and seventy-eight-hundredths percent. Beginning in school fiscal year 2018, the overhead rate must be adjusted to take into account the sum of the amounts that districts exceed the other revenue base amount;
10. "Local need," is calculated as follows:

(a)    Divide the fall enrollment by the target teacher ratio factor;

(b)    If applicable, divide the English Learner adjustment pursuant to subdivision (4) by the target teacher ratio factor;

(c)    Add the results of subsections (a) and (b);

(d)    Multiply the result of subsection (c) by the target teacher compensation;

(e)    Multiply the product of subsection (d) by the overhead rate;

(f)    Add the products of subsections (d) and (e) and subdivision (20);

(g)    When calculating local need at the statewide level, include the amounts set aside for costs related to technology in schools and statewide student assessments;

(h)    When calculating local need at the statewide level, include the amounts set aside for sparse school district benefits, calculated pursuant to §§ 13-13-78 and 13-13-79; and

(i)    When calculating local need at the statewide level, include the amounts set aside for career and technical education calculated pursuant to §§ 13-13-81 and 13-13-82;

11. "Alternative per student need," is calculated as follows:

(a)    Add the total need for each school district for school fiscal year 2016, including the small school adjustment and the English learner adjustment, to the lesser of the amount of funds apportioned to each school district in the year preceding the most recently completed school fiscal year or school fiscal year 2015 pursuant to §§ 10-33-24, 10-35-21, 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25; and

(b)    Divide the result of (a) by the September 2015 fall enrollment, excluding any adjustments based on prior year student counts;

12. "Alternative local need," may only be used by a school district created or reorganized before July 1, 2016, and is the alternative per student need multiplied by the fall enrollment, excluding any adjustments based on prior year student counts;
13. "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42. Beginning on July 1, 2017, local effort includes the amount of funds apportioned to each school district in the year preceding the most recently completed school fiscal year pursuant to §§ 10-33-24, 10-35-21 as provided by subdivision (15), 10-36-10, 10-43-77, 11-7-73, 13-13-4, and 23A-27-25 and that exceeds the other revenue base amount;
14. "Other revenue base amount," is zero;
15. "Wind energy tax revenue," any wind energy tax revenue apportioned to school districts pursuant to § 10-35-21from a wind farm producing power for the first time before July 1, 2016, is considered local effort pursuant to subdivision (13) and other revenue base amount pursuant to subdivision (14). However, for wind energy tax revenue apportioned to a school district from a wind farm producing power for the first time after June 30, 2016, one hundred percent must be retained by the school district to which the tax revenue is apportioned for the first five years of producing power, eighty percent for the sixth year, sixty percent for the seventh year, forty percent for the eighth year, twenty percent for the ninth year, and zero percent thereafter. If a wind farm begins producing power for the first time between October first and December thirty-first in a calendar year, any revenues generated for that time period must be retained by the school district and that time period may not be counted against the first five-year period;
16. "Per student equivalent," for funding calculations that are determined on a per student basis, the per student equivalent is calculated as follows:

(a)    Multiply the target teacher compensation times the sum of one plus the overhead rate; and

(b)    Divide subsection (a) by 15;

17. "Monthly cash balance," the total amount of money for each month in the school district's general fund, calculated by adding all deposits made during the month to the beginning cash balance and deducting all disbursements or payments made during the month;
18. "General fund base percentage," is determined as follows:

(a)    Forty percent for a school district with a fall enrollment as defined in subdivision (2) of two hundred or less;

(b)    Thirty percent for a school district with fall enrollment as defined in subdivision (2) of more than two hundred but less than six hundred; and

(c)    Twenty-five percent for a school district with fall enrollment as defined in subdivision (2) greater than or equal to six hundred.

    When determining the general fund base percentage, the secretary of the Department of Education shall use the lesser of the school district's fall enrollment as defined in subdivision (2) for the current school year or the school district's fall enrollment from the previous two years;

19. "Allowable general fund cash balance," the general fund base percentage multiplied by the district's general fund expenditures in the previous school year; and
20. "Alternative instruction participation adjustment," is calculated by multiplying 0.10 times the number of children who participated in the prior school year in high school interscholastic activities sanctioned or sponsored by the South Dakota High School Activities Association, as permitted by § 13-36-7, while receiving alternative instruction pursuant to § 13-27-3, multiplied by the per student equivalent defined in this section.

13-13-72.  Legislative policy on annual increase in appropriation for state aid.  It is the policy of the Legislature that the appropriation for state aid to education increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local effort and state aid shall be adjusted annually to maintain the proportion between state aid and local property taxes and to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1.

13-13-72.1.  Adjustment to certain levies.  Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. For school fiscal years 2017 to 2022, inclusive, the proportion of local need paid by local effort and state aid shall be adjusted annually to reflect adjustments in local effort due to the implementation of the other revenue base amount as defined in § 13-13-10.1. However, if the levies specified in § 10-12-42 are not adjusted to maintain this relationship, the target teacher salary as defined in § 13-13-10.1 shall be reduced to maintain the relationship between statewide local effort as a percentage of statewide local need.

13-13-73.  Calculation of state aid for each school district.  No later than July 1, 2016, a school district shall notify the secretary of education in writing as to whether the school district’s state aid is to be calculated using the alternative local need calculation. If a school district chooses the alternative local need calculation, the school district shall notify the secretary in writing no later than July first of each subsequent fiscal year as to whether to continue to use the alternative local need calculation for that fiscal year. If a school district chooses not to use the alternative local need calculation, the school district may not use that calculation in any subsequent school year. The secretary of the Department of Education shall compute state aid to education for each school district according to the following calculations:

1. For school districts not utilizing the alternative local need calculation, state aid is local need as defined in § 13-13-10.1 minus local effort, or zero if the calculation is a negative number;
2. For school districts utilizing the alternative local need calculation, state aid is the alternative local need as defined in subdivision 13-13-10.1(5B) minus local effort, or zero if the calculation is a negative number;
3. If the state aid appropriation for the general support of education is in excess of the entitlement provided for in this section and the entitlement provided for in § 13-13-85, the excess shall be used to fund any shortfall of the appropriation as provided for in § 13-13-36.3. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by § 13-37-45 the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.

13-13-73.5. Reduction of state aid by subtracting allowable general fund cash balance from lowest general fund monthly cash balance. Beginning on July 1, 2018, a school district’s state aid for general education as calculated pursuant to § 13-13-73 shall be reduced by subtracting the allowable general fund cash balance from the lowest general fund monthly cash balance. If the result is less than zero, the reduction equals zero.

A school district created or reorganized after July 1, 2016, is exempt from the reduction provided by this section for a period of three years immediately following its creation.

13-13-73.6.  Average teacher salary--Calculation--Required increase.  The Department of Education shall calculate the average teacher salary for each school district, based on data collected pursuant to §§ 13-3-51 and 13-8-47.

Beginning with fiscal year 2025 and every fiscal year thereafter, each school district must increase its average teacher compensation, as referenced in § 13-8-47, so that the cumulative increase in the average teacher compensation since fiscal year 2024 is greater than or equal to the cumulative percentage change in the target teacher salary since fiscal year 2024. A school district complies with this section if the district's average teacher compensation is at least ninety-seven percent of the average teacher compensation otherwise required by this section.

13-13-73.7.  Legislative intent regarding increases in teacher compensation.  It is the intent of the Legislature that any money appropriated for teacher compensation using the education funding plan included in SL 2016, ch 83 be used to directly improve teacher recruiting and retention and that the school districts advance this goal by increasing starting teacher salaries and providing for the rapid acceleration of teacher salaries for those below the midpoint in that teacher’s applicable pay scale.

13-13-73.8.  State minimum salary required--Definition.  Beginning July 1, 2026, each school district must pay each full-time equivalent teacher a salary at least equal to the state minimum salary.

For the purposes of this section, the term "state minimum salary" is forty-five thousand dollars for fiscal year 2025. For fiscal year 2026 and thereafter, the state minimum salary is calculated by increasing the previous year's state minimum salary by the percentage change in the target teacher salary from the previous fiscal year to the current fiscal year as adopted by the legislature.

13-13-73.9.  Required increase or minimum salary--Penalty--Waiver.  The Department of Education must decrease state aid to general education funding to the school district in the following fiscal year by five hundred dollars for each full-time equivalent teacher employed in the school district if:

1. The school district does not increase the school district's average teacher compensation in accordance with § 13-13-73.6; or
2. The school district does not pay each full-time equivalent teacher a salary at least equal to the state minimum salary as defined in § 13-13-73.8.

A school district may request a waiver from any penalty imposed under this section from the School Finance Accountability Board.

SCHOOL GROUNDS AND BUILDINGS

SDCL 13-24

13-24-17.2.  Right to post flag—Opportunity to recite pledge of allegiance—National anthem.  The right to post the United States flag shall not be limited or infringed upon in any public school classroom, public school building, at any public school event, or on any public school uniform. Each school district shall provide students the opportunity to salute the United States and the flag each day by reciting the pledge of allegiance to the flag of the United States. A student may choose not to participate in the salute to the United States and the flag. However, a student who does not participate in the salute shall maintain a respectful silence during the salute. The national anthem may be sung during any school day or school event.

13-24-22.  Representatives of patriotic societies permitted to speak to students at public schools. Representatives of a patriotic society shall be allowed to speak to students during regular school hours at each public school in the state during the first quarter of each academic school year. The patriotic society shall provide the school principal with verbal or written notice of the patriotic society’s intent to speak to the students to inform the students about the civic involvement of the society, and to explain how students may participate in or join the patriotic society. A school principal has discretion over the time, place, and manner when representatives of a patriotic society are allowed to speak to students. A school principal may limit the opportunity to speak to students to the first quarter of the academic year.

For purposes of this section the term, patriotic society, means organizations listed in title 36 of the United States Code, as of July 1, 2018.

13-24-23. National motto to be displayed in prominent location of public school. Beginning in the 2019-2020 school year, the national motto of the United States, “In God We Trust,” shall be displayed in each public school. The display shall be located in a prominent location within each public school. The display may take the form of a mounted plaque, student artwork, or any other appropriate form as determined by the school principal. The display shall be easily readable and may be no smaller than twelve inches wide by twelve inches high.

For the purposes of this section, a prominent location is a school entryway, cafeteria, or other common area where students are most likely to see the national motto display.

13-24-24. Litigation regarding display of national motto—Attorney general to provide representation—State to pay expenses. For any lawsuit brought or any complaint filed against a school district, an employee of a school district, the board of a school district, or a member thereof as a result of a school district displaying the national motto of the United States in accordance with § 13-24-23, the attorney general shall provide legal representation at no cost to the school district, employee, school board, or member of the school board.

In addition to the expenses of representation, the state shall assume financial responsibility for any other related expense incurred by the school district, an employee, the board, or member thereof, including any award for monetary damages, attorney’s fees, and costs for which the school district, an employee, the board, or a member thereof would be otherwise responsible.

SCHOOL TERM AND HOLIDAYS

SDCL 13-26

13-26-1. School fiscal year — Local board to set length of school term, day and week—Number of hours in school term.  

The school fiscal year shall begin July first and end June thirtieth. Each local school board shall set the number of days in a school term, the length of a school day, and the number of school days in a school week. The local school board or governing body shall establish the number of hours in the school term for kindergarten programs, which may not be less than four hundred thirty-seven and one-half hours. The number of hours in the school term for grades one through five may not be less than eight hundred seventy-five hours, exclusive of intermissions. The number of hours in the school term for grades six through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermissions. An intermission is the time when students are at recess or lunch and for grades six through twelve, the passing time between classes.

The minimum number of hours required in this section may be waived by the secretary if the Governor or the President of the United States declares a state of emergency and the affected school is located within the area to which the state of emergency is applicable. The Department of Education shall monitor emergency-related school closures and provide updates to the schools.

During a declared state of emergency, the school district shall forward to the Department of Education, at the time and in the manner requested by the department, a record of the continuous instruction provided to the students. The department shall consider the nature and scope of the instruction provided to determine whether it will count towards the minimum number of hours required in a school term.

13-26-1.1.  Instructional time spent administering statewide academic assessments.  The amount of instructional time spent to administer statewide academic assessments required pursuant to § 13-3-55 in any school district in any school year may not exceed two percent of the total number of instructional hours required in a school year pursuant to § 13-26-1.

13-26-2. Time required in school term—Make up time—Summer term. The school board or governing body shall operate kindergarten through grade twelve in its schools. The school board shall operate grades one through twelve for at least a nine-month regular term in any one school year, and the number of hours in a school term for kindergarten shall be set pursuant to § 13-26-1. The regular school term may be conducted on a year-round basis and shall begin on a date established by the school board. The Board of Education Standards shall promulgate rules pursuant to chapter 1-26 governing the operation and scheduling of year-round schools. Any school board or governing body may release graduating high school seniors from school before the end of the regular term. A school is not required to make up time for school closing because of weather, disease, or emergency once it has reached the minimum number of hours in the school term as required by state law. Graduating seniors are excused from make-up time if the makeup time occurs after the students have graduated or after graduation exercises have been held. If classes have been convened and then are dismissed, or if classes convene at a time later in the day than normal, because of inclement weather, that day constitutes a school day in session equal to the number of hours planned for that day as established in the local school district calendar for the year.

School boards are encouraged to provide time within the regular school term for curriculum and staff development which shall be in addition to the time required in this section. Each school board shall determine the appropriate amount of time for this activity and how best to use the time based on local needs for program development, increased parent participation, student contact, teachers’ preparation, or the other needs of the schools in the district. School is in session only when classes are held and as provided in §§ 13-26-4 and 13-26-4.1. A school board may operate a special term during the summer months.

13-26-9. School board decision on opening day of classes—Petition for referendum. A decision by a school board to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election, for districts with more than five thousand registered voters. Petitions in districts with less than five thousand registered voters must be signed by five percent of the total number of registered voters at the last preceding general election. The board in scheduling the opening day of classes shall allow sufficient time for the referendum process authorized in this section. 

13-26-10. Petition to refer a school board decision on opening day of classes. A petition to refer a school board decision may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval. 

13-26-11. Contents of petition on opening day of classes. The petition shall contain the school board decision regarding the opening day of classes and the date of its passage.

