South Dakota Codified Laws
Chapter 06 - School District Reorganization
Section 13-6-13 - Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy.

13-6-13. Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy.
The plan shall contain:
(1)A map or maps showing the boundaries of the proposed district or districts, the boundaries of the existing districts involved, the location of existing and proposed attendance centers and a description of the facilities, and the proposed school bus routes, if any;
(2)A legal description of the boundaries of the proposed district or districts;
(3)Estimates of the school age population within the proposed district or districts;
(4)The assessed valuation of all taxable property of each existing district and of the proposed district or districts;
(5)Outstanding general obligation bonds of any component district, funds in all school accounts and estimated receipts in all accounts in process of collection;
(6)If a joint district, the designation of the county of jurisdiction;
(7)The official name of the proposed district;
(8)A statement with regard to a proposed method of adjustment of assets and liabilities;
(9)The proposed number of school board members if a new entity is to be created;
(10)A description of the proposed educational program;
(11)A reasonably detailed budget showing estimated annual receipts and expenditures for the operation of the proposed district or districts;
(12)A process for a landowner to request their land be transferred to another school district when their land is adjacent to a school district other than a school district involved in the reorganization;
(13)Such additional information as may be necessary to show compliance with the standards for school districts as adopted by the South Dakota Board of Education Standards.
If the plan proposes the dissolution and annexation of a school district to one or more school districts, the school board of the receiving district, or districts, shall by resolution express their acceptance or rejection of all or part of the district to be dissolved as set forth in the proposed plan.
If the school boards of two or more school districts are developing a plan to consolidate, and two-thirds of the members of each affected school board agree, the plan may also include the provisions of an excess tax levy authorized in §10-12-43 if an excess tax levy currently exists in one or more of the school districts. If the plan is approved by the voters, the proposed excess tax levy may be applied in the new consolidated school district. If a proposed excess tax levy is included in the plan, the plan shall state the amount of the proposed excess tax levy. The proposed excess tax levy may be applied for taxes payable in any of the five years following the date of reorganization. In addition, each school board involved in the development of the plan shall announce the inclusion of the proposed excess tax levy in the plan to the taxpayers in the manner set forth in §10-12-43.

Source: SL 1955, ch 41, ch 8, §10; SL 1957, ch 60, §3; SDC Supp 1960, §15.2010; SL 1973, ch 85, §10; SL 1991, ch 126, §2; SL 2004, ch 122, §1; SL 2016, ch 82, §12; SL 2017, ch 81, §57.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 13 - Education

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 13-6-3.2 - Record of proceedings kept by county commissioners--Plats transmitted to secretary.

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 13-6-9.2 - County commissioners as school board for district unable to furnish own board--Power to finance and operate school program.

Section 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.

Section 13-6-13 - Contents of reorganization plan--Acceptance or rejection of annexed area by receiving board--Excess tax levy.

Section 13-6-13.1 - Former school district representation areas for consolidated districts--Establishment--Election of board members.

Section 13-6-13.2 - Rejection of request to transfer not actionable.

Section 13-6-17 - Plan incorporated in minutes--Distribution of copies--Approved plan binding--Superseding later plan.

Section 13-6-18 - Review of plan by secretary--Hearings--Notice of compliance or noncompliance--Duration of plan.

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 13-6-41.1 - Election on dissolution of district restricted to dissolving district--Resolution of annexing district.

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 13-6-48.2 - Correction of county boundary records to show reorganization--Notice to secretary.

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 13-6-61 - Operative date of reorganization--Participation in elections before operative date.

Section 13-6-61.1 - Operative date when reorganization consists solely of dissolution of school district.

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 13-6-64 - Assumption of office, organization and contracts made before new district operational--Continued operation of old boards.

Section 13-6-66 - Effective date of change of boundaries by creation of new district.

Section 13-6-67 - Dissolution of district after transfer of total area by reorganization--Expiration of terms of officers.

Section 13-6-75 - Filling of vacancies on school board created by transfer of territory to another district.

Section 13-6-77 - Valuation by county commissioners of school property and debt--Adjustments--Joint county action.

Section 13-6-78 - Transfer of assets and liabilities on reorganization--Copy of directive to secretary.

Section 13-6-81 - Tax to discharge liabilities of district dissolved in reorganization--Tax limitation--Bond issue.

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 13-6-84.3 - Submission of question by school board when requested by five percent of votes--Majority vote--Submission to county commissioners upon passage.

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 13-6-87 - Order of county commissioners approving or making boundary change--Distribution of copies.

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 .

Section 13-6-99 - School district created by reorganization to consist of adjoining territory--Exemption.