Some SD laws related to School and School Board Management and Meetings

  (Note: Click Blue Education Priorities Masthead above to return to home page.)

These are some of the codified SD law and regulations we found related to school boards, school management, school board meetings, etc.  There are more of them.  We suggest you check actual SD code before acting on anything you read here however.

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Some SD laws related to School and School Board Management and Meetings
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     13-8-1.   School board defined. The school board is an elected body created according to the laws of the state to serve as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing within the school district.

Source: SL 1955, ch 41, ch 9, § 1; SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 78; SL 1973, ch 86, § 1.

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     13-8-23.   Events creating vacancy on school board. A vacancy on the school board occurs if any of the following events happen before the expiration of the term of a school board member. If the member:
             (1)      Dies;
             (2)      Is removed from the board;
             (3)      Fails to qualify as a board member as provided by law;
             (4)      Ceases to be a resident of the school district or representation area where elected;
             (5)      Is convicted of any infamous crime or of any offense involving a violation of the member's official oath;
             (6)      Has a judgment obtained against the member for breach of the member's official bond;
             (7)      Is incapacitated and is unable to attend to the duties of the position;
             (8)      Assumes the duties of an office incompatible with the duties of a school board member;
             (9)      Resigns.

Source: SDC 1939, § 15.2316; SL 1955, ch 41, ch 9, § 24; SDC Supp 1960, § 15.2324; SL 1975, ch 128, § 56; SL 2006, ch 76, § 3.

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     13-8-39.   Management of schools by board--General powers. As provided and limited by law, the school board has general charge, direction and management of the schools of the district and control and care of all property belonging to it. The school board may levy taxes, borrow money, employ any necessary personnel, lease real and personal property, carry liability and other insurance, or in lieu of insurance, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the school board in meeting obligations arising from such acts or omissions for which the school board may be legally liable, purchase all necessary books and equipment, purchase real property and erect necessary buildings for the operation of such schools.

Source: SDC 1939, §§ 15.2001, 15.2018; SL 1947, ch 61; SL 1951, ch 53; SL 1953, ch 55, § 2; SL 1955, ch 41, ch 9, § 1; SL 1957, ch 63; SL 1959, ch 63; SDC Supp 1960, § 15.2301; SL 1963, ch 74, § 3; SL 1963, ch 78; SL 1978, ch 49, § 3; SL 1979, ch 114; SL 1987, ch 75, § 3.

Chapter 13-8

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    13-48-35.   Certificate of authorization required to provide postsecondary education. No postsecondary institution may provide educational programs at physical locations in this state unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter. Additionally, except for such postsecondary institutions providing educational programs at physical locations in this state on July 1, 2012, no postsecondary institution may publicize the availability in this state of such programs unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter.

Source: SL 2012, ch 100, § 2.

Chapter 13-48

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         24:11:03:01.  Code of ethics for professional administrators. The professional administrator shall comply with the following code of ethics:


          (1)  Make the well-being of the students the basis of decision making and action;
          (2)  Enforce and obey local, state, and national rules and laws in the performance of duties;
          (3)  Exemplify high moral standards by not engaging in or becoming a party to such activities as fraud, embezzlement, deceit, moral turpitude, gross immorality, illegal drugs, or use of misleading or false statements;
          (4)  Respect the civil rights of those with whom the administrator has contact in the performance of duties;
          (5)  Interpret, accurately represent, and implement the policies and administrative regulations of the appropriate educational governing board;
          (6)  Distinguish personal politics, attitudes, and opinions from stated policies of the appropriate educational governing board;
          (7)  Fulfill professional responsibilities with honesty and integrity;
          (8)  Maintain professional relationships which are free from vindictiveness, willful intimidation, and disparagement;
          (9)  Safeguard confidential information;
          (10)  Not allow professional decisions or actions to be impaired or influenced by personal gain, gifts, gratuities, favors, and services made or withheld;
          (11)  Avoid preferential treatment and conflicts of interest;
          (12)  Honor all contracts until fulfillment, release, or dissolution by mutual agreement of all parties;
          (13)  Apply for, accept, offer, or assign a position of responsibility on the basis of professional preparation and legal qualifications;
          (14)  Accurately represent personal qualifications and the evaluations and recommendations of others;
          (15)  Cooperate with authorities regarding violations of the codes of ethics of the South Dakota Professional Administrators Practices and Standards Commission and the South Dakota Professional Teachers Practices and Standards Commission.
          Source: 13 SDR 3, effective July 22, 1986; 27 SDR 141, effective July 3, 2001.
          General Authority: SDCL 13-43-45.
          Law Implemented: SDCL 13-43-45.
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October01
    Open Meetings Law Series: Giving Notice

    This is the second installment in a series examining South Dakota’s Open Meeting Law by Director of Policy and Legal Services Gerry Kaufman and Leadership Development Director Dr. Randall Royer. This article will appear in the October edition of The Bulletin scheduled to be published on Wednesday, Oct. 9. 

    SDCL 1-25-1.1 requires, and the Open Meetings Commission has held, that all public schools must post a notice of a school board meeting with the date, time, and location of the meeting along with a proposed agenda at least 24-hours in advance of the meeting.
  

    The notice and agenda must be posted at the building where the principal office of the school board is located (i.e., where school board meetings are regularly held). If the school has a website, the meeting notice and proposed agenda must also be posted on the website. Posting the notice and proposed agenda only on the website does not meet the statutory requirements for posting.   

