Everything you need to know about ranked-choice voting in one spot. Click to learn more!

School board authority in South Dakota

From Ballotpedia
Jump to: navigation, search
Education Banner Blue.png
Education Policy
Education Icon 200x200.png
Education policy topics
• Overview of trends in K-12 curricula development
• Impact of school choice on rural school districts
• Local school board authority across the 50 states
• State policies on cellphone use in K-12 public schools
• School choice in the United States
• School choice glossary

Other policy areas
Click here for coverage of other policy areas on Ballotpedia

South Dakota state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties South Dakota law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS
  • School boards in South Dakota have the authority to remove books from school libraries.
  • South Dakota is one of 24 states that does not have a statewide Parents' Bill of Rights.
  • South Dakota is one of three states for which Ballotpedia could not identify legislation regarding the authorization of public charter schools.


    • Types of legal and contractual constraints on school board authority

    See also: Local school board authority across the 50 states

    This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

    There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

    • State laws commonly restrict or mandate school board policies on certain topics.
      • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
    • State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
    • Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
    • The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
    • Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
    • State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

    This page features the following sections:

    School board authority over district policy in South Dakota

    Enabling or authorizing statute for the boards of school districts in South Dakota

    See also: Enabling statute

    South Dakota Codified Laws § 13-8-1 creates school district boards and gives them authority to operate:[1]

    “

    The school board is an elected body created according to the laws of the state to serve as the governing board of a school district for the purpose of organizing, maintaining, and locating schools and for providing educational opportunities and services for all citizens residing within the school district.[2]

    		”

    South Dakota school boards' powers and duties

    South Dakota public school boards of directors are given broad authority to administer the public schools in South Dakota. In addition to budget-related and fiscal duties, school property and facilities management, and administrative responsibilities, the specific powers and duties include:

    • purchase all necessary books and equipment,
    • purchase real property and erect necessary buildings.

    The list of powers and duties school district boards are charged with appears in South Dakota Statute § 13-8-39 and are as follows:[3]

    “

    As provided and limited by law, the school board has general charge, direction and management of the schools of the district and control and care of all property belonging to it. The school board may levy taxes, borrow money, employ any necessary personnel, lease real and personal property, carry liability and other insurance, or in lieu of insurance, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the school board in meeting obligations arising from such acts or omissions for which the school board may be legally liable, purchase all necessary books and equipment, purchase real property and erect necessary buildings for the operation of such schools.[2]

    		”

    Constraints on South Dakota school boards' authority

    This section tracks constraints on school boards specific to South Dakota as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

    Constraint on South Dakota school boards' authority by topic

    This section features constraints on South Dakota school boards' authority on policies related to the following topics:

    Curriculum requirements

    South Dakota requires the following specific topics to be included in each district's curriculum:[4]

    • South Dakota Constitution
    • character development

    Curriculum restrictions

    South Dakota law prohibits instruction in public schools regarding inherently divisive topics and critical race theory. The following provides the full text of Executive Order 2022-2, which outlines the policy and its implementation in detail:[5]

    Federal law and guidance

    Book bans, removals, and restrictions

    Although South Dakota doesn't specifically authorize school boards to remove library books, they are charged with given authority over selecting books.[7]

    “

    Each public school board shall loan without charge to all persons ages five through nineteen who are either enrolled in a public school, or a nonpublic school, or who are engaged in a course of instruction pursuant to § 13-27-3, within the school district under such board's jurisdiction or who are residing in such district but are not enrolled in any such school or engaged in any such course of instruction, such nonsectarian textbooks designed for individual use as are normally furnished by such school board to individual students enrolled in the public schools of the district under such board's jurisdiction. For the purposes of this chapter, textbooks are any instructional materials that constitute the principal source of teaching and learning for a given course of study including print and digital materials, but not including any computer hardware. All such textbooks shall be approved by the respective school boards.[8] [2]

    		”

    Case law:
    The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.[9][10][11]

    Federal guidance


    Parental notification

    Ballotpedia could not identify any parental notification requirements in South Dakota statutes, regulations, case law, or collective bargaining agreements.

    Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.[13]

    Discipline

    See also: How does South Dakota compare to other states on school board authority over disciplinary policy?

    South Dakota is one of 47 states that gives school boards authority over district disciplinary policy.