13-26-12. Requirements for voters signing petition. Voters signing a referendum petition under § 13-26-9 shall comply with the same requirements provided for counties under § 7-18A-11, and the petition shall be verified in the same manner as provided for counties in § 7-18A-12.

13-26-13.  Time of election. The election shall be held with the regular school district election.

13-26-14. Publication of referred decision. The business manager of the school district shall have the entire referred decision published once a week for two successive weeks immediately preceding the election. The publication shall include a notice stating the date of election.

13-26-15. Ballots — Printing and distribution. The business manager of the school district shall have ballots printed for the vote upon the referred school board decision and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state’s attorney. All questions to be voted upon at the same election may be submitted upon the same ballot. 

13-26-16. Approval by majority — Rejection. No referred school board decision regarding the opening day of classes shall become operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating thereto. If the decision of the school board to begin classes before the first Tuesday following the first Monday in September is rejected by the voters, the board shall select a date on or after the first Tuesday following the first Monday in September as the opening day of classes.

13-26-17. Non-referral or rejection of referendum — Decision not subject to further referendum. If a school board authorizes year-round school pursuant to § 13-26-2, the school board’s decision to schedule the opening day of classes before the first Tuesday following the first Monday in September may be referred to a vote of the qualified voters pursuant to § 13-26-9. If the decision to schedule the opening day is not referred, or if the referendum is rejected by the qualified voters, the decision shall remain in effect and is not subject to further referendum pursuant to § 13-26-9 for the subsequent consecutive years that the year-round school plan is implemented by the school board.

SUPERVISION AND CONDUCT OF SCHOOL

SDCL 13-32 

13-32-1. Disciplinary authority of students on school premises. Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school sponsored activities whether on or off school premises. Superintendents and principals may also discipline students for aggressive or violent behavior that disrupts school or that affects a health or safety factor of the school or its programs. 

13-32-2. Physical force authorized when reasonable and necessary — Attendance at school functions away from premises — Authority of bus driver. Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise children who have been authorized to attend a school function away from their school premises and to school bus drivers while students are riding, boarding, or leaving the buses.

13-32-3. Reference for psychiatric treatment prohibited without parents’ consent. No public school administrator or teacher shall refer a student for psychiatric treatment within or outside the school without the prior written consent of such student’s parent or guardian.

13-32-4. School board to assist in discipline — Suspension and expulsion of pupils —  Report to local authorities — Hearings — Alternative settings. The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduct, and the superintendent or principal in charge of the school may temporarily suspend any student in accordance with § 12-32-4.2. The rules or policies may include prohibiting the following:

1. The consumption or possession of beer or alcoholic beverages on the school premises or at school activities;
2. The use or possession of a controlled substance, without a valid prescription, on the school premises or at school activities; and
3. The use or possession of a firearm, as provided in § 13-32-7, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions or activities.

In addition to administrative and school board disciplinary action, any violation of § 13-32-7 shall be reported to local law enforcement authorities.

The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expulsion for consumption or possession of beer or alcoholic beverages may not extend beyond ninety school days. If a student has intentionally brought a firearm onto school premises, the expulsion may not be for less than twelve months. 

However, the superintendent or chief administering officer of each local school district or system may increase or decrease the length of a firearm-related expulsion on a case-by-case basis. The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to establish administrative due process procedures for the protection of a student’s rights. The administrative due process procedures shall include a requirement that the school give notice of a student’s due process rights to the parent or guardian of the student at the time of suspension or expulsion. Each school district board shall provide a procedural due process hearing, if requested, for a student in accordance with such rules if the suspension or expulsion of the student extends into the eleventh school day.

This section does not preclude other forms of discipline which may include suspension or expulsion from a class or activity.

This section does not prohibit a local school district from providing educational services to an expelled student in an alternative setting.

13-32-4.1. Attendance policy — Adoption by school board — Suspension and expulsion power unaffected. The school board of every school district may adopt an attendance policy in accordance with procedural due process rules established by the South Dakota Board of Education Standards pursuant to § 13-32-4. Any attendance policy adopted pursuant to this section is not to be construed as limiting the powers of the school board of a school district to suspend or expel students pursuant to § 13-32-4.

 13-32-4.2. Procedure for suspension — Appeal — Hearing. The school board in any district may authorize the summary suspension of pupils by principals of schools for not more than ten school days and by the superintendent of schools for not more than ninety school days. In case of a suspension by the superintendent for more than ten school days, the pupil or his parents or others having his custodial care may appeal the decision of the superintendent to the board of education. Any suspension by a principal shall be immediately reported to the superintendent who may revoke the suspension at any time. In event of an appeal to the board, the superintendent shall promptly transmit to the board a full report in writing of the facts relating to the suspension, the action taken by him and the reasons for such action; and the board, upon request, shall grant a hearing to the appealing party. No pupil may be suspended unless:

1. The pupil is given oral or written notice of the charges against him;
2. The pupil is given an oral or written explanation of the facts that form the basis of the proposed suspension; and
3. The pupil is given an opportunity to present his version of the incident. 

In the event of a suspension for more than ten school days, if the pupil gives notice that he wishes to appeal the suspension to the board, the suspension shall be stayed until the board renders its decision, unless in the judgment of the superintendent of schools, the pupil’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process, in which case the pupil may be immediately removed from school, and the notice and hearing shall follow as soon as practicable. 

13-32-4.3. Effect of student’s suspension or expulsion on enrollment. If any student is under suspension or expulsion in a school district, the student may not enroll in any school district until the suspension or expulsion has expired. The superintendent or school administrator of any school district may prohibit a student from enrolling in that school district if the student is under suspension or expulsion in a school in another state or in a nonpublic school in this state. Upon receiving a request for a student’s permanent school records from the receiving district, the sending school shall provide the receiving district with written notice of any suspension or expulsion.

13-32-4.4. Early reinstatement of expelled student. If a student is expelled from school as provided in § 13-32-4, the school board may grant the student an early reinstatement allowing the student to return to school before the end of the period of expulsion.

13-32-4.5. Conditions for early reinstatement. Any early reinstatement granted by a school board pursuant to § 13-32-4.4 may include one or more specific conditions established by the school board that the expelled student must meet, either prior to the granting of early reinstatement or after the early reinstatement is granted and before the end of the period of expulsion. Any early reinstatement conditions established by the school board for an expelled student shall pertain to the reasons why the student was expelled, and the board shall provide notice of any early reinstatement conditions to the student’s parent or guardian or to the student, if the student is at least eighteen years of age or is an emancipated minor, at the time the student is expelled.

13-32-4.6. Return to school upon fulfillment of conditions—Revocation of early reinstatement. If the superintendent of a school district determines that an expelled student has met the early reinstatement conditions established pursuant to § 13-32-4.5 that the student is required to meet before the student may be granted early reinstatement, the superintendent may grant the student early reinstatement and allow the student to return to school.

If a student violates an early reinstatement condition that the student was required to meet after the student’s early reinstatement, but before the end of the expulsion period, the superintendent of the school district may revoke the student’s early reinstatement. Within five days after revoking an early reinstatement, the superintendent shall provide written notice of the revocation including any early reinstatement condition that was violated by the student to the student’s parent or guardian or to the student, if the student is at least eighteen years of age or an emancipated minor.

If a student’s early reinstatement is revoked, the student’s expulsion shall continue until the end of the original period of expulsion unless the student’s expulsion is firearm-related and the original period of expulsion is modified by the superintendent pursuant to § 13-32-4.

13-32-4.7. Due process procedures—Promulgation of early reinstatement rules. The administrative due process procedures established in ARSD 24:07:04 for the protection of students’ rights in an expulsion procedure apply to the early reinstatement process established in §§ 13-32-4.4 to 13-32-4.6, inclusive, and the South Dakota Board of Education Standards may promulgate rules pursuant to chapter 1-26 to establish additional procedures for the early reinstatement process, including the development of early reinstatement conditions by school boards. 

13-32-5. Injury to school property as ground for suspension or expulsion. Any student, who cuts, defaces, or otherwise injures any schoolhouse, equipment, or outbuilding thereof, is liable to suspension or expulsion.

13-32-6. Disturbance of school as misdemeanor.  A person, whether pupil or not, who intentionally disturbs a public or nonpublic school when in session or who intentionally interferes with or interrupts the proper order or management of a public or nonpublic school by acts of violence, boisterous conduct, or threatening language, so as to prevent the teacher or any pupil from performing his duty, is guilty of a Class 2 misdemeanor.

13-32-7. Possession of firearm or dangerous weapon--Public elementary or secondary school premises or vehicle--Violation--Exceptions.  Any person who intentionally carries, possesses, stores, keeps, leaves, places, or puts into the possession of another person, any dangerous weapon, firearm, or air gun, whether or not the firearm or air gun is designed, adapted, used, or intended to be used primarily for imitative or noisemaking purposes, on or in any public elementary or secondary school premises, vehicle, or building, or on or in any premises, vehicle, or building used or leased for public elementary or secondary school functions, whether or not any person is endangered by any action under this section, is guilty of a Class 1 misdemeanor.

This section does not apply to:

(1)    A law enforcement officer;

(2)    An individual who has completed a school sentinel training course, in accordance with chapter 13-64;

(3)    An individual who:

(a)    Is twenty-one years of age or older;

(b)    Holds an enhanced permit to carry a concealed pistol, issued in accordance with chapter 23-7; and

(c)    Has written permission from the principal of the school or other person who has general control and supervision of the building or grounds;

(4)    An individual who holds any permit to carry a concealed pistol, issued in accordance with chapter 23-7, while that individual is:

(a)    Inside a motor vehicle; or

(b)    Outside a motor vehicle and securing a pistol in, or retrieving a pistol from, the vehicle;

(5)    The use of a starting gun at an athletic event;

(6)    Any firearm or air gun at a:

(a)    Firing range;

(b)    Gun show; or

(c)    Supervised school or session for training in the use of firearms;

(7)    The ceremonial presence of an unloaded weapon at a color guard ceremony;

(8)    A nonpublic school;

(9)    A church or other house of worship; or

(10)    A nonpublic school located on the premises of a church or other house of worship.

13-32-8. School safety patrols — Insurance coverage. Any school board may establish a school safety patrol to supervise students in the directing of other students crossing public streets on their way to and from school. The board of each school district may purchase health, accident and liability insurance to cover all adult and student safety patrol members in the operation of such safety patrol.

13-32-9. Suspension from extracurricular activities for controlled substances violation—Unified Judicial System to give certain notices. Any person adjudicated, convicted, the subject of an informal adjustment or court-approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency 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 thirty calendar days if the person participates in an assessment with a certified or licensed addiction counselor. 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 second adjudication, conviction, diversion or suspended imposition of sentence for possession, use, or distribution of controlled drugs, 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, by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education for one year from the date of adjudication, conviction, diversion, or suspended imposition of sentence. The one year suspension may be reduced to sixty calendar days if the person completes an accredited intensive prevention or treatment program. Upon a third or subsequent adjudication, conviction, diversion or 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, by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity at any secondary school accredited by the Department of Education. Upon such a determination in any juvenile court proceeding the Unified Judicial System shall give notice of that determination to the South Dakota High School Activities Association and the chief administrator of the school in which the person is participating in any extracurricular activity. The Unified Judicial System shall give notice to the chief administrators of secondary schools accredited by the Department of Education for any such determination in a court proceeding for any person eighteen to twenty-one years of age without regard to current status in school or involvement in extracurricular activities. The notice shall include name, date of birth, city of residence, and offense. The chief administrator shall give notice to the South Dakota High School Activities Association if any such person is participating in extracurricular activities.

Upon placement of the person in an informal adjustment or court-approved diversion program, the state’s attorney who placed the person in that program shall give notice of that placement to the South Dakota High School Activities Association and chief administrator of the school in which the person is participating in any extracurricular activity.

As used in this section, the term, extracurricular activity, means any activity sanctioned by the South Dakota High School Activities Association. Students are ineligible to participate in activity events, competitions, and performances, but a local school district may allow a student to participate in practices.

13-32-9.1.  Consequences imposed by local school districts.  No local school board may impose a lesser consequence than those established in § 13-32-9, but a local school district may adopt a policy, by local school board action, with more strict consequences to meet the needs of the district.

13-32-9.2.  Reduced suspensions—Minimum requirements--Commencement of suspension.  If a suspension is reduced pursuant to § 13-32-9, a suspension for a first offense shall make the student ineligible for a minimum of two South Dakota High School Activities Association sanctioned events. If two sanctioned events for which the student is ineligible do not take place within the reduced suspension period, the student’s suspension remains in effect until two sanctioned events for which the student is ineligible have taken place. If a suspension is reduced pursuant to § 13-32-9, a suspension for a second offense shall make the student ineligible for a minimum of six South Dakota High School Activities Association sanctioned events. If six sanctioned events for which the student is ineligible do not take place within the reduced suspension period, the student’s suspension remains in effect until six sanctioned events for which the student is ineligible have taken place. To count toward the minimum number of events, the student must participate in the entire activity season and may not drop out or quit the activity to avoid suspension and the failure of a student to complete the entire activity season shall result in the student being ineligible for one year from the date of adjudication, conviction, the subject of an internal adjustment or court approved diversion program, or the subject of a suspended imposition of sentence or suspended adjudication of delinquency. A suspension that is not completed by the student during one activity season shall carry over to the next activity season in which the student participates. In addition, a suspension that is reduced pursuant to § 13-32-9 is only in effect during the South Dakota High School Activities Association’s activity year, which begins on the first day of its first sanctioned event and concludes on the last day of its last sanctioned event. A reduced suspension that is not completed by the end of one activity year shall carry over to the next activity year.

A suspension begins on:

1. The day following the notification to a school administrator by the Unified Judicial System that a student has been adjudicated, convicted, the subject of an informal adjustment or court approved diversion program, or the subject of a suspended imposition of a sentence or a suspended adjudication of delinquency for possession, use, or distribution of controlled drugs, substances, or marijuana as defined in chapter 22-42, or for ingesting, inhaling, or otherwise taking into the body any substance prohibited by § 22-42-15 and the school administrator gives notice to the South Dakota High School Activities Association and the students; or
2. The day following the student’s admission to a school administrator that the student committed an offense enumerated in subdivision (1), which shall be made with the student’s parent or guardian present if the student is an unemancipated minor, and the school administrator gives notice to the South Dakota High School Activities Association.

