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 cooperative educational service unit acquire property?
Yes. Each cooperative educational service unit may acquire, lease, and sell real and personal property as provided in the agreement establishing the unit.
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How is a cooperative educational service unit established?
A cooperative educational service unit is established by an agreement among participating school districts. Each district appoints at least one of its school board members to the governing board of the cooperative educational service unit and establishes that control of the cooperative educational service unit is vested in the participating districts through such appointments.
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What is the purpose of a cooperative educational service unit?
In South Dakota, the purpose of a cooperative educational service unit is to serve the public purpose of providing services to member districts and any other public or private entities deemed appropriate by a majority vote of the cooperative's governing board.
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Can a cooperative educational service unit issue bonds?
No. A cooperative educational service may not issue bonds.
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Can a cooperative educational service unit levy taxes?
No. A cooperative educational service unit may carry out the services stated in the cooperative agreement, but may not levy taxes.
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What is the role of a cooperative educational service unit in South Dakota?
A cooperative educational service unit's role is to provide academic educational resources, human resources, special education services, payroll services, cooperative purchasing, workers' compensation, group health insurance, and other services deemed appropriate by a majority vote of the governing board and in keeping with the laws of the State of South Dakota.
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What is a cooperative educational service unit in South Dakota?
A cooperative education service unit is a legal entity that is designed to encourage maximum use of cooperative efforts among school districts in an effort to maximize educational excellence and to permit cooperative efforts between schools which are not adjacent to one another.
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Are email discussions between school board members "meetings" under the South Dakota Open Meetings Law?
Maybe. Courts in some states have held that contemporaneous email communications among a quorum of the governing members of a public body constitute a "meeting" of the public body when the members discuss the merits of pending issues. Email participation in scheduling or similar activity would not, under this analysis, constitute a public meeting. (See Wood v. Battle Ground School District, 27 P.3d 1208 (Wash. 2001).
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In South Dakota, can a school administrator or teacher refer a student for psychiatric treatment without the parent's consent?
No. A public school administrator or teacher cannot refer a student for psychiatric treatment (within or outside the school) without the prior written consent of the student's parent or guardian.
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In South Dakota, can a student be disciplined during a school function away from the school premises?
Yes. Any person delegated to supervise children who has been authorized to attend a school function away from their school premises has the authority to use the physical force that is reasonable and necessary for supervisory control over students.