    School boards collaborate with teachers and administrators to develop and implement disciplinary policy. The text of SD Laws § 13-32-1 and § 13-32-4 are as follows:[14][15]

    “

    Superintendents, principals, supervisors, and teachers have disciplinary authority over all students while the students are in school or participating in or attending school sponsored activities whether on or off school premises. Superintendents and principals may also discipline students for aggressive or violent behavior that disrupts school or that affects a health or safety factor of the school or its programs. [2]

    		”
    “

    The school board of every school district shall assist and cooperate with the administration and teachers in the government and discipline of the schools. The board may suspend or expel from school any student for violation of rules or policies or for insubordination or misconduct, and the superintendent or principal in charge of the school may temporarily suspend any student in accordance with § 13-32-4.2. The rules or policies may include prohibiting the following: (1) The consumption or possession of beer or alcoholic beverages on the school premises or at school activities; (2) The use or possession of a controlled substance, without a valid prescription, on the school premises or at school activities; and (3) The use or possession of a firearm, as provided in § 13-32-7, on or in any elementary or secondary school premises, vehicle, or building or any premises, vehicle, or building used or leased for elementary or secondary school functions or activities. In addition to administrative and school board disciplinary action, any violation of § 13-32-7 shall be reported to local law enforcement authorities. The period of expulsion may extend beyond the semester in which the violation, insubordination, or misconduct occurred. Any expulsion for consumption or possession of beer or alcoholic beverages may not extend beyond ninety school days. If a student has intentionally brought a firearm onto school premises, the expulsion may not be for less than twelve months. However, the superintendent or chief administering officer of each local school district or system may increase or decrease the length of a firearm-related expulsion on a case-by-case basis. The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 to establish administrative due process procedures for the protection of a student's rights. The administrative due process procedures shall include a requirement that the school give notice of a student's due process rights to the parent or guardian of the student at the time of suspension or expulsion. Each school district board shall provide a procedural due process hearing, if requested, for a student in accordance with such rules if the suspension or expulsion of the student extends into the eleventh school day. This section does not preclude other forms of discipline which may include suspension or expulsion from a class or activity. This section does not prohibit a local school district from providing educational services to an expelled student in an alternative setting.[2]

    		”
    Federal guidance

    School board elections

    See also: Rules governing school board election dates and timing in South Dakota, How does South Dakota compare to other states on school board authority over election timing?

    South Dakota is one of two states in which school boards have authority to select the timing of school board elections from within a date range set by state law.

    Click here to read about the laws governing school board elections in South Dakota.

    Public school choice and open enrollment

    See also: School choice in South Dakota

    South Dakota state law requires school boards or districts to allow school choice:[17][18]

    “

    The school board shall admit nonresident students to the public schools in the district when it can be done without injuring or overcrowding the schools. [2]

    		”
    “

    An enrollment options program is established to enable 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, subject to the provisions in §§ 13-28-40 to 13-28-47, inclusive. For purposes of determining state aid to education as it relates to the provisions of §§ 13-28-40 to 13-28-47, inclusive, fall enrollment as defined in § 13-13-10.1 is used to compute state aid to general education and special education fall enrollment as defined in § 13-37-35.1 is used to determine funding for special education. [2]

    		”

    Charter schools

    See also: Charter schools in South Dakota, How does South Dakota compare to other states on school board authority over charter schools?

    South Dakota is one of three states for which Ballotpedia could not identify legislation regarding the authorization of public charter schools.

    Cellphone bans

    See also: How does South Dakota compare to other states on cellphone laws?

    South Dakota is one of 16 states that do not have statewide laws or policies regarding cellphone use in K-12 classrooms.

    Collective bargaining agreements

    Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

    CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.[19][20]

    South Dakota school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

    For example, although school boards in the state might typically have the ability to establish sick leave under their general authority, the 2023-2024 CBA between the Brandon Valley School District Board of Education and the Brandon Valley Education Association sets sick leave that the board can't violate:[21]

    “ Commencing with the first teacher workday, each full-time teacher shall receive one day of paid leave for illness or other disability. Additionally, the teacher shall accrue one additional day for every subsequent twenty (20) working days worked or on temporary leave during the school term.[2] ”

    Parents' bill of rights

    See also: How does South Dakota compare to other states on Parents' Bills of Rights?

    South Dakota is one of 24 states that does not have a statewide Parents' Bill of Rights.


    How does South Dakota compare to other states?

    This section compares South Dakota's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

    Book bans, removals, and restrictions

    Twenty-four (24) states have no laws regulating the curation of school library books. Twenty-six (26) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

    • Ten states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
    • Eight states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
    • Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
    • Five states require school boards to establish local boards to review challenges to library books.
    • Two states require school boards to allow parents to view a catalogue of books.