    For all special meetings, and rescheduled meetings, the law requires that the meeting notice and the proposed agenda be delivered either in person, by mail, by email, or by telephone, to members of the local news media who have requested the notice and proposed agenda.   

    The 24-hour rule applies to special and rescheduled meetings “to the extent that circumstances permit.” When in doubt about posting a notice of meeting and proposed agenda, contact your school attorney.   

    So what is a Board’s member role in posting? 

    The chair of the board, working with the superintendent, develops the actual agenda, but usually, more the other way around. Any board member can ask for items to be placed on the agenda before it is published, but they should do so through the board chair. Follow the chain of command.   

    An example agenda model follows:
        Call to order
        Pledge of Allegiance
        Roll call, quorum established.
        Open forum
        Approval of Agenda
        Recognition of students/staff/celebrate success
        Identify unfinished business items
        Consent agenda
        New business—action items
        Information items
        Committee and superintendent reports
        Executive Session, if required
         Certainly, variations exist and are workable.  

    The format listed above works for many reasons; with the Open Forum early in the meeting, and somewhat isolated from action items, the public doesn’t have to wait an hour or more to speak (or vent), which could cause them to build up more steam.   

    Remember this is a meeting of the Board in public; it’s not a public meeting. There is a difference!  

    The Chair should control all aspects of the meeting, including Open Forum. Isolate Open Forum from board action so the board can make well-informed decisions without undue emotional influence. Certainly as best as you can, celebrate student achievements and recognize accomplishments by your staff at every meeting. This is part of why you are on the board.   

    Care should be taken when something controversial quickly materializes and the public, collaborating with a board member, wants it added to the meeting, and acted upon by the board.   

    The better solution for a board would be to listen to the issue during open forum, ask to gather more information and background, and promise to report at the next regular board meeting, and act then if necessary or warranted.   

    Certainly, as most school boards meet but once a month, items that did not make it on the proposed agenda, that need to be acted upon and not postponed for another month, could be added at the regular meeting at the time when the agenda is approved by the school board. There are to be no additions to the agenda after the agenda has been approved.   

    Sometimes the agenda may need to be amended at the actual meeting, but this should be done with care. Do not purposely avoid putting an item on the agenda, only to add it as an agenda amendment, for the sole purpose of avoiding large crowds, controversy or media attention.    

    The Open Meetings Commission has consistently written that there is no “good faith exception” to the open meetings laws. Strict compliance is required.   

    There are two potential consequences for violating SDCL 1-25-1.1:
        Violating SDCL 1-25-1.1 is a criminal offense (Class 2 misdemeanor) and the penalty can be up to 30 days in jail and/or up to a $500 fine. A state’s attorney decides whether to file a criminal complaint and conceivably could file a complaint against each member of the school board.
        If the State’s Attorney chose to forward the complaint to the Open Meetings Commission instead of filing a criminal complaint, and the Commission found that the school board violated the statute, the school board would receive a public reprimand from the Commission. However, if the Open Meetings Commission did reprimand a school board, the State’s Attorney or Attorney General cannot use that reprimand as the basis for a subsequent criminal complaint for the same violation.


  Follow the rules to the letter of the law and keep the meeting moving.
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      13-11-2.   Adoption of annual school budget--Publication--Cash flow--Levy--Changes in budget. The school board shall prepare a proposed budget for the next fiscal year according to the budgeting standards prescribed by the auditor general for consideration not later than the regular meeting in the month of May. The proposed budget shall be published in the designated official newspaper not later than July fifteenth together with a notice of hearing on the budget. The budget hearing shall be held before August first. Before October first every school board shall approve a budget for the anticipated obligations of each fund, except trust and agency funds, for the school fiscal year. The budget may include an amount to provide cash flow funding according to guidelines prescribed by the auditor general. By resolution the school board shall adopt a levy in dollars sufficient to meet the school budget. Any changes in the proposed budget incorporated into the final budget shall be published in the minutes within thirty days after the final adoption of the budget.
Source: SDC 1939, § 15.2327; SL 1941, ch 64, § 1; SL 1953, ch 59, § 2; SL 1955, ch 41, ch 10, § 8; SDC Supp 1960, § 15.2208; SL 1971, ch 74, § 2; SL 1973, ch 88; SL 1975, ch 132; SL 1976, ch 115, § 2; SL 1986, ch 126, § 2; SL 1987, ch 128, § 1; SL 1995, ch 93; SL 1996, ch 105.
 
  13-11-3.   Report of levy amount to county auditor--Spread against property in district--General fund and special education fund report. The school district shall report the amount budgeted to the county auditor before October first on forms prescribed by the county auditor. The county auditor shall spread a levy in dollars and cents over the taxable property of the school district sufficient to raise the money requested by the school district subject to the legal dollars and cents limitations on any of the funds as provided by law. For the general fund , special education fund, capital outlay fund, and pension fund, the school district may report the levy in dollars or dollars per one thousand dollars of taxable valuation.
Source: SDC 1939, § 15.2526; SL 1955, ch 41, ch 10, § 8; SDC Supp 1960, § 15.2208; SL 1971, ch 74, § 3; SL 1975, ch 128, § 76; SL 1986, ch 126, § 4; SL 1987, ch 128, § 3; SL 1997, ch 86, § 1; SL 1997, ch 87, § 1; SL 1998, ch 86, § 1.