The Swier Law Firm Education Law FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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Can a South Dakota school district charge a fee for using the school parking lot?
Yes. In South Dakota, any school board may charge a fee to students or others for parking their motor vehicles in or on parking facilities provided by the school district.
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Is a South Dakota school district required to have a flag and flagpole?
Yes. In South Dakota, all school boards are required to erect and maintain upon each public school building or upon the grounds surrounding each public school building, a United States flag of not less than three by five feet. The flag shall be floated from the flagstaff or pole during the school hours of each school day, except when a violent storm or inclement weather would destroy or materially injure the flag.
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Under South Dakota law, can a county commissioner also serve as a school board member?
No. In South Dakota, no elected county, municipal, or state officer or the holder of any other office (which duties are incompatible or inconsistent with the duties of a school board member) is eligible to serve on a school board.
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Why can Madonna write off her work clothes, but a South Dakota school administrator probably can’t?
The tax code allows a deduction for work clothes, but usually only if:
- You wear them as a condition of your employment; and
- The clothes are not suitable for everyday wear.
Firefighters, health care workers, letter carriers, and law enforcement officers qualify for this deduction. Musicians and entertainers (like Madonna) can also deduct their clothes which aren't suitable for everyday wear.
Unfortunately, most South Dakota school administrators cannot use this tax deduction!
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Under South Dakota law, how many hours are required in a school term for grades 6-12?
In South Dakota, the number of hours in a school term for grades six through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermissions. An intermission is the time when students are at recess or lunch.
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In South Dakota, when does a school district's "fiscal year" begin and end?
Under South Dakota law, a school district's "fiscal year" begins July first and ends June thirtieth.
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In South Dakota, what is the proper procedure for disposing of a school district's library materials?
Any school district library may discard over-duplicated, outdated, inappropriate, or worn library materials. However, these materials must be marked clearly with the words: "Discarded, __________ School District Library" wherever the property label of such library appears. The discarded materials may be given to other libraries or to nonprofit agencies, destroyed, offered for public sale, or traded to a vendor for future library material purchasing credits.
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May a new school district only operate an elementary school?
No. Any school district formed after July 1, 1998, must operate both an elementary and a secondary school within the boundaries of the district.
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Does a cooperative educational service unit have to file an annual audit?
Yes. Any cooperative educational service unit must file annually (with the Department of Education) audits of their operation and disclosure statements of all funding sources.
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Does a cooperative educational service unit have to comply with school district "housekeeping" requirements?
Yes. Any cooperative educational service unit must comply with school district requirements regarding bookkeeping, record maintenance, board meetings, publication of minutes, health and safety requirements, and bid laws. It must also comply with budget procedures.