13-32-10.  Definition of terms regarding self-administration of medication.  Terms used in this section and §§ 13-32-11 to 13-32-13, inclusive, mean:

1. “Medication,” inhaled bronchodilator or auto-injectable epinephrine, or both;
2. “Parent,” any person standing in parental relation;
3. “School,” any public or nonpublic school;
4. “Self-administration of prescription medication,” a student’s discretionary use of prescription asthma or anaphylaxis medication, or both.

13-32-11.  Student self-administration of prescription asthma and anaphylaxis medication.  Any student with asthma or anaphylaxis may possess and self-administer prescription medication while on school property or at a school-related event or activity if:

1. The prescription medication has been prescribed for that student as indicated by the prescription label on the medication;
2. The self-administration is done in compliance with the prescription or written instructions from the student’s physician or other licensed health care provider; and
3. A parent of the student provides to the school:
4. Written authorization, signed by the parent, for the student to self-administer prescription medication while on school property or at a school-related event or activity;
5. A written statement, signed by the parent, in which the parent releases the school district and its employees and agents from liability for an injury arising from the student’s self-administration of prescription medication while on school property or at a school-related event or activity unless in cases of wanton or willful misconduct;
6. A written statement from the student’s physician or other licensed health care provider, signed by the physician or provider, that states:
7. The student has asthma or anaphylaxis or both, and is capable of self-administering the prescription medication;
8. The name and purpose of the medication;
9. The prescribed dosage for the medication;
10. The times at which or circumstances under which the medication may be administered; and
11. The period for which the medication is prescribed.

The physician’s or provider’s statement must be kept on file in the office of the school nurse of the school the student attends or, if there is not a school nurse, in the office of the principal of the school the student attends.

13-32-12.  Disciplinary action regarding self-administration of medication.  If any student uses the medication in a manner other than prescribed, the student may be subject to disciplinary action by the school. However, the disciplinary action may not limit or restrict the student’s immediate access to the medication.

13-32-13.  Applicability of provisions regarding self-administration of medication.  The provisions of §§ 13-32-10 to 13-32-12, inclusive, do not apply to any of the following group living environments:

1. A facility operated by the Department of Corrections;
2. A facility operated by the Department of Human Services or the Department of Social Services;
3. A group care or residential treatment facility licensed by the Department of Social Services;
4. A residential treatment facility accredited by the Department of Human Services or the Department of Social Services;
5. A community support provider as defined in § 27B-1-17;
6. An intermediate care facility for individuals with intellectual disabilities;
7. A juvenile detention center or holding facility operated by a county; or
8. A hospital or health care facility as defined in § 34-12-1.1.

13-32-14.  Adoption of bullying policy.  If a school district does not have a bullying policy, the school district shall follow the model bullying policy in § 13-32-19 until such time as the school district adopts its own bullying policy. Nothing in §§ 13-32-14 to 13-32-19, inclusive, supplants or preempts an existing school district policy, except that no school district policy prohibiting bullying, whether it is existing or adopted pursuant to §§ 13-32-14 to 13-32-19, inclusive, may contain any protected classes of students.

13-32-15. Bullying defined.  Bullying is a pattern of repeated conduct that causes physical hurt or psychological distress on one or more students that may include threats, intimidation, stalking as defined in chapter 22-19A, physical violence, theft, destruction of property, any threatening use of data or computer software, written or verbal communication, or conduct directed against a student that:

1. Places a student in a reasonable fear of harm to his or her person or damage to his or her property; and either
2. Substantially interferes with a student’s educational performance; or
3. Substantially disrupts the orderly operation of a school.

For the purposes of §§ 13-32-14 to 13-32-19, inclusive, bullying also includes retaliation against a student for asserting or alleging an act of bullying.

13-32-16. Bullying policy requirements.  Each school district policy developed pursuant to §§ 13-32-14 to 13-32-19, inclusive, shall contain the following provisions:

1. A statement prohibiting bullying and a definition of bullying that includes the definition listed in § 13-32-15;
2. A description of the type of behavior expected from each student of the school district, and the consequences for a student of a school district who commits an act of bullying;
3. A procedure for reporting an act of bullying, including provisions that permit a person to anonymously report such an act, although formal disciplinary action may not be based solely on an anonymous report; and
4. A procedure for the prompt investigation and response to any report of bullying, including a requirement that an investigation be conducted on any alleged incident of bullying committed against a child while the child is aboard a school bus, at a school bus stop, or at a school-sponsored event.

13-32-17.  Action for damages from bullying—Immunity for reporting.  Any school district employee, school volunteer, student, or parent who promptly reports in good faith an act of bullying to the appropriate school district official as designated in the school district’s policy, and who makes the report in compliance with the provisions of the school district’s policy is immune from any cause of action for damages arising from failure to remedy the reported incident. Moreover, the provisions of §§ 13-32-14 to 13-32-19, inclusive, do not create a cause of action against any school district, school district employee, school volunteer, student, or parent unless there has been substantial noncompliance with the school district’s policy resulting in injury to a protected person.

13-32-18.  Incidents involving electronic devices.  Neither the physical location nor the time of day of any incident involving the use of computers or other electronic devices is a defense to any disciplinary action taken by a school district for conduct determined to meet the definition of bullying in § 13-32-15.

13-32-19.  Model bullying policy.  The model bullying policy pursuant to §§ 13-32-14 to 13-32-18, inclusive, is as follows:

PROHIBITION OF HARASSMENT, INTIMIDATION, AND BULLYING

The School District is committed to maintaining a constructive, safe school climate that is conducive to student learning and fostering an environment in which all students are treated with respect and dignity.

Persistent bullying can severely inhibit a student’s ability to learn and may have lasting negative effects on a student’s life. The bullying of students by students, staff, or third parties is strictly prohibited and will not be tolerated.

Bullying consists of repeated physical, verbal, non-verbal, written, electronic, or any conduct directed toward a student that is so pervasive, severe, and objectively offensive that it:

1. Has the purpose of creating or resulting in an intimidating, hostile, or offensive academic environment; or
2. Has the purpose or effect of substantially or unreasonably interfering with a student’s academic performance which deprives the student access to educational opportunities.

Any staff member observing or suspecting bullying toward another individual is required to report the issue to his or her building supervisor.

This policy is in effect while students are on property within the jurisdiction of the School Board; while students are in school-owned or school-operated vehicles; and while students are attending or engaged in school-sponsored activities.

The District will act to investigate all complaints (formal or informal, verbal or written) of bullying. A formal complaint may be submitted to the building principal. Any student engaging in an act of bullying is subject to discipline pursuant to the District’s student discipline procedure.

This policy may not be interpreted to prohibit civil exchange of opinions or debate protected under the state or federal constitutions if the opinion expressed does not otherwise materially or substantially disrupt the education process or intrude upon the rights of others.

13-32-20. Policy for school district employees on use of restraint and seclusion.  The school board of each school district shall adopt or revise a school district policy for school district employees on the use of restraint and seclusion. The policy shall contain the following provisions:

1. A procedure for notifying the parent or guardian of the student, unless the student is emancipated, of an incident requiring the use of restraint or seclusion;
2. A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student’s body to keep the student in a face down position on the floor or other surface, except when the use is necessary and reasonable in manner and moderate degree; and
3. A prohibition on the use of involuntary confinement of a student locked alone in a room, unless there is a clear and present danger.

13-32-21. Multi-occupancy changing rooms, sleeping quarters, and restrooms--Definitions.

Terms used in §§ 13-32-21 to 13-32-25, inclusive, mean:

(1)    "Changing room," a room or area in which an individual may be in a state of undress in the presence of others, including a multi-occupancy locker room or shower room;

(2)    "Female," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes eggs for fertilization;

(3)    "Male," an individual who naturally has, had, will have, or would have, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that produces, transports, and utilizes sperm for fertilization;

(4)    "Public school," a school under the authority of the board of a school district;

(5)    "Reasonable accommodation," access to:

(a)    A unisex or family room; or

(b)    A single-occupancy changing room or restroom which has been designated for employees of the district, provided the room is not available to the employees while being used by the student; and

(6)    "Restroom," a room that includes one or more toilets or urinals;

(7)    "Sleeping quarters," a room that contains a bed and in which more than one individual is housed overnight;

(8)    "Sex," an individual's biological sex, either male or female; and

(9)    "Unisex or family room," a changing room or restroom that:

(a)    Is intended for use by a single occupant, a single occupant and the occupant's caregiver, or members of the same family;

(b)    Is enclosed by means of floor-to-ceiling walls; and

(c)    Is accessible by means of a full door, with a secure lock that prevents entry by another individual while the room is in use.

13-32-22. Multi-occupancy changing rooms, sleeping quarters, and restrooms--Designation required--Reasonable accommodation.

A public school must designate any multi-occupancy changing room, restroom, or sleeping quarters in each facility or space owned or rented by the public school for use exclusively by females or for use exclusively by males.

If any student is unable or unwilling to use a multi-occupancy changing room, restroom, or sleeping quarters, in accordance with the designation set forth in this section, and the student, or the student's parent in the case of a student under the age of eighteen, files a written notice with the administrator of the school, the administrator may grant a request for a reasonable accommodation.

A reasonable accommodation granted under this section must be for a stated period of time and may not:

(1)    Exceed the conclusion of the school year; or

(2)    Include access to a facility designated for use exclusively by members of the opposite sex.

13-32-23. Multi-occupancy changing rooms, sleeping quarters, and restrooms--Use restricted--Exceptions.

A male may not enter a changing room or restroom designated exclusively for females.

A female may not enter a changing room or restroom designated exclusively for males.

A public school must take reasonable steps to provide individuals with privacy in changing rooms, restrooms, and sleeping quarters by designating each as available for use exclusively by female students or for use exclusively by male students.

The prohibitions set forth in this section do not apply to:

(1)    The accommodation of an individual protected under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (January 1, 2025) or the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq. (January 1, 2025);

(2)    An individual who accompanies a student requiring assistance because of age;

(3)    A law enforcement officer, fire official, or employee of the district, acting in an official capacity;

(4)    An individual providing emergency medical assistance; or

(5)    An individual providing custodial, maintenance, or inspection services, provided the changing room or restroom is unoccupied.

13-32-24. Multi-occupancy changing rooms, sleeping quarters, and restrooms--School-sanctioned event--Other school accommodations--Designation--Student’s request for reassignment--Private causes of action--Limitation--Attorney’s fees.

If a public school sponsors or sanctions any event that requires students to be provided with changing rooms or sleeping quarters, the school must designate all multi-occupancy changing rooms and sleeping quarters as being for use exclusively by females or exclusively by males. A student may not be required to share sleeping quarters with a member of the opposite sex, unless the individuals are members of the same family.

In any other setting in a public school where an individual may be in a state of undress in the presence of others, the school must provide separate, private areas designated for use by individuals based on the individual's sex. Except as otherwise provided in § 13-32-23, no individual may enter private areas unless the individual is a member of the designated sex.

If a student is unable or unwilling to use a room for overnight sleeping quarters, in accordance with the exclusive designation set forth in this section, that student, or the student's parent in the case of a student under the age of eighteen, may file, with the school administrator, a request to be reassigned to single-occupancy room.

An individual who encounters a member of the opposite sex in a restroom or changing room while making use of a restroom or changing room designated by the public school for use by the individual's sex, has a private cause of action for declaratory and injunctive relief against the school district that:

(1)    Provided the member of the opposite sex permission to use a restroom or changing room of the individual's sex; or

(2)    Failed to take reasonable steps to prohibit the member of the opposite sex from using the restroom or changing room of the individual's sex.

An individual who is assigned by a public school to share sleeping quarters with an individual of the opposite sex has a private cause of action for declaratory and injunctive relief against the school district.

Any civil action brought pursuant to this section must be initiated within two years of the violation. An individual who is aggrieved under this section and prevails in court may recover reasonable attorney fees and costs from the offending school district.

13-32-25. Multi-occupancy changing rooms and restrooms—Reserved for employees—Applicable provisions.

Any multi-occupancy changing room or restroom that is located in a public school and normally reserved for use by employees of the district is governed by the provisions of §§ 20-13-58 to 20-13-63, inclusive.

SCHOOL HEALTH SERVICES

SDCL 13-33A

13-33A-9. Possession and administration of opioid antagonists by school personnel. The governing board of a school district and the governing board of a nonpublic school may acquire opioid antagonists in accordance with current state law and administrative rule, and make the medication available to personnel who are trained in accordance with § 13-33A-10.

13-33A-10. Training on administration of opioid antagonists. Before school personnel may administer an opioid antagonist in the event of a suspected opioid overdose, training must be provided by an individual qualified to do so. The training must include:

1. Symptoms of an opiate overdose;
2. Protocols and procedures for administering an opioid antagonist;
3. Symptoms of adverse responses to an opioid antagonist;
4. Protocols and procedures for stabilizing the patient if an adverse response occurs; and
5. Procedures for transporting, storing, and securing an opioid antagonist.

13-33A-11. Immunity from liability for injuries or damage associated with administration of opioid antagonists. No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any injury or related damage that results from the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes, ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an opioid antagonist does not constitute the practice of medicine. The immunity provided under this section is in addition to, and not in lieu of, any other immunity provided by law.

13-33A-12. Nasal glucagon—School district and nonpublic schools—Prescription—Distribution.

A licensed health care professional may prescribe nasal glucagon in the name of a school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16, inclusive.

A licensed health care professional may then dispense or distribute nasal glucagon to an employee of the school district or nonpublic school for use as provided in §§ 13-33A-12 to 13-33A-16, inclusive.
13-33A-13. Nasal glucagon—Use—Storage—Maintenance.  A school district or nonpublic school may acquire and maintain nasal glucagon pursuant to a prescription issued by a licensed health care provider for use on a student experiencing severe hypoglycemia.

Any nasal glucagon acquired in accordance with §§ 13-33A-12 to 13-33A-16, inclusive, must be:

1. Stored in a secure location, accessible by the school nurse or another employee of the school district or nonpublic school authorized in accordance with § 13-33A-15; and
2. Maintained in accordance with the manufacturer's instructions.

