Session Law Chapter 85
CHAPTER 85
(HB 1093)
Required school district reorganization criteria revised.
FOR AN ACT ENTITLED, An Act to revise the criteria used to exempt certain school districts
from the requirement to reorganize.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-6-97 be amended to read as follows:
13-6-97. Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less
than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize
with another school district or school districts to create a newly reorganized school district with
a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall
enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by
June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse
falls to one hundred or below, that school district shall prepare a plan for reorganization within
two years. If any such district fails to prepare a plan for reorganization by the deadline, the
Board of Education shall prepare a reorganization plan for the district. However, the provisions
of this section do not apply to any school district that contracts with a school district in another
state pursuant to § 13-15-11 to provide for the education of children in grades seven through
twelve who reside within the district, that receives no foundation program state aid distributed
pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high
school in an adjoining school district in the state.
Signed March 17, 2011