The Swier Law Firm Education Law FAQs

A school district must grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district under S.D.C.L. § 13-28-44. 

Also, a school district must grant a request to admit into the district a student who is a resident of another school district and who is excused from attending school in the resident district under S.D.C.L. § 13-27-2, unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district under S.D.C.L. § 13-28-44.   

A school district must grant a request for a transfer into the district or within the district unless the transfer would result in an inability to provide a quality educational program based on criteria established by the district under S.D.C.L. § 13-28-44. 

Also, a school district must grant a request to admit into the district a student who is a resident of another school district and who is excused from attending school in the resident district under S.D.C.L. § 13-27-2, unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district under S.D.C.L. § 13-28-44.   

For more information about open enrollment in South Dakota, see Chapter 20 of The South Dakota School Law Deskbook.

In 1997, the South Dakota Legislature established the “enrollment options program,” commonly referred to as “open enrollment.” The law enables any South Dakota kindergarten through twelfth grade student to attend any public school that serves the student’s grade level in any South Dakota school district.

In 1997, the South Dakota Legislature established the “enrollment options program,” commonly referred to as “open enrollment.” The law enables any South Dakota kindergarten through twelfth grade student to attend any public school that serves the student’s grade level in any South Dakota school district.

Yes. Before any school board may implement the Sentinel Program, or make any material changes in the Sentinel Program’s personnel or protocol, the school board must obtain the approval of the law enforcement official who has jurisdiction over the school premises.  Any material changes in the Sentinel Program’s personnel or protocols must be reported to all law enforcement agencies within the jurisdiction over the school premises.  

The South Dakota School Sentinel Program allows a school board to create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such a manner as the board believes will be most likely to secure or enhance the deterrence of physical threat and defense of the school, its students, its staff, and members of the public on the school premises against violent attack.

             

The South Dakota School Sentinel Program allows a school board to create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such a manner as the board believes will be most likely to secure or enhance the deterrence of physical threat and defense of the school, its students, its staff, and members of the public on the school premises against violent attack.

A teacher's contract must be signed by the teacher, the school board president, and the school district's business manager.  

A school board member’s resignation requires a successor to be appointed to fill the vacancy and the resignation is not effective until the successor is appointed and qualified. Until that time, the resigning school board member continues to serve in an official capacity as a school board member.  

No school board member may participate in discussing or vote on any issue in which he has a conflict of interest. Each school board member must decide if any potential conflict of interest requires him to be disqualified from participating in discussion or voting. However, no school board member may participate in discussing or vote on an issue if:

(1) the school board member has a direct pecuniary interest in the matter before the school board; or

(2) at least two-thirds of the school board votes that the member has an identifiable conflict of interest that should prohibit him from voting on a specific matter.