Under what circumstances could a school board member have a conflict of interest?

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.

About Swier School Law Counsel™

Swier School Law Counsel™ is a boutique education law department within Swier Law Firm.

We recognize the needs of South Dakota's school officials to obtain first-rate legal advice on a broad range of issues. Our attorneys provide creative, timely, and cost-efficient legal strategies that balance the needs of students, parents, employees, and citizens with the interests of keeping a school district on solid legal footing.

Swier School Law Counsel™ and its attorneys author The South Dakota School Law Deskbook™ and South Dakota School Law Notes™. The Group's attorneys also have years of experience teaching the popular "Education and the Law" class at the University of South Dakota School of Law.

Swier Law Firm has served as legal counsel for school districts throughout the state and for the School Administrators of South Dakota and its membership. SASD is an educational association comprised of over 800 school administrators (Superintendents, Business Managers, Principals, Special Education Directors, and Curriculum Directors) throughout South Dakota.