Get Answers to Your Highest Priority South Dakota Legal Questions

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  • I live in Sioux Falls and have recently returned to work. Can a South Dakota child support order allocate child care expenses?

    Yes.  Under South Dakota law, a court may enter an order allocating reasonable child care expenses for the child, which are due to employment of either parent, job search of either parent, or the training or education of either parent necessary to obtain a job or enhance earning potential.

  • Do South Dakota's public schools have to permit military and National Guard recruiters access to students?

    Yes. Any public secondary school accredited by the South Dakota Department of Education, and any public postsecondary school, located in South Dakota, must permit active duty and reserve duty military recruiters or South Dakota National Guard military recruiters reasonable access to school facilities and students, at reasonable times and at reasonable places, for the purposes of providing information about military careers and benefits.

  • In South Dakota, can a student that is expelled or suspended in one school district enroll in another school district before the expulsion or suspension has expired?

    No. Under South Dakota law, if a student is under suspension or expulsion in a school district, the student cannot enroll in any school district until the suspension or expulsion has expired. 

  • Under what circumstances does a South Dakota high school athlete need to be removed from participation because of concussion symptoms?

    Under South Dakota law, an athlete must be removed from participation in any athletic activity sanctioned by the South Dakota High School Activities Association at the time the athlete either (1) exhibits signs, symptoms, or behaviors consistent with a concussion; or (2) is suspected of sustaining a concussion.

  • How can a school district best manage custody conflicts between parents or other caretakers?

     

    Unfortunately, the law often does not provide clear guidance to school officials about how to resolve custody conflicts between parents or other caretakers. Therefore, it is important that school officials establish guidelines to deal with these conflicts.

    School policies should be designed to minimize custodial conflicts and encourage parents and other caretakers to resolve these disputes away from the school grounds. These guidelines are offered as examples of policies that may assist school officials in managing custodial disputes.

    When a child is enrolled the school should:

     1.  Ask for information about the marital status of the student's parents and, if the parents are not living together, ask about the child custody arrangements;

    2.  Obtain identifying information about the child's parents if the child is living with someone other than the parents;

    3.  Ask for copies of the most recent court orders, separation agreements, or other documents affecting the child's custody or legal status;

    4.  Inform parents or caretakers, in writing, of the school's policies relating to visiting students during schol hours and removing students from school during school hours; and

    5.  Make it clear that the information is requested to protect parents' rights and safeguard students.‚Äč

  • What is "arbitration" in a crop insurance claim?

     

    A disagreement between a producer and his insurance company is usually resolved through "arbitration." Arbitration decisions are binding on the parties, but can sometimes be appealed to a federal court. 

  • What is "crop-hail" insurance?

     

    "Crop-Hail" insurance is only offered by private insurance companies and is excluded from the list of policies of the Federal Crop Insurance Program (FCIP). Producers can apply for crop-hail insurance at any time of the year, even after the crops have been planted. Producers often choose this insurance type because it provides them with the flexibility of receiving indemnity for the parts of their field that was damaged by hail. Different states also offer its own versions of FCIP policies that reflect the needs of farmers in their area.

  • What is "adjusted growth revenue" insurance?

     

    "Adjusted Growth Revenue" (AGR) insurance protects revenues of the producer. However, instead of insuring the revenue of just one crop, AGR insures the revenue of the entire farm. The products that can be protected include all agricultural yields, as well as livestock and aquaculture products. This form of insurance is only available in selected counties in 10 states and state-wide in eight others. The basis of the coverage will be the producer’s historical Internal Revenue Service (IRS) tax form and an annual farm report. The percentage of coverage and the rate of the premium will also depend on the number of commodities produced. 

  • What is "actual revenue history" insurance?

     

    "Actual Revenue History" (ARH) insurance is based on historical revenues. ARH follows much of the same procedures as APH policies, but instead of reflecting an average or percentage of products, it reflects a percentage of the total revenue for a certain crop. ARH policies protect producers from seasons of low revenues caused by low prices, low yields, or low quality of the harvested crops.

  • What is "actual production history" insurance?

     

    "Actual Production History" (APH) insurance protects farmers against yield losses and shortages due to natural events like droughts, hail, moisture, frost, disease and other causes. It is up to the producer to choose the amount of the average yield to insure. In some areas, APH insurance can insure up to 85% of a producer’s average yield.