13-33A-14. Nasal glucagon—Administration—Requirements.  A school nurse, or another employee of the school district or nonpublic school authorized in accordance with § 13-33A-15, may administer nasal glucagon acquired in accordance with §§ 13-33A-12 to 13-33A-16, inclusive, to a student experiencing severe hypoglycemia if:

1. The student's parent or guardian has provided documentation to the school that the student attends, from the student's physician, that the student is diagnosed with diabetes;
2. The student's parent or guardian has consented to the administration of nasal glucagon by the school nurse or another employee of the school authorized in accordance with § 13-33A-15; and
3. The student's prescribed glucagon is not available onsite or has expired.

13-33A-15. Nasal glucagon—Authorized employees—Training—Documentation.  The board of a school district or the governing board of a nonpublic school may authorize an employee to administer nasal glucagon to a student if the employee completes training, provided by a licensed health care provider, that addresses:

1. Recognizing the symptoms of severe hypoglycemia;
2. The procedure for administering nasal glucagon;
3. Emergency care for an individual experiencing severe hypoglycemia, including care after administering nasal glucagon; and
4. The storage, maintenance, and disposal of nasal glucagon.

The school district or the nonpublic school must maintain documentation of each employee who completes the training and who is authorized to administer nasal glucagon in accordance with §§ 13-33A-12 to 13-33A-16, inclusive.

13-33A-16. Nasal glucagon—Immunity from liability.  The following persons may not be held liable for any death, injury, or damage that results from the administration of, or the failure to administer, nasal glucagon if the action or inaction constitutes ordinary negligence:

1. A school district or nonpublic school, and any of its employees, agents, or other personnel;
2. A licensed health care provider who prescribes nasal glucagon in the name of a school district or nonpublic school;
3. A licensed health care provider who dispenses or distributes nasal glucagon to an employee of a school district or nonpublic school; and
4. A licensed health care provider who provides training on nasal glucagon to an employee of a school district or nonpublic school.

POST SECONDARY TECHNICAL SCHOOLS NEGOTIATIONS

SDCL 13-39A

13-39A-39. Continuing contract and collective bargaining provisions not applicable—Notice of nonrenewal. The continuing contract provisions set forth in chapter 13-43 and the collective bargaining provisions set forth in chapters 3-18 and 60-9A do not apply to any person performing work for a technical college. However, the governing board shall give at least sixty days written notice of the intent to nonrenew a year-to-year contract with a contracted employee in a technical college.

TEACHER CERTIFICATION

SDCL 13-42 

13-42-1.  Definitions.  Terms used in this chapter and §§ 13-43-16 to 13-43-49, inclusive, mean:

1. “Administrator,” a superintendent, principal, or other person whose assigned duties require the person to be issued a certificate as an administrator;
2. “Applicant,” an individual who has applied for a certificate, either through an initial application or a renewal application;
3. “Certificate,” a certificate and endorsements required by the South Dakota Board of Education Standards pursuant to § 13-42-3 for a teacher, administrator, or other educational professional which authorize the certificate holder to work in assigned grades and fields;
4. “Department,” the South Dakota Department of Education;
5. “Other educational professional,” an instructor, school service specialist, or other person whose duties require the person to be issued a certificate;
6. “Secretary,” the secretary of the department;
7. “Teacher,” a person whose assigned duties require the person to be issued a certificate as a teacher.

13-42-1.2. Certificate required to teachers, administers, and other educational professionals in schools. No person may draw wages as a teacher, administrator, or other educational professional in any public school or other accredited school who does not have a valid certificate.

13-42-3. Certification of educational professionals—Promulgation of Rules. The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to establish the requirements and criteria that an applicant shall meet in order to be issued a certificate by the secretary as a teacher, administrator, or other educational professional authorizing the holder of the certificate to accept a position in any elementary or secondary school in the grades and fields specified by the certificate. The rules shall specify the duration and the method of renewal, the amount of the fee for issuing the certificate, the application procedures and documentation requirements for certificates, the endorsements to certificates, the requirements for certification, the procedures for denial or nonrenewal of a certificate and disciplinary proceedings and assessment of costs, the procedures for requesting an inactive status and reinstatement, the procedures and costs for reinstatement of an invalid certificate, the definition of inactive certificate status, the procedures for processing applications and issuing certificates for military spouses, the procedures for granting reciprocity for any teacher who is certified to teach in another state and has completed an accredited teacher education program, and other procedures necessary for the administration of certification.

In addition to teacher certificate renewal based on academic coursework, the rules for teacher certificate renewal shall include guidelines and criteria by which an applicant may receive credit toward renewal based on private or public sector experience that was not obtained through academic coursework if the experience is related to the applicant’s teaching field. Any change to a rule promulgated pursuant to this section that increases the educational requirements an applicant shall meet to qualify for a certificate shall be preceded by at least two years’ notice before the effective date of the change. The two-year notice requirement does not apply to an increase in the application fee, which must comply with §§ 1-26-4.8 and 1-26-6.9.

13-42-3.2. Educator permit--Emergency CTE instructor--Promulgation of rules.  The secretary may issue a one-year career and technical education (CTE) instructor educator permit to an applicant who submits documentation showing that the applicant holds a minimum of a high school diploma or its equivalent and:

1. An associate of applied science degree or higher; or
2. At least two thousand hours of work experience in a related CTE field; or
3. A national or state certification in a related CTE field.

An individual who holds an active one-year CTE instructor educator permit is considered certified pursuant to this chapter.

The applicant must submit documentation from a public or department-accredited school showing that the school is unable to hire a certified educator to fill the vacancy and listing the position to be held by the applicant and the name of the certified teacher who will act as a mentor to the applicant. The applicant must submit the required documentation on forms approved by the secretary.

The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, establishing the process by which an applicant may apply for the one-year CTE instructor educator permit, the CTE career pathway endorsements that the applicant for the one-year CTE instructor educator permit is eligible to add to the permit, and what continuing education an individual must complete to renew the one-year CTE instructor educator permit. The educator permit may not be renewed for more than one year at a time.

13-42-4. Issuance of certificates by secretary. The authority to issue a certificate is vested in the secretary, and the certificate shall be issued, renewed, or validated to a person who has met the rules and requirements for the certificate as determined by the South Dakota Board of Education Standards. 

13-42-4.2. Investigations by secretary.  The secretary may, upon receipt of information suggesting the failure of an applicant or certificate holder to comply with requirements necessary for certification, initiate and conduct an investigation. The secretary may also initiate and conduct an investigation in regard to a person subject to § 13-43-59. In conducting the investigation, the secretary shall have the powers referenced in § 1-26-19.1.

13-42-5.1. Use of institute funds — Vouchers and warrants. The state institute fund formerly provided for by § 13-42-5 shall be used for the purpose of writing and publishing bulletins, accreditation rules, and materials essential to the school systems of this state, and to support activities related to school accreditation and teacher training and retention, and as otherwise may be provided by law; and the state institute fund is hereby appropriated for such purposes and shall be paid out upon warrants drawn by the state auditor on duly itemized vouchers approved by the secretary of the Department of Education.

13-42-6. Oath or affirmation of allegiance required— Aliens excepted. No certificate may be issued unless the applicant is a United States citizen and takes an oath or affirmation to support the Constitutions of the United States and of the State of South Dakota or unless the applicant is a legal alien. The department shall keep a copy of the oath on file. A legal alien employed by a school district is not required to file an oath or affirmation of allegiance. The secretary may administer the oath or affirmation required under this chapter. 

13-42-9. Grounds for refusal to issue or renew certificate or for revocation or suspension. The secretary may refuse to issue or renew, revoke, or suspend any certificate for:

1. Incompetency;
2. A determination by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission that a violation of the code of ethics established pursuant to § 13-43-25 or 13-43-45 exists;
3. Flagrant neglect of duty;
4. Failure to fulfill any requirement for certification imposed pursuant to this chapter or chapter 13-43 and rules promulgated thereto;
5. Moral turpitude, as defined in § 22-1-2; or
6. Any other cause specifically allowed by law.

13-42-10. Suspension or refusal to issue or renew certificates for breach of contract. The secretary may suspend or refuse to issue or renew any certificate for a period not to exceed one year for breaking contract with a school. However, the secretary may not suspend the certificate if the school board or governing body collects liquidated damages pursuant to the terms of the contract. In order to initiate proceedings pursuant to this section, the school board or governing body employing the certificate holder shall file a complaint pursuant to § 13-42-12.

 13-42-11. Mandatory revocation of certificate for disloyal conduct or refusal to take oath of allegiance. Any teacher who shall have publicly reviled, ridiculed, or otherwise spoken or acted with disrespect and contumacy toward the flag of the United States or its official uniforms or insignia, or toward the system of government of the United State and its Constitution, or shall refuse to take and subscribe the oath of allegiance required in §13-42-6 shall upon satisfactory proof of the commission of such offense have his certificate revoked by the secretary of the Department of Education.

13-42-12. Procedures for revocation or suspension of certificate. Except as provided in § 13-42-10, any person may initiate proceedings for the revocation or suspension of a certificate. A written complaint shall be filed with the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission. The complaint shall specify generally the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served upon the certificate holder in person or by registered or certified mail addressed to the person’s last known address. The certificate holder shall, within thirty days after the service of the complaint, file with the commission a written answer to the charges specified. The hearing shall be conducted consistent with the requirements of chapter 1-26. Each commission may promulgate rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints.

13-42-14. Private or public hearing — Appearance and production of evidence — Witnesses — Record of proceedings. The hearing referenced in § 13-42-12 may be either private or public, as the certificate holder may elect, and the certificate holder may appear in person or by counsel and produce evidence at the hearing. Each witness shall be sworn before testifying and the official conducting the hearing may administer the oath prescribed by law for witnesses in judicial proceedings. A record, in writing, shall be made of the proceedings and of all evidence produced at the hearing and shall be filed with the department upon conclusion of the hearing. The hearing shall be held in Pierre unless good cause is shown to justify moving the hearing to another location for the convenience of the parties and witnesses.

13-42-15. Secretary’s decision on revocation or suspension of certificate — Effective date and duration — Service of order and findings. The secretary shall make a decision within thirty days from receipt of a complaint pursuant to § 13-43-28.1 or 13-43-49. In case of suspension or revocation, the secretary shall fix the date at which the suspension or revocation becomes effective and, in case of suspension, the duration of the suspension. The order and findings of fact and conclusions of law of the secretary shall be served upon the certificate holder, and, if applicable, upon the school which last employed the certificate holder, the commission, and the complainant before the commission.

13-42-16. Appeal to circuit court from revocation or suspension of certificate. A certificate holder whose certificate has been revoked or suspended pursuant to this chapter has a right of appeal from the decision of the secretary to the circuit court pursuant to chapter 1-26.

13-42-17. Confidentiality of investigative information--Disclosure. Each complaint and answer referenced in § 13-42-12 and all other investigative information regarding potential discipline of an applicant or certificate holder in the possession of the department, the Professional Teachers Practices and Standards Commission, and the Professional Administrators Practices and Standards Commission is confidential. This information may be discovered and disclosed as part of a disciplinary proceeding initiated pursuant to chapter 13-42 or 13-43. In addition, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, this information may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.

13-42-17.1. Public and confidential records—Disclosure. The final decision of the secretary regarding a certificate, along with the findings of fact and conclusions of law, is a public record. If the certificate holder requests a private hearing pursuant to § 13-42-14, the written record and evidence from the hearing, including the findings of fact and conclusions of law, are confidential unless adopted by the secretary as part of the final decision. However, if disciplinary action is imposed by the secretary or a commission pursuant to chapter 13-42 or 13-43, the written record and evidence from the hearing may be disclosed to authorities within this state, another state, the District of Columbia, or a territory or country in which the applicant or certificate holder holds a certificate or has applied for a certificate.

13-42-17.2. Costs of contested case proceeding. After conducting a contested case proceeding that results in the denial, nonrenewal, revocation, or suspension of a certificate, the department or commission may assess all or part of its actual costs for the proceeding against the certificate holder or applicant.

13-42-26. Certification by National Board for Professional Teaching Standards—Reimbursement and stipend- Promulgation of rules- No new participants after July 1, 2025 The Department of Education shall establish a program to reimburse public school teachers for the application and processing fee for the National Board for Professional Teaching Standards certification process. The program may not accept any new people into the program after July 1, 2025. The reimbursement shall include any federal funds that may be available through a candidate subsidy program. The reimbursement shall be paid upon receipt of documentation that the teacher successfully completed all certification requirements and was awarded the credential.

In addition to the reimbursement provided pursuant to this section, a teacher who teaches in a public school and who has obtained certification by the National Board for Professional Teaching Standards shall receive a payment of two thousand dollars per year for five years. The stipend shall be paid as follows:

1. One thousand dollars from the Department of Education;
2. One thousand dollars from the school district where the teacher is employed.

Once the first five years is complete, the school district that employs the teacher may opt to continue payments during the period of the next five years. If, during that period, the school district pays the teacher a stipend, the Department of Education shall also pay the teacher a stipend equal to the amount offered by the school district, up to a maximum of one thousand dollars. However, the department is not required to pay a teacher a stipend pursuant to this section during years six to ten unless the school district employing the teacher opts to pay a stipend.

The Board of Education Standards shall adopt rules, pursuant to chapter 1-26, to establish guidelines necessary to implement the program. 

13-42-27. Board to review certification process and establish revised standards. Pursuant to § 13-1-12.1, the Board of Education Standards shall examine programs that prepare and certify school personnel, identify deficiencies, and establish revised standards designed to deliver more qualified staff to classrooms. The board’s review shall identify ways to streamline the alternative certification process whereby persons holding a bachelor’s degree or higher can be certified to teach in elementary and secondary schools.

13-42-29.  Administrator not meeting certification standards to submit professional development plan.  Each school administrator whose preparation does not meet certification standards established by the South Dakota Board of Education Standards shall submit to the Department of Education a professional development plan to meet the alternative certification requirements established by the South Dakota Board of Education Standards.

13-42-32. Suspension or revocation of certificate for compromising integrity of academic achievement test. The secretary of the Department of Education may suspend or revoke the certificate of any certified personnel who knowingly compromise the integrity of a state-required academic achievement test provided to students pursuant to chapter 13-3.

