Changes to Existing Law

New school district--Election of board--Notices and declarations of candidacy--Costs. If under the provisions of this chapter a new school district entity is created, the voters shall elect a new school board to govern such school the new district as hereinafter provided. The county auditor of the county having jurisdiction shall conduct the election under the existing statutory provisions for conducting annual board elections in school districts. The county auditor shall perform the duties specified for the business manager as provided in chapter 13-7, as amended and shall also give the provide notice of regarding the number of school board vacancies and the residency requirements for school board membership, as may be set forth in the plan approved by the voters. The A declaration of candidacy shall must be filed in the office with the auditor of the county auditor, and the date of. The election may be fixed on or before the first Monday in May shall take place on the date fixed for the next general election. Costs The cost of conducting the election shall must be paid by the new school district.

New school district--Board members--Assumption of office. The school board members of a newly created new school district elected on or before the first Monday in May shall qualify and assume office as soon as can be 25 Catchlines are not law. (§ 2-16-13.1) conveniently done but not before on the first Monday in January of the year in which the district will become operational. They, or as soon thereafter as practicable. The members shall organize the board as provided in chapter 13-8 and may immediately contract for services and supplies to be furnished to the newly created new school district for the fiscal year beginning July first of the year following the election and organization of such board. However, provided that if a new the new district does not become operational, the contracts are void. The board shall meet as often as it deems necessary before the new district becomes operational, and its. Any expenses shall constitute a legal claim incurred by the board under §§ 13-8-37 and 13-8-38, constitute a legal claim to be paid by the new district when it becomes operational. The school boards board of each existing districts district reorganized into newly created districts shall the new district may continue to operate until the end of the current fiscal year.

Exchange of land--Submission of question to voters-- Implementation. Within thirty days of after the last date of the public hearing, pursuant to § 13-6- 84.2, five percent of the voters residing within a school district may petition the school board of the district to refer the resolutions to an election. The school district board shall submit the question at the next annual election provided for in § 13-7-10. The Passage of the question shall be deemed to have passed or failed by requires a simple majority of those voting. Upon passage, the school boards board of each affected district shall submit forward the resolution to the board of county commissioners having jurisdiction for implementation pursuant to § 13-6-87.

30 Catchlines are not law. (§ 2-16-13.1) 13-7-10. School district elections--Date —Hours--Procedures. The annual election for school districts shall be held between the second Tuesday in April and the third Tuesday in June Unless otherwise exempted by law, each school district shall hold an election between the hours of seven a.m. and seven p.m. of the day of the election. The school board shall select the date of the election by resolution no later than the first regular meeting after January first of each year on the first Tuesday after the first Monday in November of each even-numbered year, beginning in November 2024. Voter registration, absentee voting, and procedures used in counting ballots shall be must be conducted in accordance with Title title 12, except as specifically provided in this chapter 13-7.

School district elections--Information in minutes. For the most recent annual each school district election conducted in each school district as provided in accordance with § 13-7-10, each school the board shall provide in the school board publish in the minutes the following information: (1) The number of registered voters of the school district on the date voter registration closes closed; (2) The number of registered voters of the school district who voted in the election; and (3) The percentage of registered voters of the school district who voted in the election; and (4) If the election was held in conjunction with a regular municipal election as provided in § 13-7-10.1 or with the regular June primary as provided in § 13-7-10.3. If the annual an election was not conducted because there was neither a contested vacancy on the school board nor any a question submitted to the voters, the school board shall provide publish that information in the school board minutes.

Option to adopt campaign finance law. The board of a school district governing body may, by ordinance or resolution, adopt the provisions of chapter 12-27.

Meetings of board--Election of president and vice president. The board shall hold the annual meeting shall be held on the second Monday of July, unless otherwise designated by the board at the prior regular meeting. Beginning in 2024, the board shall hold the annual meeting on the second Monday of December, unless otherwise designated by the board at the prior regular meeting 32 Catchlines are not law. (§ 2-16-13.1) Regular The board shall hold regular meetings shall be on the second Monday of each month, unless otherwise designated by the board at the annual meeting. At the annual meeting, the school board shall organize by the election of elect a president and a vice president from among its membership, and such officers members. The president and vice president shall serve until the next annual meeting. The board shall designate the depository or depositories as provided in § 13-16-15, and the custodians of all accounts; and designate the legal newspaper to be used for publishing all official notices and proceedings. A majority of the members of the school board constitutes a quorum for the purpose of conducting business. Any board action may be taken if it is approved by the majority of the members voting. Special meetings may be held upon call of called by the president or in the president's absence by , by the vice-president in the president's absence, or by a majority of the board members. Notice of suchThe business manager shall provide to each board member oral or written notice of a special meeting shall be given by the business manager to the board members either orally or in writing in sufficient time to permit their the member's presence.

