The Swier Law Firm Education Law FAQs

In South Dakota, the secretary of the Department of Education is responsible for the classification and accreditation of all public and nonpublic schools under the rules established by the South Dakota Board of Education.

In South Dakota, no person can knowingly use a false academic degree or falsely claim to have a valid academic degree for the following purposes:

             (1)      To obtain employment;

             (2)      To obtain a promotion or higher compensation in employment;

             (3)      To obtain admission to postsecondary education; or

             (4)      In connection with any business, trade, profession, or occupation.

A violation of this section is a Class 1 misdemeanor and provides cause for the revocation of any license obtained in connection with the false degree.

The number of hours in the 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 pupils are at recess or lunch.

In South Dakota, a school fiscal year begins July first and ends June thirtieth. 

Under South Dakota law, no school official may participate in discussing or vote on any issue in which the official has a conflict of interest. Each official shall decide if any potential conflict of interest requires that official to be disqualified from participating in discussion or voting. However, no official may participate in discussing or vote on an issue if the following circumstances apply:

             (1)  The official has a direct pecuniary interest in the matter before the governing body; or

             (2)  At least two-thirds of the governing body votes that an official has an identifiable conflict of interest that should prohibit that official from voting on a specific item.

If an official with a direct pecuniary interest participates in discussion or votes on a matter before the governing body, the legal sole remedy is to invalidate that official's vote.

Under South Dakota law, after a teacher is in or beyond the fourth consecutive term of employment as a teacher with the school district (i.e., a "tenured teacher"), SDCL 13-43-6.1 and SDCL 13-43-6.2 apply to any nonrenewal of the teacher's contract. On or before April fifteenth, the superintendent or chief executive officer shall notify the teacher and the school board in writing of the recommendation to not renew the teacher's contract.

 

Yes. In South Dakota, a school board can charge a fee when providing programs either before or after the regular school term or school day (including weekends) for students who are of school age and are enrolled in a school within the district. However, the program provided by a school district for which a fee can be charged does not include any high school extracurricular activities.

Under South Dakota law, all reports, books, records, contracts, and papers in the business manager's office relating to school district business must be kept in the business manager's office and be open for review at all times to the president of the board, the secretary of the Department of Education and county auditor, and at reasonable hours to any voter or taxpayer.

Yes. Under South Dakota law, the parent or guardian of any student enrolled in a public school can choose to receive any notifications or correspondence from that school by electronic mail instead of regular mail if the parent or guardian provides to the school an electronic mail address to which the notifications or correspondence may be sent.

The Office of Indian Education supports initiatives so that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's American Indian culture.