13-42-33. Promulgation of rules on performance standards. The Board of Education Standards shall, no later than July 1, 2011, promulgate rules pursuant to chapter 1-26 to establish minimum professional performance standards for certified teachers in South Dakota public schools, and to establish best practices for the evaluation of the performance of certified teachers that may be used by individual school districts.

13-42-34. Teacher evaluations. Any public school district seeking state accreditation shall evaluate the performance of each certified teacher in years one through three not less than annually, and each certified teacher in the fourth contract year or beyond, no less than every other year.

Each school district shall adopt procedures for evaluating the performance of certified teachers employed by the school district that:

1. Are based on the minimum professional performance standards established by the Board of Education Standards pursuant to § 13-42-33;
2. Require multiple measures;
3. Serve as the basis for programs to increase professional growth and development of certified teachers; and
4. Include a plan of assistance for any certified teacher, who is in the fourth or subsequent year of teaching, and whose performance does not meet the school district’s performance standards.

13-42-35. Work group to develop model evaluation instrument. A work group appointed by the secretary of education shall provide input in developing the standards and shall develop a model evaluation instrument that may be used by school districts. The work group shall consist of the following:

1. Six teachers: two from an elementary school, two from a middle school, and two from a high school;
2. Three principals: one from an elementary school, one from a middle school, and one from a high school;
3. Two superintendents;
4. Two school board members;
5. Four parents who have students in various levels of the K-12 system;
6. One representative of the South Dakota Education Association;
7. One representative of the School Administrators of South Dakota; and
8. One representative of the Associated School Boards of South Dakota.

13-42-36.  Right to not renew contract preserved.  Nothing in §§ 13-42-33 to 13-42-35, inclusive, may diminish a school district’s right to not renew a teacher’s contract pursuant to § 13-43-6.3.      

13-42-67.  Expedited issuance of teaching certificate for military personnel and spouses—Requirements.  Unless there is cause to refuse to issue the certificate pursuant to §§ 13-42-9 and 13-42-10, the secretary shall, within thirty days of receiving a completed application, issue a teaching certificate to an applicant whose application has been deemed completed by the Department of Education and:

1. Who holds in good standing a valid certificate issued by another state or the District of Columbia;
2. Who is an active duty member of the armed forces of the United States or the spouse of an active duty member of the armed forces of the United States; and
3. Who is the subject of a military transfer to South Dakota.

An application is considered complete once the department has received all required documentation necessary to process the application. No applicant for a certificate issued pursuant to this section is required to pay an application fee or any other fee payable to the department.

If the secretary denies the issuance of a certificate to an applicant pursuant to this section, the secretary shall report the denial and the reasons for the denial to the Department of Labor and Regulation.

13-42-68.   Temporary certificate for spouses of military personnel.  If the secretary is unable to complete the review of the documentation required by the applicant or make a final determination regarding substantial equivalency within thirty days of the receipt of a completed application, the secretary shall issue a temporary certificate, if the applicant otherwise meets the qualifications set forth in § 13-42-67.

13-42-69.   Duration of expedited certificate.  Any certificate issued pursuant to § 13-42-67 shall be limited for a period not to exceed the applicant’s length of tour during the time the holder of the certificate continues to meet the eligibility requirements of § 13-42-67. Nothing in this section prohibits the secretary from suspending or revoking the certificate for failure to fulfill the requirements of § 13-42-67.

13-42-70.  Evaluation records and documents not open to inspection or copying.  Any record or document, regardless of physical form, created by a public school, public school district, or any other school in connection with the evaluation of an individual teacher, principal, or other school employee constitutes personnel information and is not open to inspection or copying pursuant to subdivision 1-27-1.5(7).

13-42-71. Suicide awareness and prevention training--Board approval--Requirements.

Prior to beginning employment at a school district or department-accredited school and every five years thereafter, an individual certified pursuant to this chapter and employed by a school district or department-accredited school must complete an approved youth suicide awareness and prevention training that is at least one hour in duration and shall submit a certificate showing completion of the approved training to the school district or department-accredited school where the individual is employed. The school district or department-accredited school shall retain the certificates submitted as a part of the documentation necessary to earn or maintain state accreditation.

The South Dakota Board of Education Standards shall consult with suicide prevention or counseling experts to identify evidence-based resources that will fulfill the youth suicide awareness and prevention training required by this section and shall make the list of the approved trainings available to school districts and department-accredited schools. An individual may complete a required training through a self-review of youth suicide prevention materials that are approved by the board, provided that the training issues a certificate of completion that contains:

1. The name of the training completed;
2. The name of the individual who completed the training;
3. The length of the training completed; and
4. The date on which the training was completed.

13-42-72.  Immunity from liability regarding suicide awareness and prevention training.  There is no cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of § 13-42-71 or resulting from any training, or lack of training, required by § 13-42-71 unless the loss or damage was caused by willful or wanton misconduct. The training, or lack of training, required by the provisions of § 13-42-71 may not be construed to impose any specific duty of care.

MEDICAL CANNABIS – LICENSURE DISCIPLINE

SDCL 34-20G-6

34-20G-6.  Licensed professional not subject to discipline for certain conduct.  No person licensed by the state or any other governmental entity to engage in any profession, occupation, or other activity is subject to disciplinary action, denial of the rights and privileges of such license, or otherwise penalized by the licensing authority for lawfully engaging in any activity authorized under this chapter or providing any service to a person engaged in activity that is authorized by this chapter merely because that activity is prohibited by federal law.

EMPLOYMENT OF TEACHERS

SDCL 13-43

13-43-1. Employment of school board member in same district prohibited. No person employed to teach or to draw public money as a teacher may serve as a board member in the same school district. 

13-43-4. Written contract required — Execution. A teacher shall be employed only upon written contract signed by the teacher and by the president of the school board and business manager of the school district. 

13-43-5. Certificate required before contract signed — Exception when academic training being completed. A teacher may sign a contract only upon exhibition of a valid certificate to teach the courses and grades in the school contemplated under the contract and to qualify the school for accreditation. A person is eligible to sign a contract if the person is completing academic training which would qualify the person for issuance or renewal of a teaching certificate. However, if a certificate is not issued prior to the time for performance of the contract, the contract is thereafter void. Prior to making payment under the contract, the validity of the certificate shall be verified through the Department of Education’s public online certification database.

13-43-5.1. Employment of person with revoked or suspended certificate prohibited. No public school board or other accredited school may employ a person whose certificate as defined in               § 13-42-1 is revoked or during the term of a suspension. A revocation or suspension for purposes of this section includes a refusal to issue or renew a certificate.

13-43-6. Contents of contract of employment — Distribution of copies — Duration. The contract shall specify the date at or about which the school shall begin, the term of employment, the wages per month, and the time of payment thereof; such contract shall be signed in duplicate and one copy filed in the office of the business manager and the other retained by the teacher. Such contract may be issued covering any period of years, not to exceed three, over which a teacher holds a certificate which will remain valid without renewal.

13-43-6.1. Just cause for termination or nonrenewal of teacher. A teacher may be terminated, by the school board, at any time for just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district. A school district may nonrenew a teacher who is in or beyond the fourth consecutive term of employment as a teacher with the school district pursuant to § 13-43-6.3 for just cause, including breach of contract, poor performance, incompetency, gross immorality, unprofessional conduct, insubordination, neglect of duty, or the violation of any policy or regulation of the school district.

13-43-6.2. Written notice of intention to recommend nonrenewal—opportunity for hearing-Time Limitations. If nonrenewal of a teacher is contemplated under § 13-43-6.1, the superintendent or chief executive officer shall give written notice of an intention to recommend nonrenewal to the teacher and the school board; a written statement of the reasons for the recommendation; access to the employment records of the teacher; the opportunity to the teacher for a hearing before the school board to present reasons in person or in writing why the nonrenewal should not occur; and the opportunity to be represented. The teacher shall request the hearing as provided in § 13-43-6.9. The school board shall conduct the hearing not sooner than fourteen days, nor later than forty-five days, after receipt of the teacher’s request for hearing. The parties may waive the time limitations provided for in this section.

13-43-6.3. Nonrenewal of teacher’s contract. 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.

After a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district, §§ 13-43-6.1 and 13-43-6.2 apply to any nonrenewal of the teacher’s contract. 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.

Acceptance by the teacher of an offer from the district to enter into a new contract with the teacher shall be in the manner specified in the offer. Failure of the teacher to accept the offer in the manner specified constitutes the termination of the existing contract between the teacher and the district at the end of its term.

13-43-6.4. Nonrenewal due to staff reduction. Notwithstanding §§ 13-43-6.1 to 13-43-6.3, inclusive, if a teacher’s contract is not renewed due to a reduction in staff, only written notice is required, which shall be provided by the school board to the teacher by April fifteenth.

13-43-6.5. Termination not caused by amount of compensation. A teacher’s employment may not be terminated because of the amount of the teacher’s compensation.

13-43-6.6. Right to termination on statutory grounds not limited by collective bargaining agreement — Protection of teacher not limited. Although a collective bargaining agreement between a district and its teachers may set forth specific additional grounds for termination or set forth provisions as to the procedure or notice, no agreement may limit the district's right to terminate a teacher for the grounds set forth in §§  13-43-6.1 to 13-43-6.3, inclusive. No agreement may limit the protection afforded to a teacher under § 13-43-6.5.

13-43-6.7 Written notice of recommendation for termination-Content-Hearing-Action If termination of a teacher is contemplated under § 13-43-6.1, written notice of a recommendation for termination shall be presented to the teacher and the school board by the superintendent or chief executive officer. The recommendation shall state the reason or reasons upon which the recommendation is based, and the effective date of the recommendation is based, and the effective date of the recommended termination.

 In addition, the notice shall identify the following rights:

1. Access to the teacher’s employment records;
2. Upon request, a hearing before the school board to present reasons in person or in                                     writing why the termination should not occur; and
3. The right to be represented at the hearing at the teacher’s cost.

The school board shall conduct the hearing no sooner than fourteen days, and no later than forty-five days after the receipt of the written request for hearing shall be deemed waived by the teacher; and the school board shall thereafter act on the recommendation without further notice or hearing. The parties may waive these time limitations. If no hearing is requested by the teacher within the time and manner provided in § 13-43-6.9, the right to a hearing shall be deemed waived by the teacher; and the school board shall thereafter act on the recommendation without further notice or hearing.

13-43-6.8 Evidence of delivery of notification of intention to recommend nonrenewal or termination Delivery of any notification to the teacher pursuant to § 13-43-6.2 or 13-43-6.7 shall be established by certified mail with return receipt signed by the teacher, personal delivery evidenced by a receipt signed by the teacher, or affidavit of personal service made by a person authorized to effect personal service.

13-43-6.9 Evidence of delivery of written request for a hearing Delivery of a written request for a hearing provided by § 13-43-6.2 or 13-43-6.7 shall be established by certified mail with return receipt signed by the superintendent, chief executive officer, or board member, or a person authorized to accept certified mail for the district, or personal delivery evidenced by a receipt signed by the superintendent, chief executive officer, or board member, or an affidavit of personal service upon the district made by a person authorized to effect personal service no later than fifteen days after receipt of the notice by the teacher. 

13-43-15.1. Right of employee to run for office. No employee of a public school shall lose his job or status on the job for becoming a candidate for any public office if it does not entail neglect of duty. 

13-43-16. Declaration of teaching as profession — Persons included. The Legislature of the State of South Dakota declares teaching to be a profession. It is declared to be in the interest of the state that the profession be recognized and that the profession accept its responsibilities in the development and promotion of standards of ethics, conduct, performance, preparation, and practices. For the purpose of §§  13-43-16 to 13-43-28.1, inclusive, the teaching profession includes each person certificated by the secretary as a teacher, administrator, and other educational professional, as defined by § 13-42-1, employed by a public school or other accredited school.

13-43-17. Professional Teachers Practices and Standards Commission created — Number and qualifications of members. There is hereby created the South Dakota Professional Teachers Practices and Standards Commission, which shall consist of seven members:

1. Six representative members who are employed as full-time teachers, at least four of whom shall be classroom teachers. None of the six representatives may be school administrators; and
2. One representative from the general public who is neither teacher nor school board member and who is a parent of a pupil attending an approved twelve-year program of education.

13-43-17.1. Operation within department — Functions — Submission of records and reports. The Professional Teachers Practices and Standards Commission shall operate within the Department of Education, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in the form and at such times as required by the secretary of education, except that the commission shall report at least annually. 

13-43-18. Appointment of members of Professional Teachers Practices and Standards Commission — Terms. The members of the Professional Teachers Practices and Standards Commission shall be appointed by the Governor in a manner to be designated by the Governor. The terms of no more than three members may expire in any one year. The terms of all members are three years and shall terminate on December thirty-one or when a successor is appointed and qualified. No member of the commission may serve more than two consecutive terms, and subsequent appointments to the commission shall be made in a manner to be designated by the Governor.

13-43-19. Vacancies on Professional Teachers Practices and Standards Commission — Removal of members. Vacancies on the Professional Teachers Practices and Standards Commission shall be filled by the Governor for the balance of any unexpired term. Members may be removed by the Governor for cause.

13-43-20. Election of officers of Professional Teachers Practices and Standards Commission — Adoption of rules. The Professional Teachers Practices and Standards Commission shall elect from its membership a chairperson, a vice-chairperson, and other such officers as the commission determines and shall adopt rules to govern its proceedings.

13-43-20.1. Appointment of executive secretary to commission — Employees. The Professional Teachers Practices and Standards Commission may appoint an executive secretary and employ persons to provide such service as the commission may require.

13-43-21. Meetings of Professional Teachers Practices and Standards Commission. The Professional Teachers Practices and Standards Commission shall meet on call of the chairperson who, however, shall call a meeting upon request of four of the members.

13-43-23. Expenses of Professional Teachers Practices and Standards Commission or Professional Administrators Practices and Standards Commission. Any expense incurred by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission in administering the provisions of §§ 13-43-16 to 13-43-49, inclusive, shall be paid from the state institute fund. However, the annual expenses are limited to an amount not to exceed two-thirds of the annual amount collected for certification fees. Nothing in this section is intended to limit the ability to assess costs pursuant to § 13-42-17.2.

