13-13-39. Apportionment of state aid--Payments to school districts--Deduction of delinquent payments where funds pledged.
The Department of Education shall apportion the state aid to education funds to each eligible school district and shall prepare a list of apportionments to be posted publicly in electronic format.
The state auditor shall issue the warrant to each school district when the apportionment voucher is presented for the total amount of the state aid to education funds each school district is to receive, subject to any reduction necessitated by the issuance of a notice from the Health and Educational Facilities Authority as provided in this section.
Notwithstanding the provisions of §13-13-74 or any other law, if the department receives written notice from the authority that a school district is delinquent in making any payment for any certificate, lease, or other obligation required by agreement with the authority in which the school district has pledged state aid to education funds or other amounts under Title 13 pursuant to a lease, resolution, certificate, or other arrangement with the authority, the department shall deduct from amounts otherwise due to a school district for the apportionment of state aid to education funds or other amounts under Title 13 the amount required to pay rentals, bonds, notes, certificates, or other amounts then due but unpaid. The state auditor shall issue a warrant for the full amount of the delinquency specified in the notice of the authority or a lesser amount as has been appropriated for the current fiscal year and not yet distributed pursuant to §13-13-74. The amount deducted shall be paid to the authority or any financial institution designated by the authority acting as paying agent or trustee on behalf of any holders of bonds, notes, lease, certificates, or other obligations in connection therewith, all as specified by the authority. A record of the amount deducted and a copy of the notice from the authority shall be filed with the state auditor and department.
Any amount paid to the authority or a financial institution designated pursuant to the procedures described in this section shall be deducted from the remaining amount of state aid to education funds otherwise payable to the school district under Title 13, thereby reducing the amount payable pursuant to §13-13-74. The amount payable to the authority and any financial institution pursuant to this section in any fiscal year may not exceed the amount of state aid to education funds appropriated and not yet paid to or for the benefit of a school district for the current fiscal year. No pledge by a school district of state aid to education funds or other amounts under Title 13 for any other purpose may be permitted and if made is voidable at the election of the authority.
Source: SL 1959, ch 67; SDC Supp 1960, §15.2246; SL 1961, ch 76; SL 1963, ch 77; SL 1969, ch 44, §30; SL 1970, ch 96, §4; SL 1971, ch 107, §1; SL 1975, ch 128, §87; SL 1986, ch 124, §5; SL 1989, ch 146, §1; SL 1990, ch 133, §2; SL 1997, ch 90, §1; SL 1999, ch 84, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §8; SL 2015, ch 89, §14; SL 2015, ch 90, §3.
Structure South Dakota Codified Laws
Chapter 13 - General State Aid To Schools
Section 13-13-1 - Apportionment among school districts of school fund income.
Section 13-13-1.1 - Individual school district average daily membership defined.
Section 13-13-1.2 - Fall enrollment records subject to examination by department.
Section 13-13-1.3 - Overreported fall enrollment data--Recovery of overpayment--Misdemeanor.
Section 13-13-2 - Payments to school districts of permanent school fund income.
Section 13-13-4 - Sources of county general school fund.
Section 13-13-5 - Report and distribution of county general school fund to school districts.
Section 13-13-6 - Payment of tax collections to school districts--Receipt.
Section 13-13-10.1 - Definitions.
Section 13-13-10.4 - Enrolled student defined.
Section 13-13-10.5 - Student enrolled on partial basis--Effect on fall enrollment.
Section 13-13-11 - Purpose and policy of general school aid.
Section 13-13-13 - Eligibility of district for state aid.
Section 13-13-14 - Attendance centers for entire term required.
Section 13-13-18 - Accredited public schools required.
Section 13-13-19 - Eligibility of newly reorganized district.
Section 13-13-20.4 - Actual assessed value for property given reduced value.
Section 13-13-36 - Manner of payment of state aid.
Section 13-13-37 - Submission of final financial report.
Section 13-13-37.4 - Promulgation of rules.
Section 13-13-41 - Correction of errors in foundation program payments.
Section 13-13-71 - Equalizing increase in local effort with increase in need.
Section 13-13-72 - Legislative policy on annual increase in appropriation for state aid.
Section 13-13-72.1 - Adjustment to certain levies.
Section 13-13-73 - Calculation of state aid for each school district.
Section 13-13-73.1 - Real property valuation of manufactured homes to be excluded from calculation.
Section 13-13-73.6 - Teacher compensation-- Increases.
Section 13-13-73.7 - Legislative intent regarding increases in teacher compensation.
Section 13-13-78 - Definition of terms used in § 13-13-79.
Section 13-13-79 - Distribution of funds to sparse school districts.
Section 13-13-81 - Definition of terms.
Section 13-13-82 - State aid to certain school districts for career and technical education.
Section 13-13-83 - Monthly payments.
Section 13-13-85 - Transfer of funds for jump start scholarships.
Section 13-13-86 - Child residing in licensed group care center for minors.
Section 13-13-88 - Workforce education fund created.
Section 13-13-89 - Disbursements from workforce education fund.
Section 13-13-90 - Promulgation of rules regarding workforce education fund.