13-6-10. Reorganization initiated by school board or voters--Development of plan--Deadlines for acknowledging petition and filing plan--Submission of plan to voters.
If the school board or the voters of two or more districts or parts of districts express a desire to consolidate their respective districts to create a new entity; or the school board or the voters of an existing district express a desire to divide the district to create one or more new entities; or the school board or the voters of an existing district express a desire to dissolve and be annexed to an existing district, the school board may by resolution, or shall, if presented by a petition signed by fifteen percent of the registered voters residing in the district, based upon the total number of registered voters at the last preceding general election, develop a plan to accomplish the desire expressed in the resolution or contained in the petition. If more than one district is involved, their respective school boards shall act jointly in the preparation of the plan. Within fifteen days after a petition is filed as provided in this section, the school district shall acknowledge the receipt of the petition in writing to the person who filed the petition. Within one hundred eighty days after the petition was filed, the school board shall develop the plan required in this section and shall file the plan as required in §13-6-17. The Department of Education may grant two extensions of the filing deadline, not to exceed ninety days each.
The school board shall call conferences and hold hearings to develop the plan. The school board may employ a consultant. If the school boards involved in the creation of a plan initiated by a petitioner cannot agree on a single plan within the time allowed in this section, the Secretary of Education shall submit a plan to the voters of each affected school board within ninety days.
Source: SDCL, §13-6-10 as enacted by SL 1973, ch 85, §9; SL 1987, ch 67, §9; SL 1991, ch 126, §1; SL 1999, ch 77, §1; SL 2003, ch 272, §63; SL 2005, ch 95, §1.
Structure South Dakota Codified Laws
Chapter 06 - School District Reorganization
Section 13-6-1 - Definition of terms.
Section 13-6-1.1 - Validation of past reorganization proceedings--Disputed proceedings excepted.
Section 13-6-2 - Legislative policy.
Section 13-6-3.3 - Public officials to make available information from public records.
Section 13-6-4 - Requirements for school district reorganization.
Section 13-6-7 - Municipality to be all in same district--Exception.
Section 13-6-13.2 - Rejection of request to transfer not actionable.
Section 13-6-18.1 - Boundary changes--When allowed.
Section 13-6-30 - Annexed territory to remain with original school district--Exception.
Section 13-6-41 - Special election called on state approval of plan--Eligibility to vote.
Section 13-6-41.2 - Date of election.
Section 13-6-41.3 - Notice of election--Contents--Costs of election.
Section 13-6-43 - Ballot form for election on reorganization.
Section 13-6-44 - General election law applicable to reorganization elections.
Section 13-6-45 - Certification and canvass of votes--Results transmitted to secretary.
Section 13-6-47 - Vote required to approve reorganization plan.
Section 13-6-48 - Secretary's notice of election results--Order effecting plan--Contents.
Section 13-6-48.1 - Distribution of copies of reorganization order.
Section 13-6-53 - Joint exercise of county powers in reorganization of joint districts.
Section 13-6-59 - Joint district controlled by county with majority of children.
Section 13-6-62 - Election of board for new district--Notices and declarations of candidacy--Costs.
Section 13-6-63 - Election and terms of members of new board--Residence requirements.
Section 13-6-66 - Effective date of change of boundaries by creation of new district.
Section 13-6-83 - Disposition of records of district dissolved by reorganization.
Section 13-6-84 - Board proposal for boundary change and land exchange.
Section 13-6-84.1 - Criteria for boundary change or land exchange.
Section 13-6-84.2 - Procedure for land exchange.
Section 13-6-84.4 - Authority to reorganize pursuant to §§ 13-6-10, 13-6-13, and 13-6-18 unaffected.
Section 13-6-85.2 - Amendment, addition, or deletion of information--Time limits.
Section 13-6-85.3 - Moratorium on minor boundary changes.
Section 13-6-85.4 - Petition to transfer land on closing of rural attendance center.
Section 13-6-86 - Contents of resolution for boundary change.
Section 13-6-88 - Adjustment of assets and liabilities on boundary change.
Section 13-6-97 - Required reorganization of school district with low enrollment--Exceptions .