13-43-25. Rules of Professional Teachers Practices and Standards Commission — Code of ethics — Recommendations to boards. The Professional Teachers Practices and Standards Commission shall promulgate rules pursuant to chapter 1-26, to carry out the provisions of §§ 13-43-16 to           13-43-28.1, inclusive.

The commission shall adopt a code of professional ethics for the teaching profession in this state.

The commission may make any recommendation to the South Dakota Board of Education Standards or to school boards which will promote an improvement in the teaching profession.

13-43-28. Reprimand or disciplinary action for teacher misconduct— Procedure. After notice and hearing as a contested case under the provisions of chapter 1-26, if the Professional Teachers Practices and Standards Commission determines that a certificate holder has engaged in conduct referenced in § 13-42-9 or 13-42-10, the commission may issue a public or private reprimand or impose other appropriate disciplinary action which is in the best interests of the commission, the certificate holder, and the public. The commission does not have the authority to deny, not renew, suspend, or revoke a certificate.

The commission has the powers conferred by §§ 1-26-19.1 and 1-26-19.2 and the certificate holder and the certificate holder’s attorney also have available the provisions of those sections. The commission may promulgate rules, pursuant to chapter 1-26, to further define other appropriate disciplinary action referenced in this section. Any member reprimanded or disciplined by the commission pursuant to this section may appeal to circuit court as provided by chapter 1-26.

13-43-28.1. Complaint requesting revocation or suspension of certificate — Procedure — Decision — Appeal. If the Professional Teachers Practices and Standards Commission determines that proceedings to revoke or suspend the certificate should be instituted, the commission shall file a written complaint, findings of fact and conclusions of law, and the hearing record with the secretary and serve a copy of the complaint and findings and conclusions upon the parties before the commission. The commission’s complaint shall specify the nature and character of the charges. The commission may impose discipline pursuant to § 13-43-28 and file a complaint pursuant to this section.

The secretary may base the revocation or suspension decision solely upon review of the commission’s hearing record or may require additional evidence by affidavit, document, or testimony upon the secretary’s own motion or upon the request of any party before the commission. The commission’s determination to institute proceedings seeking revocation or suspension of a certificate pursuant to this section is not a final agency action and may not be appealed to court. The final decision of the secretary may be appealed to circuit court as provided in § 13-42-16.

13-43-38. Professional administrators practices and standards commission - Creation - Number and qualifications of members. There is hereby created the South Dakota Professional Administrators Practices and Standards Commission, which shall consist of seven members, as follows:

1. Five representative members who are employed as full-time administrators: two who are principals, two who are chief administrators of school districts offering an accredited twelve-year program of education, and one who is employed in an administrative capacity other than previously listed;
2. One representative who is a school board member; and
3. One representative from the general public who is neither an administrator nor a school board member and who is a parent of a pupil attending an approved twelve-year program of education.

13-43-39. Operation within department — Functions — Submission of records and reports. The Professional Administrators Practices and Standards Commission shall operate within the Department of Education and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information and reports in such form and at such times as required by the South Dakota Board of Education Standards, except that the commission shall report at least annually.

13-43-40. Appointment of commission members — Terms. The members of the Professional Administrators Practices and Standards Commission shall be appointed by the Governor in a manner to be designated by the Governor. The terms of no more than five members may expire in any one year. The terms of all members shall be three years and shall terminate on December thirty-first or when a successor is appointed and qualified. No member of the commission may succeed himself more than once and subsequent appointments to the commission shall be made in a manner to be designated by the Governor.

13-43-41. Vacancies — Removal of members. Vacancies on the Professional Administrators Practices and Standards Commission shall be filled by the Governor for the balance of any unexpired term. Members may be removed by the Governor for cause.

13-43-42. Election of officers — Adoption of rules. The Professional Administrators Practices and Standards Commission shall elect from its membership a chairperson, a vice-chairperson and other such officers as the commission shall determine and shall adopt rules to govern its proceedings. 

13-43-43. Appointment of executive secretary — Employees. The Professional Administrators Practices and Standards Commission may appoint an executive secretary and employ persons to provide such service as the commission may require.

13-43-44. Meetings. The professional administrators practices and standards commission shall meet on call of the chairperson. However, he shall call a meeting upon request of four members.

13-43-45. Adoption of rules and code of professional ethics — Recommendations to boards. The Professional Administrators Practices and Standards Commission may adopt rules in accordance with the provisions of chapter 1-26, to carry out the provisions of §§ 13-43-38 to 13-43-49, inclusive.

The commission shall adopt a code of professional ethics for the administrator’s profession in this state.

The commission may make any recommendation to the South Dakota Board of Education Standards or to school boards which will promote an improvement in the administrator’s profession.

13-43-48. Reprimand or disciplinary action for administrator misconduct — Procedure. After notice and hearing as a contested case under the provisions of chapter 1-26, if the Professional Administrators Practices and Standards Commission determines that an administrator has engaged in conduct referenced in § 13-42-9 or 13-42-10, the commission may issue a public or private reprimand or impose other appropriate disciplinary action which is in the best interests of the commission, the certificate holder, and the public. The commission does not have the authority to deny, not renew, or revoke a certificate.

The commission has the powers conferred by §§ 1-26-19.1 and 1-26-19.2, and the certificate holder and the certificate holder’s attorney also have available the provisions of those sections. The commission may promulgate rules, pursuant to chapter 1-26, to further define other appropriate disciplinary action referenced in this section. Any member reprimanded or disciplined by the commission pursuant to this section may appeal to circuit court as provided by chapter 1-26.

13-43-49. Complaint requesting revocation or suspension of certificate of administrator — Procedure—Decision--Appeal. If the Professional Administrators Practices and Standards Commission determines that proceedings to revoke or suspend the certificate of an administrator should be instituted, the commission shall file a written complaint, findings of fact and conclusions of law, and the hearing record with the secretary and serve a copy of the complaint and findings and conclusions upon the parties before the commission. The commission’s complaint shall specify the nature and character of the charges. The commission may impose discipline pursuant to § 13-43-48 and file a complaint pursuant to this section.

The secretary may base his revocation or suspension decision solely upon review of the commission’s hearing record or may require additional evidence by affidavit, document or testimony upon the secretary’s own motion or upon the request of any party before the commission. The commission’s determination to institute proceedings seeking revocation or suspension of a certificate pursuant to this section is not a final agency action and may not be appealed to court. The final decision of the secretary may be appealed to circuit court as provided in § 13-42-16.

13-43-55.1. Mentor teacher program created-Promulgation of rules-Participation in program 

There is hereby created a program to provide for the mentoring of teachers new to the profession in South Dakota school districts. The program shall provide a new teacher access to a mentor teacher for a period of two years and participation in a summer workshop program following the first year of employment. The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to establish duties and qualifications for teachers to be designated as mentor teachers. Participation in the program is discretionary with each school district according to a mentor teacher plan adopted by the school board for the school district. 

13-43-59. Uncertified administrators subject to code of ethics—Discipline for violation. Any person employed in an administrative capacity, but who do not hold a valid South Dakota certificate pursuant to chapter 13-42, is subject to the code of professional ethics as established under § 13-43-45. The procedures referenced in §§ 13-42-12 and 13-42-14 apply to complaints and hearings regarding an alleged violation of the code of professional ethics by the person. If the Professional Administrators Practices and Standards Commission determines that the person has violated the code of professional ethics, then the commission may impose discipline referenced in § 13-43-48.

13-43-60.  Certification of health of employee.  If, at any time, there is reasonable cause to believe that an employee is suffering from a mental or physical condition that could be detrimental to the health or safety of the employee, any student, or any other employee, the superintendent may require a certification of health. The expense of obtaining such certifications of health shall be borne by the school.

13-43-61. Signing bonus- Authorization. A school district may offer and, upon the signing of a contract by both parties, pay a signing bonus, moving expenses, or tuition reimbursement to a staff member employed in the school district.

13-43-62. Signing bonus- Payment. Any payment authorized in § 13-43-61 may be paid as follows:

1. In one lump sum, upon completion of the staff member’s first year of employment in the school district; or
2. In installments over a period not to exceed three years from the date the staff member signed a contract of employment with the school district, and upon the terms and conditions as may be mutually agreed upon by the school district and the staff member.

13-43-63. Negotiation with collective bargaining representative. Any payment authorized in § 13-43-61 is in addition to any amount payable under a negotiated contract.  A school district may negotiate a payment authorized in § 13-43-61 with the staff member’s designated collective bargaining representative.

APPEALS IN SCHOOL MATTERS

SDCL 13-46

13-46-1. Right to appeal to circuit court from decision by school board or special committee — Time of taking appeal. From a decision made by any school board, or by a special committee created under any provision of the school law relative to a school or school district matter or in respect to any act or proceeding in which such officer, board, or committee purports or assumes to act, an appeal may be taken to the circuit court by any person aggrieved, or by any party to the proceedings, or by any school district interested, within ninety days after the rendering of such decision. Provided, however, that all legal actions relative to bond issues must be started within ten days.

13-46-2. Parties to appeal. Any matter so appealed shall be entitled in the name of the aggrieved party as appellant, against the school board or special committee, as the case may be, as respondent.

13-46-3. Notice of appeal — Service and filing — Bond to pay costs. Such appeal shall be taken by serving a notice of appeal upon the school board or special committee or any member thereof, and by filing such notice of appeal in the office of the clerk of the circuit court in the county in which such appeal is taken, together with a bond in the sum of one hundred dollars with two or more sureties to be approved by the clerk of said court, conditioned that appellant will pay all costs therein that may be adjudged against him. Such notice must clearly and concisely state the decision or that part of the decision appealed from.

13-46-4. Certification of record to clerk of courts — Failure to transmit — Fees. Upon such appeal so taken, the business manager of the school district or the acting clerk of such special committee, shall, within thirty days thereafter, transmit to the clerk of courts a certified copy of the record of the decision appealed from and of the record of all proceedings had in respect to the matter and all original papers filed in the office and upon the failure of such person so to transmit the record, the circuit court may compel the person to do so and may fine the person for neglect or refusal to transmit the record. Such officer or clerk shall receive the usual copying fees to be taxed as part of the costs of suit. In the event a transcript of hearing or other proceeding is part of the record to be transmitted and is not available within the time limit established in this section, it shall be submitted to the court within five days of receipt from the reporter.

13-46-6. Trial de novo in circuit court — Judgment or order — Enforcement. The trial in the circuit court shall be de novo according to the rules relating to special proceedings of a civil nature so far as such rules are applicable and not in conflict with the provisions of this chapter and the court shall enter such final judgment or order as the circumstances and every right of the case may require and such judgment or order may be enforced by writ of execution, mandamus, or prohibition, or by attachment as for contempt.

13-46-7. Appeal to Supreme Court. An appeal from any such final judgment or order may be taken to the Supreme Court within sixty days after written notice thereof shall have been given to the party desiring to appeal, which appeal shall be perfected, heard, and determined as other appeals in civil cases.

ADMINISTRATION OF STATE INSTITUTIONS

SDCL 13-53

13-53-49. Expressive activity and intellectual diversity defined. As used in §§ 13-53-49 to 13-53-53, inclusive:

1. “Expressive activity,” protected under the provisions of §§ 13-53-49 to 13-53-53, inclusive, includes any lawful noncommercial verbal or written means by which one person communicates ideas to another, and includes peaceful assembly, protests, speeches, distribution of literature, the carrying of signs, and the circulation of petitions; and
2. “Intellectual diversity,” denotes a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives.

13-53-50. Commitment to free expression and discussion of intellectually diverse topics at institutions of higher education. The Board of Regents shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.

13-53-51. Use of outdoor areas as public forum—Reasonable restrictions—Expressive activity in other areas not limited. Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.

A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.

13-53-52. Discrimination based on content or viewpoint of expressive activity prohibited. A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.

An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the organization’s sincerely held beliefs, comply with the organization’s standards of conduct, or further the organization’s mission or purpose, as defined by the organization.

13-53-53. Annual report on intellectual diversity and free exchange of ideas. On or before December first of each year, the Board of Regents shall prepare and submit to the Governor and each member of the legislature a report that:

1. Sets forth all actions taken by each institution to promote and ensure intellectual diversity and the free exchange of ideas; and
2. Describes any events or occurrences that impeded intellectual diversity and the free exchange of ideas.

13-53-54. Programs to increase enrollment, retention, and support for students who are tribal members. The Board of Regents is hereby authorized to develop programs to increase enrollment and improve retention and student supports for any student who is a member of one of the nine federally recognized tribes in South Dakota at state institutions, including exploration of tuition assistance or waiver programs. 

The Board of Regents shall report to the Legislature by July first each year on the activities and progress made in regard to this section, beginning July1, 2020.

13-53-55. State resources prohibited—Obscene live conduct.  The Board of Regents and any institution under its control may not:

1. Authorize the use of any state-owned facility or property to develop, implement, facilitate, host, or promote any obscene live conduct; or
2. Expend any public moneys in support of obscene live conduct.
3. For purposes of this section, the term "obscene live conduct" has the meaning given in § 22-24-27.

22-24-55. Public schoo—Duty to limit minor’s access to obscene materials—Policy required—Publication—Appeal.

Each public school in the state shall:

1. Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or materials, as defined by § 22-24-27, or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials; and
2. Develop and implement, by January 1, 2025, a local policy that establishes measures to restrict minors from accessing obscene matter or materials. The policy must allow for an individual to appeal to the school board to determine whether any matter or material is obscene. Any determination made by the school board as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction. The school board shall:

(a)    Publish the policy on the school district's website; or

(b)    Publish the policy annually in the legal newspaper designated by the school board pursuant to § 13-8-10.

22-24-56. Public library—Duty to limit minor’s access to obscene materials—Policy required—Publication—Appeal.

Each public library in the state shall:

1. Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or material, as defined by § 22-24-27, or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene material; and
2. Develop and implement, by January 1, 2025, a local policy that establishes measures to restrict minors from accessing obscene matter or materials. The policy must allow for an individual to appeal to the governing body of the public library, as defined in § 14-2-27, to determine whether any matter or material is obscene. Any determination made by the governing body as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction. The public library shall:

(a)    Publish the policy on the official website of the political subdivision that maintains the library; or

(b)    Publish the policy annually in a legal newspaper designated by the governing body of the political subdivision that maintains the library pursuant to § 7-18-3 or 9-12-6.

