State of South Dakota  

677U0543   HOUSE ENGROSSED    NO.  SB 96 -  02/25/2013  

Introduced by:    Senators Johnston, Bradford, Jensen, Sutton, and White and Representatives Munsterman, Conzet, Ecklund, Hunhoff (Bernie), Nelson, Qualm, Schoenfish, Sly, Tulson, Tyler, and Verchio

        FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.
    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 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. The provisions of this section also do not apply to any school district that is a part of a consortium of school districts exercising joint powers pursuant to chapter 1-24 or intergovernmental cooperation in education pursuant to chapter 13-15 for the purposes stated in § 13-8-1, provided that any such joint powers agreement or intergovernmental cooperation agreement is approved each year before the first day of July by the secretary of education. The Board of Education may promulgate rules pursuant to chapter 1-26 to establish the procedures and criteria for the secretary's approval of agreements pursuant to this section. The criteria shall take into account any significant cost savings that may be achieved through such an agreement and the educational needs of the students in the districts.