Assumption of office by newly elected or appointed members-- Oath and bond. The Each individual newly elected members of the school to the board of a school district shall qualify and assume membership at the annual meeting of the school board in July, and. 31 Catchlines are not law. (§ 2-16-13.1) Each individual newly appointed members to the board shall assume membership at the next first meeting following such the appointment, by taking and subscribing to. Each individual newly elected or newly appointed to the board shall take an oath or affirmation to support the laws and Constitution of the United States and the State of South Dakota and this state, to faithfully perform the duties of school a board membership member, and by filing a bond if required by law, file a bond and having it have the bond approved.

Board of a school district--Terms of office. There shall be a school board consisting The board of a school district consists of five, seven, or nine members whose terms shall be from. Except as otherwise provided in this section, the term of office for a member of the board is one to three years initially, and three years thereafter; provided that each school board . 33 Catchlines are not law. (§ 2-16-13.1) Each member shall be is entitled to complete the term of office to which he the member was elected, except in the case of a school district's dissolution. The term of office for a member of the board elected during 2021 continues until the election scheduled in November 2024. The term of office for a member of the board elected during 2022 continues until the election scheduled in November 2026. The term of office for a member of the board elected during 2023 continues until the election scheduled in November 2024 or until the election scheduled in November 2026, as specified by the board. Thereafter, the term of office for a member of the board is four years.

Board membership--Board representation areas--Petition -- Resolution. The voters of any a school district may increase the number of board members to seven or to nine, or establish or discontinue school board representation areas, if approved by a majority vote of all voters of those voting at an election called and held as hereinafter provided for in this section. If a petition signed by ten percent of the registered voters of any a school district, based upon the total number of equal in number to at least ten percent of those registered voters to vote at the last preceding general election, is presented to the board requesting that an election be called for the purpose of voting to vote upon the question of the change of changing the number of board members, or the establishment or discontinuation of school upon the question of establishing or discontinuing board representation areas, the board shall call an election. The school board may, by resolution, call for an election for the purpose of voting upon the question of the change of changing the number of board members, or the establishment or discontinuation of school establishing or discontinuing board representation areas. The question shall be submitted Except as otherwise provided in this section, the board shall submit the question to the voters at an election to be held not less no fewer than forty-five nor more than sixty days from the date of the filing of suchafter: (1) The date on which the petition is filed with the business manager; or (2) The date on which the resolution is passed by the board. 33 Catchlines are not law. (§ 2-16-13.1) If such a the petition is filed less or the resolution is passed with fewer than one hundred twenty days prior to until the next annual election, the question shall be submitted board shall submit the question to the voters at the annual election. Such Beginning in 2024, if the petition is filed or the resolution is passed with fewer than one hundred twenty days until the next general election, the board shall submit the question to the voters at the general election. An election shall be held upon the same notice and under this section must be conducted in the same manner as provided by accordance with chapter 13-7. Any increase or decrease in the number of board members shall be implemented is effective at the next succeeding annual election. Any decrease in the number of board members is effective at the expiration of the respective terms.

Board membership—Increase—Decrease--Procedure. If at an election held pursuant to § 13-8-3 an increase in the number of board members is authorized, the school board is empowered to of the district may designate the number of vacancies and the number of years, not to exceed three years, in each vacancy term, so that all succeeding annual elections will have, insofar as practicable, the samea similar number of vacancies to be filled. The procedure for decreasing the number of board members shall be is the same as for increasing the number of board members, and the. The board is similarly empowered to may designate the vacancies and terms not to exceed three years; provided, that each school the number of years in each term, so that all succeeding elections will have, insofar as practicable a similar number of vacancies to be filled. A member of the board member shall be is entitled to complete the term of office to which he the member was elected.