An Act to allow the secretary of education to waive the minimum number of hours required in a school term during a state of emergency and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 13-26-1 be AMENDED:

13-26-1. School fiscal year--Local board to set length of school term, day and week--Number of hours in school term--Exception.

The school fiscal year shall begin July first and end June thirtieth. Each local school board shall set the number of days in a school term, the length of a school day, and the number of school days in a school week. The local school board or governing body shall establish the number of hours in the school term for kindergarten programs, which may not be less than four hundred thirty-seven and one-half hours. The number of hours in the school term for grades one through five may not be less than eight hundred seventy-five hours, exclusive of intermissions. 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 and for grades six through twelve, the passing time between classes.

The minimum number of hours required in this section may be waived by the secretary if the Governor or the President of the United States declares a state of emergency and the affected school is located within the area to which the state of emergency is applicable. The Department of Education shall monitor emergency-related school closures and provide updates to the schools.

If a school closes because of a declared state of emergency, virtual or remote instruction may be counted toward the hours required by this section. The Department of Education shall provide guidance regarding that which constitutes virtual and remote instruction and establish guidelines for the use of virtual and remote instruction.

Section 2. This Act is repealed on July 1, 2021.

Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.