SCHOOL SENTINELS

SDCL 13-64

13-64-1. School board may implement school sentinel program.  Any school board may create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such manner and according to such protocols as the board may believe to be most likely to secure or enhance the deterrence of physical threat and defense of the school, its students, its staff, and members of the public on the school premises against violent attack. Those so authorized shall be referred to as school sentinels.

13-64-2. Approval of law enforcement official required.  Before any school board may implement any school sentinel program pursuant to § 13-64-1, or effect any material changes in the personnel or protocols of the school sentinel program, the school board shall obtain the approval of the law enforcement official who has jurisdiction over the school premises. Any material changes in the school sentinel program’s personnel or protocols shall be reported to all law enforcement agencies with jurisdiction over the school premises forthwith.

13-64-3. School sentinel training course.  Any person who acts as a school sentinel, pursuant to 13-64-1, shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16).

13-64-4. School employee right to refuse to carry firearms.  No school board, in implementing the provisions of § 13-64-1, may arm any individual teacher or other school employee without the latter’s free, willing, and voluntary consent. No individual teacher or other school employee may be censured, criticized, or discriminated against for unwillingness or refusal to carry firearms pursuant to this chapter.

13-64-5. Permit to carry concealed weapon required.  No provision of § 13-32-7 or any other provisions of state statute is effective to restrict or limit the provisions of this chapter. However, nothing in this chapter authorizes any person to carry a concealed weapon without a valid permit.

13-64-6. Cause of action against school board.  The failure or refusal of any school board to implement a school sentinel program does not constitute a cause of action against the board, the school district, or any of its employees.

13-64-7. Referendum petition on school board decision.  A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the total number of registered voters at the last preceding general election. The board shall allow sufficient time for the referendum process authorized in this section.

13-64-8. Time for filing petition.  A petition to refer a school board decision pursuant to § 13-64-7 may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of the school district for its rejection or approval.

13-64-9. Contents of petition.  The petition shall contain the school board decision regarding the school sentinel program and the date of its passage.

13-64-10. Requirements for petition.  Voters signing a referendum petition under § 13-64-7 shall comply with the same requirements provided for counties under § 7-18A-11, and the petition shall be verified in the same manner as provided for counties in § 7-18A-12.

13-64-11. Election on referendum.  The election shall be held with the regular school district election.

13-64-12. Publication of referred decision.  The business manager of the school district shall have the entire referred decision published once a week for two successive weeks immediately preceding the election. The publication shall include a notice stating the date of election.

13-64-13. Ballots on referendum.  The business manager of the school district shall have ballots printed for the vote upon the referred school board decision and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the state’s attorney. All questions to be voted upon at the same election may be submitted upon the same ballot.

13-64-14. Majority vote required—Effective date of approved decision.  No referred school board decision regarding the school sentinel program becomes operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating to the school sentinel program.

13-64-15. Immunity from liability.  No law enforcement officer or county sheriff, nor the Law Enforcement Officers Standards Commission, Division of Criminal Investigation, Office of Attorney General, the State of South Dakota, nor any agents, employees, or members thereof, is liable for any injury caused by, related to, or resulting from:

1. The implementation of the school sentinel program established by this chapter;
2. The adoption, promulgation, administration, or implementation of educational and training standards for school sentinels;
3. The training provided by the Law Enforcement Officers Standards Commission, the Division of Criminal Investigation, the Office of Attorney General, or the state;
4. The approvals required by the county sheriff under this chapter; or
5. The performance, administration, or implementation of any services or programs that assist a school district in carrying out its duties under this chapter.

13-64-16. Sovereign immunity not waived.  Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees.

ATHLETIC TEAMS AND SPORTS

SDCL 13-67

13-67-1.  Athletic teams and sports – Designation by sex – Participation.  Any interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an activities association or organization, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education must be designated as on of the following, based on the biological sex at birth of the participating student:

1. Females, women, or girls;
2. Males, men, or boys; or
3. Coeducational or mixed.

Only female students, based on their biological sex, may participate in any team, sport, or athletic event designated as being for females, women, or girls.

For purposes of this section, biological sex is either female or males and the sex listed on the student’s official birth certificate may be relied upon if the certificate was issued at or near the time of the student’s birth.  The failure to comply with this section is a limited waiver of sovereign immunity for relief authorized under this chapter.

13-67-2.  Complaint – Investigation – Harm incurred by athlete.  If  a student suffers direct or indirect harm as a result of a violation of § 13-67-1, the student has a private cause of action for injunctive, mandamus, and declaratory relief, against the accredited school, school district, activities association or organization, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education that caused the harm.

If a student is subjected to retaliation or other adverse action by an accredited school, school district, activities association or organization, or institution of higher education as a result of reporting a violation of § 13-67-1 to an employee or representative of the school, school district, activities association or organization, or institution of higher education, or to a state or federal governmental entity having oversight authority, that student has a private cause of action for injunctive, mandamus and declaratory relief, against the school, school district, activities association or organization, or institution of higher education.  In addition, no governmental entity may investigate a complaint or take any adverse action against an accredited school, school district, activities association or organization, or institution of higher education, or any employee or governing board member of the foregoing for compliance with § 13-67-1.

13-67-3.  Harm incurred by institution.    If an accredited school, school district, or institution of higher education under the control of either the Board of Regents or the Board of Technical Education suffers any direct or indirect harm as a result of a violation of § 13-67-1, that school, school district, or institution of higher education has a private cause of action for injunctive, mandamus, and declaratory relief, against the governmental entity, licensing or accrediting organization, or activities association or organization.

13-67-4.  Limitation of actions – Attorney fees.  No governmental entity, accredited school, school district, or institution of higher education may be liable to any student for its compliance with § 13-67-1.

A civil action under § 13-67-2 or 13-67-3 must be initiated within two years from the date the alleged harm occurred. 

Any party prevailing on a claim brought under § 13-67-2 or 13-67-3 is entitled to reasonable attorney fees. and costs.

13-67-5.  Lawsuit – Public defense – Costs assumed by state.   For any lawsuit brought or any complaint filed against an accredited school, a school district, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education, or an employee, board, or a member thereof, as a result of compliance with § 13-67-1, the attorney general shall provide legal representation at no cost to that entity or individual.

In addition to the expenses of representation, the state shall assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by an accredited school, a school district, or an institution of higher education, or an employee, board, or a member, including any award for attorney’s fees and costs for which that entity or individual would be otherwise responsible.

STUDENT DISCIPLINE, USE OF FORCE

SDCL 22-18-5 & SDCL 13-32-2

22-18-5. Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward.   To use or attempt to use or offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher, or other school official, in the exercise of a lawful authority to restrain or correct the child, pupil, or ward and if restraint or correction has been rendered necessary by the misconduct of the child, pupil, or ward, or by the child’s refusal to obey the lawful command of such parent, or authorized agent, guardian, teacher, or other school official, and the force used is reasonable in manner and moderate in degree.

13-32-2. Physical force authorized when reasonable and necessary — Attendance at school functions away from premises — Authority of bus drivers. Superintendents, principals, supervisors, and teachers and their aids and assistants, have the authority, to use the physical force that is reasonable and necessary for supervisory control over students. Like authority over students is given any person delegated to supervise children who have been authorized to attend a school function away from their school premises and to school bus drivers while students are riding, boarding, or leaving the buses.

PROTECTION OF CHILDREN FROM ABUSE

SDCL 26-8A

26-8A-1. Purpose of chapter. It is the purpose of this chapter, in conjunction with chapter 26-7A, to establish an effective state and local system for protection of children from abuse or neglect. Adjudication of a child as an abused or neglected child is an adjudication of the status or condition of the child who is the subject of the proceedings and is not necessarily an adjudication against or in favor of any particular parent, guardian or custodian of the child.

26-8A-2. Abused or neglected child. In this chapter and chapter 26-7A, the term “abused or neglected child” means a child:

1. Whose parent, guardian, or custodian has abandoned the child or has subjected the child to mistreatment or abuse;
2. Who lacks proper parental care through the actions or omissions of the child’s parent, guardian or custodian;
3. Whose environment is injurious to the child’s welfare;
4. Whose parent, guardian or custodian fails or refuses to provide proper or necessary subsistence, supervision, education, medical care or any other care necessary for the child’s health, guidance or well-being;
5. Who is homeless, without proper care, or not domiciled with the child’s parent, guardian or custodian through no fault of the child’s parent, guardian or custodian;
6. Who is threatened with substantial harm;
7. Who has sustained emotional harm or mental injury as indicated by an injury to the child’s intellectual or psychological capacity evidenced by an observable and substantial impairment in the child’s ability to function within the child’s normal range of performance and behavior, with due regard to the child’s culture;
8. Who is subject to sexual abuse, sexual molestation or sexual exploitation as defined in § 22-22-24.3, by the child’s parent, guardian, custodian or any other person responsible for the child’s care.
9. Who was subject to prenatal exposure to abusive use of alcohol, marijuana, or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapter 22-42 and 34-20B; or
10. Whose parent, guardian or custodian knowingly exposes the child to an environment that is being used for the manufacture, use, or distribution of methamphetamines or any other unlawfully manufactured controlled drug or substance. 

26-8A-3. Persons required to report child abuse or neglected child — Intentional failure as misdemeanor. Any physician, dentist, doctor of osteopathy, chiropractor, optometrist, emergency medical technician, paramedic, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, employee or volunteer of a child advocacy organization or child welfare service provider, chemical dependency counselor, coroner, or any safety-sensitive position as defined in § 3-6C-1, who has reasonable cause to suspect that a child under the age of eighteen has been abused or neglected as defined in § 26-8A-2 shall report that information in accordance with §§ 26-8A-6, 26-8A-7 and 26-8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor. Any person who knows or has reason to suspect that a child has been abused or neglected as defined in § 26-8A-2 may report that information as provided in § 26-8A-8.

26-8A-4. Additional persons to report death resulting from abuse or neglect — Intentional failure as misdemeanor. In addition to the report required under § 26-8A-3, any person who has reasonable cause to suspect that a child has died as a result of child abuse or neglect as defined in § 26-8A-2 shall report that information to the medical examiner or coroner. Upon receipt of the report, the medical examiner or coroner shall cause an investigation to be made and submit written findings to the state’s attorney and the department of social services. Any person required to report under this section who knowingly and intentionally fails to make a report is guilty of a Class 1 misdemeanor.

26-8A-5. Application of terms. As used in §§ 26-8A-3 and 26-8A-7, the terms “teacher,” “school counselor,” “school official,” “school administrator,” “school principal,” and “school superintendent” apply to any person substantially performing the respective duties of any such position in the public or private school, whether accredited or unaccredited, and to any person providing instruction pursuant to § 13-27-3.

26-8A-6. Report of abuse or neglect by hospital personnel — Failure as misdemeanor — Written policy required. Any person who has contact with a child through the performance of services as a member of a staff of a hospital or similar institution shall immediately notify the person in charge of the institution or his designee of suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of §26-8A-8. Any person required by this section to report shall also promptly submit to the state’s attorney complete copies of all medical examination, treatment and hospital records regarding the child. Any person who knowingly and intentionally fails to make a required report and to submit copies of records is guilty of a Class 1 misdemeanor. Each hospital or similar institution shall have a written policy on reporting of child abuse and neglect and submission of copies of medical examination, treatment and hospital records to the state’s attorney.

26-8A-7. Child abuse or neglect reports by school personnel — Failure as misdemeanor — Written policy required. Any person who has contact with a child through the performance of services in any public or private school, whether accredited or unaccredited, as a teacher, school nurse, school counselor, school official or administrator, or any person providing services pursuant to § 13-27-3 shall notify the school principal or school superintendent or designee of suspected abuse or neglect. The school principal or superintendent shall report the information in accordance with the provisions of § 26-8A-8. Any person who knowingly and intentionally fails to make a required report is guilty of a Class 1 misdemeanor. Each school district shall have a written policy on reporting of child abuse and neglect.

26-8A-8. Oral report of abuse or neglect — To whom made — Response report. The reports required by §§ 26-8A-3, 26-8A-6 and 26-8A-7 and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state’s attorney of the county in which the child resides or is present, to the Department of Social Services or to law enforcement officers. The mandatory reporter who witnessed the disclosure or evidence of the abuse or neglect must be available to answer questions when the initial report is made pursuant to this section. The state’s attorney or law enforcement officers, upon receiving a report, shall immediately notify the Department of Social Services. Any person receiving a report of suspected child abuse or child neglect shall keep the report confidential as provided in § 26-8A-13, except as otherwise provided in chapter 26-7A or this chapter.

The person receiving a report alleging child abuse or neglect shall ask whether or not the reporting party desires a response report. If requested by the reporting person, the Department of Social Services or the concerned law enforcement officer shall issue within thirty days, a written acknowledgment of receipt of the report and response stating whether or not the report will be investigated.

26-8A-9. Investigation of oral report — Other action permitted — Appointment of attorney — Compensation. Upon receipt of a report pursuant to § 26-8A-8, the Department of Social Services or law enforcement officers shall investigate. Investigating personnel may personally interview a child out of the presence of the child’s parents, guardian or custodian without advance notice or consent. The investigation does not prohibit any other lawful action. If the investigation and report indicate that child abuse or neglect has occurred, the state’s attorney shall take appropriate action immediately. The court may appoint an attorney, guardian ad litem or special advocate to assist in representing the best interests of the child. Any such appointment shall occur in the manner the county in which the action is being conducted has chosen to provide indigent counsel under              § 23A-40-1. Compensation and expense allowances for the child’s attorney, guardian ad litem or special advocate shall be determined and paid according to § 26-7A-31.

26-8A-10.  Report to social services — Content. A report made pursuant to § 26-8A-8 to the department of social services shall include the name, address, date and place of birth of the child, the name and address of the child’s parents, guardian, custodian or responsible persons, the date of the report, and the suspected or proven instances of child abuse or neglect as defined in § 26-8A-2. The department of social services shall be the central registry for such information.

