13-6-97. Required reorganization of school district with low enrollment--Exceptions .
Any school district that has a fall enrollment, as defined in §13-13-10.1, of fewer than one hundred and is not a sparse school district, as defined in §13-13-78, shall reorganize with one or more school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. After July 1, 2007, if the fall enrollment of any school district that is not a sparse school district falls to one hundred or fewer, that school district shall prepare a plan for reorganization within two years. If a school district is required to prepare a plan for reorganization under this section and fails to prepare a plan, the Board of Education Standards shall prepare a plan for reorganization for that school district. The minimum fall enrollment for any school district that does not operate a high school and that contracts with an adjoining school district in Minnesota to educate its resident high school students is equal to a pro-rated share of one hundred based upon the number of grades offered within the school district. The provisions of this section do not apply to:
(1)A school district that receives no state aid distributed pursuant to chapter 13-13, and that is located not less than twenty-five miles from the nearest high school in an adjoining school district in the state;
(2)A school district that is part of a consortium of school districts exercising joint governmental powers pursuant to chapter 1-24, or intergovernmental cooperation in education pursuant to chapter 13-15 for the purposes stated in §13-8-1, if the joint powers agreement or intergovernmental cooperation agreement is approved each year before the first day of July by the secretary of education; and
(3)The only school district in the county with an existing attendance center, and whose attendance center is at least twenty miles away from any other attendance center.
The Board of Education Standards may promulgate rules, pursuant to chapter 1-26, to establish the procedures and criteria for the secretary's approval of any reorganization agreement required under this section. The criteria established by the Board of Education Standards under this section shall take into account any significant cost savings that may be achieved through the reorganization agreement and the educational needs of the students in the districts that are parties to the reorganization agreement.
Source: SL 2007, ch 93, §2; SL 2011, ch 85, §1; SL 2013, ch 72, §1; SL 2015, ch 85, §1; SL 2015, ch 89, §3; SL 2017, ch 81, §57; SL 2018, ch 90, §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 .