    Some states have adopted multiple types of these policies.

    Discipline

    • School boards in 47 states have authority over disciplinary policy in their district.
    • School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
    • Individual schools in one state create their own disciplinary policy.

    School board elections

    School boards' authority over the timing of school board elections varies by state.

    • School boards in 42 states do not have authority over election timing;
    • School boards in five states can choose from limited options when to hold school board elections;
    • School boards in two states can choose from a date range when to hold school board elections;
    • The school board in Hawaii is not elected.

    The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

    Charter schools

    See also: Charter schools in the United States

    Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

    • 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
    • 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
    • 3 states do not have laws governing charter school authorization.
    • 1 state allows school districts to apply to the state board of education to be a charter school district.

    State cellphone laws

    See also: State policies on cellphone use in K-12 public schools

    In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.[22]

    Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.


    Parents' Bill of Rights

    See also: Parents' Bill of Rights in education

    If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

    • 26 states have enacted a statewide Parents' Bill of Rights
    • 24 states have not enacted a Parents' Bill of Rights.

    Noteworthy events

    See also: Overview of trends in K-12 curricula development
    • South Dakota governor signs bill to prohibit teaching critical race theory in public universities (2022): South Dakota Governor Kristi Noem (R) on March 21, 2022, signed a bill that aimed to prohibit instruction on critical race theory in public universities. The law banned university orientation or training materials from promoting what the text called divisive concepts, including the notion “that any race, color, religion, sex, ethnicity, or national origin is inherently superior or inferior.”[23][24][25]

    See also

    Footnotes

    1. ↑ Casetext.com, "S.D. Codified Laws § 13-8-1," November 25, 2024
    2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    3. ↑ South Dakota Legislature, "South Dakota Statute § 13-8-39," accessed December 20, 2024
    4. ↑ Casetext.com, "S.D. Codified Laws § 13-33," November 25, 2024
    5. ↑ Governor.sd.gov, " South Dakota, Executive Order 2022-2," November 25, 2024
    6. ↑ The White House, "Ending Radical Indoctrination in K-12 Schooling," accessed March 14, 2025
    7. ↑ South Dakota Legislature, "S.D. Codified Laws § 13-34-23," accessed December 20, 2024
    8. ↑ Bolding added by Ballotpedia staff.
    9. ↑ Education Law Center, Pennsylvania, "Challenging book bans: What can you do," September 18, 2024
    10. ↑ Law.Justia.com, "Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982)," September 18, 2024
    11. ↑ Law.Justia.com, "Zykan v. Warsaw Community School Corp., 631 F.2d 1300 (7th Cir. 1980)," October 11, 2024
    12. ↑ U.S. Department of Education, "U.S. Department of Education Ends Biden’s Book Ban Hoax," accessed January 28, 2025
    13. ↑ The United States Supreme Court, "Mahmoud et al. v. Taylor et al." Accessed July 7, 2025
    14. ↑ South Dakota Legislature, "S.D. Codified Laws § 13-32-1," accessed December 20, 2024
    15. ↑ South Dakota Legislature, "S.D. Codified Laws § 13-32-4," accessed December 20, 2024
    16. ↑ The White House, "Reinstating Common Sense School Discipline Policies," April 30, 2025
    17. ↑ South Dakota Legislature, "S.D. Codified Laws § 13-28-21," accessed December 20, 2024
    18. ↑ South Dakota Legislature, "S.D. Codified Laws § 13-28-40," accessed December 20, 2024
    19. ↑ National Education Association, "Collective Bargaining: What it is and How it Works", accessed October 3, 2024.
    20. ↑ National Education Association, "The Benefits of Collective Bargaining in Education", accessed October 3, 2024
    21. ↑ Brandon Valley School District, "2023-24 Agreement: Brandon Valley School District Board of Education and Brandon Valley Education Association," accessed December 20, 2024
    22. ↑ National Center for Education Statistics, "Percentage of public schools with various safety and security measures: Selected school years, 1999-2000 through 2021-22," accessed August 8, 2024
    23. ↑ U.S. News, "Noem Signs Bill Banning 'Divisive' University Race Trainings," March 21, 2022
    24. ↑ 2022 South Dakota Legislature, "House Bill 1012," accessed March 30, 2022
    25. ↑ The Hill, "Noem signs bill that rejects 'divisive' race trainings at South Dakota universities," March 21, 2022
    Retrieved from "https://ballotpedia.org/wiki/index.php?title=School_board_authority_in_South_Dakota&oldid=10483583"