26-8A-10.1.  Notice to child’s parents of determination of abuse or neglect—Contents—Confidentiality.  If an investigation by the Department of Social Services determines that abuse or neglect has occurred, the department shall make reasonable efforts to inform each of the child’s parents of the determination with due regard given to the rights of the subject of the report pursuant to § 26-8A-11. The information shall only include identification of the provisions of § 26-8A-2 which constituted the basis for the determination that abuse or neglect occurred. This provision does not limit the department in providing services to a parent who is the subject of the report. A notice of the report shall be sent, by certified mail, to any parent who is not the subject of the report at the parent’s last known address. The information shall be maintained confidential by the parent pursuant to § 26-8A-13.

26-8A-10.2.  Exception to notice requirement.  The provisions of § 26-8A-10.1 do not apply if the department has good cause to believe that the provisions of the information will be seriously detrimental to the best interests of the child.

26-8A-11. Request to amend or remove record — Administrative hearing — Decision. Within thirty days after the Department of Social Services notifies any person that he or she will be placed on the central registry for child abuse and neglect based upon a substantiated investigation, the person may request an administrative hearing. The administrative hearing is limited to determining whether the record should be amended or removed on the grounds that it is inaccurate. The request shall be made in writing and directed to the person designated by the department in the notice. However, if there has been a court finding of child abuse or neglect, the record’s accuracy is conclusively presumed and the person has no right to an administrative hearing. In the hearing, the burden of proving the accuracy of the record is on the department. The hearing examiner may order the amendment or removal of the record. The decision of the hearing examiner shall be made in writing within ninety days after the date of receipt of the request for a hearing and shall state the reasons upon which it is based. Decisions of the department under this section are administrative decisions subject to judicial review under chapter 1-26. In any case where there has been no substantiated report of child abuse and neglect, the department may not maintain a record or other information of unsubstantiated child abuse and neglect for longer than three years if there has been no further report within that three-year period. 

26-8A-11.1. Request for a hearing to release name of complainant in unsubstantiated investigation. Within thirty days after the notice of the determination of an unsubstantiated investigation by the Department of Social Services, the person who is the subject of the investigation may request an administrative hearing to determine whether the report was made with malice and without reasonable foundation and whether the name of the complainant should be released to the subject of the investigation. Within twenty days of receiving the request, an administrative hearing officer shall notify the complainant by mail that a request to release the complainant’s name has been made and set a time and date for a hearing. The complainant shall be afforded the opportunity to be heard prior to any determination by the hearing officer to release the name. The complainant may appear at the hearing in person or through counsel or may submit written objections to the request in lieu of appearance. Any written objections or other information that may reveal the name of the complainant shall be sealed and available only to the administrative hearing officer. The administrative hearing officer shall determine within ninety days of the final date of the hearing whether the report was made maliciously and without reasonable foundation and whether release of the complainant’s name would be likely to endanger the complainant’s life or safety. The administrative hearing officer shall issue such a finding in a written report. The report may not disclose the name of the complainant or other identifying information. If the administrative hearing officer determines that the report was made with malice and without reasonable foundation and that release of the complainant’s name is not likely to endanger the complainant’s life or safety, the officer shall order the department to release the name of the complainant thirty days after issuing such finding. If the administrative hearing officer determines that the report was not made with malice or that the report was made with reasonable foundation or that release of the complainant’s name is likely to endanger the life or safety of the complainant, the name of the complainant may not be disclosed. Decisions of the department under this section are administrative decisions subject to review under chapter 1-26. If a decision of the department under this section is appealed under chapter 1-26, the identity of the complainant shall remain confidential until a final court order requiring the release of the complainant's name.

26-8A-12. Operation of central registry for abuse and neglect — Adoption of rules. The secretary of social services may adopt reasonable and necessary rules for the operation of the central registry for abuse and neglect, including the following:

1. Filing of reports;
2. Procedures for provision of notice to the subject of a report;
3. Amendment and expunction;
4. Release of information from the registry;
5. Statistical information; and
6. Provisions for the keeping and maintenance of records and the type of information placed into the central registry.

However, the secretary may not adopt any rule which would permit the removal from the central registry for abuse and neglect of any person who has been convicted of any violation of chapter 22-22, chapter 22-24A, § 22-22A-3, or § 26-10-1, if the victim of such crime was a child.

26-8A-12.1. Abuse and neglect screening of head start employees and adoptive or foster parents.  Upon receipt of a list of names of current or potential employees from a head start program director or the name of any person being considered as an adoptive or foster parent from a certified social worker eligible to engage in private independent practice as defined in § 36-26-17, the secretary of the Department of Social Services shall compare the list to the central registry for abuse and neglect and report any findings to the requesting program director of social worker.  

26-8A-12.2. Abuse and neglect screening required of certain current and potential employees and volunteers— Written consent required.  Upon receipt of names of current or potential employees or volunteers from the Juvenile Division of the Department of Corrections, any adolescent treatment program operated by the Department of Human Services or the Department of Social Services, any entity recognized as administering a CASA program as provided in § 16-2-51, any nationally accredited child advocacy center recognized by the Department of Social Services, or a court considering appointment of a guardian ad litem for a child in a proceeding pursuant to chapter 26-8A, the Department of Social Services shall compare the names to the central registry for abuse and neglect and report any findings to the requesting program director, to the Bureau of Human Resources and Administration human resource manager, child advocacy center, or to the court. Any potential employee or volunteer under this section shall give written consent before completion of the abuse and neglect screening. Failure to submit to abuse and neglect screening disqualifies an applicant from employment or appointment.

26-8A-12.3. Central registry check of kinship, foster care, adoption, and child welfare agency employment applicants.  Upon the receipt of a written request from a licensed child welfare agency or a private child welfare agency whose licensure has been waived pursuant to § 26-6-9, the Department of Social Services shall conduct a check of the central registry for child abuse and neglect for kinship, foster care, adoption, or employment applicants and shall provide the results to the requesting agency. Further, upon written request from an agency that provides child welfare services or child placement services for a federally recognized tribe, the department shall conduct a check of the central registry for child abuse and neglect for kinship, foster care or adoption applicants and shall provide the results to the requesting tribal agency. Before the department conducts any check of the central registry for child abuse and neglect pursuant to this section, the requesting agency shall provide to the department a consent signed by the applicant for kinship, foster care, adoption, or employment.

26-8A-12.4. Central registry check of prospective foster or adoptive parents at request of governmental social service agency for another state.  Upon receipt of a written request from a governmental social service agency with child protection responsibilities for another state and a consent singed by the applicant, the Department of Social Services shall conduct a check of the central registry for child abuse and neglect regarding a prospective foster or adoptive parent in the requesting state or any adult living in the parent’s home and shall provide the results to the requesting agency.

26-8A-13. Confidentiality of abuse or neglect information — Violation as misdemeanor — Release to certain parties. All investigative case records and files relating to reports of child abuse or neglect are confidential, and no disclosure of any such records, files, or other information may be made except as authorized in chapter 26-7A or this chapter. Any person who knowingly violates the confidential nature of the records, files, or information is guilty of a Class 1 misdemeanor. The Department of Social Services may release records, files, or other information to the following parties upon the receipt of a request showing that it is necessary for the parties to have such information in the performance of official functions relating to child abuse or neglect:

1. The attorney general, the state’s attorneys, law enforcement agencies, protective services workers, and judges of the courts investigating reports of known or suspected child abuse or neglect;
2. The attorney or guardian ad litem of the child who is the subject of the information;
3. Public officials or their authorized representatives who require the information in connection with the discharge of official duties;
4. Institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a child who is the subject of the information or report;
5. An adoptive parent of the child who is the subject of the information or report;
6. A foster parent, kinship provider, or prospective adoptive parent who is or may be caring for a child in the custody of the Department of Social Services who is the subject of the information or report;
7. A state, regional, or national registry of child abuse and neglect cases and courts of record of other states;
8. A validly appointed and registered child protection team under § 26-8A-17;
9. A physician caring for a child who is suspected or found to be abused or neglected;
10. State hearing examiners and any person, or the legal representative of any person, who is the subject of the report for purposes directly related to review under § 26-8A-11; and
11. A person eligible to submit an adoptive home study report under § 25-6-9.1 or 26-4-15. However, the information may only be released for the purpose of screening applicants.

Information received by an authorized receiving party shall be held confidential by the receiving party. However, the court may order the release of the information or any portion of it necessary for determination of an issue before the court.

Upon written request, the Department of Social Services shall release findings or information regarding the abuse or neglect of a child that resulted in a fatality or near fatality of the child unless the release of the findings or information would jeopardize a pending criminal investigation or proceeding. The findings or information to be released shall relate to the acts of child abuse or neglect that caused the fatality or near fatality of the child. However, the identity of the child may never be released. For the purpose of this chapter, near fatality means an act that, as certified by a physician, placed the child in serious or critical condition.

26-8A-13.1. Certain child protection records to be provided to the court, court services, state’s attorney, or agencies—Discovery—Fees.  Notwithstanding the provisions of § 26-8A-13, or any other statute to the contrary, in any case that a child is under the jurisdiction of the court pursuant to chapter 26-8B or 26-8C, upon a request for information, the Department of Social Services shall, with due regard to any federal laws or regulations in the following instances:

1. Conduct a child abuse and neglect central registry check and provide the results to the court, court services, or the state’s attorney to determine the appropriateness of returning a child to the parents or placing the child with another caretaker at any time during the pendency of the proceedings;
2. For a child committed to the Department of Corrections, conduct a child abuse and neglect central registry check and provide the results to the Department of Corrections for purposes of determining the appropriateness of returning a child to the parents or placing the child with another caretaker; and
3. For a child committed to the Department of Corrections, release copies of, or the equivalent to, the child’s: request for services history summary, initial family assessments, court reports, and family service agreements to the Department of Corrections for treatment planning purposes.

Upon receipt of an order of the court, the Department of Social Services shall make its child protection services file related to the child or the child’s parents and siblings available to the court, court services, or the state’s attorney with the exception of information protected by the Health Information Portability and Accountability Act of 1996, as amended to January 1, 2019, and the Family Educational Rights and Privacy Act, as amended to January 1, 2019, and the federal rules governing the confidentiality of alcohol and drug abuse patient records pursuant to 42 C.F.R. Part 2, as amended to January 1, 2019. Under no circumstances may the court order the release of information pertaining to pending abuse or neglect investigations.

The information released under this section is discoverable to the parties under the provisions of chapter 26-7A, but is otherwise confidential. However, the court, court services, or the Department of Corrections may release the information in their possession or any portion necessary to institutions and agencies that have legal responsibility or authorization to care for, treat, or supervise a child. The attorneys for the child and respondents may review the records with the child and the respondents but may not copy or release copies of the records. A pro se litigant is entitled to review the records but may not copy or release copies of the records.

The Department of Social Services shall impose reasonable fees for reproduction of its records released under this section. The Department of Social Services shall promulgate rules pursuant to chapter 1-26 for any fee imposed for records reproduction. 

26-8A-13.2. Consent of possible caretaker required for central registry screenings.  For central registry screenings allowed under the provisions of § 26-8A-13.1, the Department of Social Services may not complete the requested screening until the court, court services, the Department of Corrections, or the state’s attorney provides to the department a consent signed by the person being considered as a possible caretaker for the child. 

26-8A-13.3. Allegations relating to military parent or guardian—Notice to defense department family advocacy program. Upon receipt of a report pursuant to § 26-8A-10, the Department of Social Services shall make an effort to determine the military status of the parent or guardian whose child is subject to the report of child abuse or neglect. Notwithstanding the provisions of § 26-8A-13 or any other provision of law, if the department determines that the parent or guardian is in the military, the department shall notify a United States Department of Defense family advocacy program of the allegations that relate to the military parent or guardian.

26-8A-14. Immunity from liability. Any person or party participating in good faith in the making of a report or the submitting of copies of medical examination, treatment or hospitalization records pursuant to §§ 26-8A-3 to 26-8A-8, inclusive, or pursuant to any other provisions of this chapter, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the report. Immunity also extends in the same manner to persons requesting the taking of photographs and X rays pursuant to § 26-8A-16, to persons taking the photographs and X rays, to child protection teams established by the secretary of social services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a protection team or the department of social services in investigation, placement or a treatment plan. The provisions of this section or any other section granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect.

26-8A-15. Communications not privileged in child abuse or neglect cases. The privilege of confidentiality set forth in §§ 19-2-3, 19-13-21.1, and 19-13-6 to 19-13-15, inclusive, and § 36-26-30 may not be claimed in any judicial proceeding involving an alleged abused or neglected child or resulting from the giving or causing the giving of a report concerning abuse or neglect of a child pursuant to §§ 26-8A-3 to 26-8A-8, inclusive. 

LIQUIDATED DAMAGES 

53-9-5. Contacts fixing damages void, exception. Every contract in which amount of damage or compensation for breach of an obligation is determined in anticipation thereof is void to that extent except the parties may agree therein upon an amount presumed to be the damage for breach in cases where it would be impracticable or extremely difficult to fix actual damage.

21-9-11. Specific enforcement of penalty not permitted — Contract enforceable despite penalty or liquidated damages clause. No specific relief can be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case; but a contract otherwise proper to be enforced specifically may be so enforced, though a penalty is imposed or the damages are liquidated for its breach, and the party in default is willing to pay the same.

LABOR DISPUTES (IMPASSES, FACT-FINDINGS)

SDCL 60-10

60-10-1. Conciliation of labor dispute by Department of Labor and Regulation. In case of strikes, lockouts, or other labor disputes between employers and employees, the Department of Labor and Regulation requested by either party, shall endeavor to conciliate the parties to the controversy and induce them to confer with each other and compose their differences.

60-10-2. Unsuccessful efforts to conciliate — Investigation of matters in difference — Recommendation for settlement. If its efforts as conciliator prove unsuccessful, the Department of Labor and Regulation shall, if requested by either party, impartially investigate the matters in the difference between the parties. The request to the department shall be mailed within twenty days after the conclusion of the conciliation procedure provided for in § 60-10-1. The department shall give each party ample opportunity for presentation of the facts and shall make a report of the issues involved and a recommendation for settlement of the controversy. The department shall furnish a copy of its recommendation to each of the parties and to any local newspaper for publication for the information of the public.

60-10-3. Appointees of parties to assist in investigations. The secretary of labor and regulation shall have the right, if he so desires, or if requested by either party, to call in two capable citizens not directly connected with the dispute, one to be named by each party, to assist in the investigation and advise with him as to his recommendations.