South Dakota.

Compiled school laws of the state of South Dakota and constitutional provisions. Latest revision online

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UNIVERSITY

OF CALIFORNIA

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School Laws

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State of South Dakota



and Constitutional Provisions



LATEST REVISION



News Printing Co.

Aberdeen, S. D.

1913



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School
Blanks
and
Supplies

Teachers'

Registers,

Clerks*

and

Treasurers'

Records

ALL NEW
FORMS

State

Constitution in
Pamphlet

Course ot Study
in Pamphlet



NEWS

PRINTING CO.



ABERDEEN,



SOUTH DAK.



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News Printing Co.

PRINTERS AND BINDERS

13-23 Third Avenue West, Aberdeen, S. D.



EDUCATION



CHAPTER 135, SESSION LAWS 1907

AS AMENDED 1909, 1911 AND 1913



ESTABLISHING A UNIFORM SYSTEM OF EDUCATION FOR THE STATE

OF SOUTH DAKOTA

AN ACT to Establish a Uniform System of Education for the State of South
Dakota and to Repeal Certain Legislation Relating Thereto.

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

ARTICLE I

Department of Public Instruction

§ 1. State Supervision] The superintendent of public instruction shall
be charged with the general supervision of all the county schools and the high
schools and of all the city and county superintendents of the state.

§ 2. Superintendent — Duties of] He shall meet the county superintend-
ents in convention at least once each year, at such points in the state as he
may deem most suitable for that purpose, and by explanation and discussion
endeavor to secure a more uniform and efficient administration of the school
laws.

§ 3. He, personally or by an assistant, shall inspect all high schools and
shall have the power to accredit them to higher institutions of learning.

§ 4. The state superintendent of public instruction shall render a
written opinion to any county superintendent asking it, touching the exposition
or administration of the school law, and shall determine all cases relating
to the revocation of certificates, appealed from the county superintendent.

§ 5. All the necessary blanks to be used in transacting the business be-
tween county or city superintendents and the state superintendent shall be
supplied by the state superintendent. He shall also compile a book of forms
or blanks not furnished by the state, and all blanks used in a county or district
must correspond with a form in such book.

§ 6. On or before the thirtieth day of October preceding each regular
session of the legislature, he shall present a biennial report to the governor,
which report shall show the condition and needs of the public schools through-
out the state and the workings of the educational system of the state.

§ 7. He shall attend teachers' institutes in the several counties in the
state as far as may be consistent with other duties imposed by law, and assist
by lecture or otherwise in their instruction or management. The state super-
intendent shall prescribe rules and regulations for holding county normal in-
stitutes.

§ 8. He shall on or before March 1st in each year, prepare and send to
each county superintendent a list of the names of institute conductors, and



SOUTH DAKOTA SCHOOL LAWS



county superintendents shall engage conductors for their county normal insti-
tutes from the list sent by the superintendent of public instruction.

§ 9. He shall on or before the 1st day of April of each year call a meet-
ing of the county institute conductors, for the purpose of exchanging views
relative to the best methods of teaching and for outlining, as far as practicable, a
general plan for institute work.

§ 10. Examinations] Public examination for state certificates and life
diplomas shall be held by the superintendent of public instruction at least
twice each year, at such time and places as he shall select with a view to the
accommodation of applicants for such certificates.

§ 11. It shall be his duty to prepare all questions for the examination of
teachers by the county superintendents, and no county superintendent shall
examine teachers with questions not thus furnished. Whosoever shall sell,
barter or give away to applicants for certificates or to any other person the
questions prepared by the superintendent of public instruction to be used by
the county superintendents in the examination of teachers shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be fined not less
than twenty-five or more than one hundred dollars.

§ 12. State Certificates and Life Diplomas] The superintendent of public
instruction may issue two professional certificates, the state certificate, and
the life diploma, as hereinafter provided. He shall keep a full record of all
certificates issued by him and carefully file in his office all papers relating
thereto and preserve said papers for the period for which the certificates were
issued respectively. He shall, subsequent to each examination, send to each
county superintendent a list of the persons receiving certificates.

§ 13. Life Diploma] A life diploma shall be valid during good behavior
and shall authorize the holder thereof to teach in any public school of the
state. Applicants shall, by examination or otherwise, show satisfactory pro-
ficiency in the following branches: Reading, orthography, penmanship, arith-
metic, grammar, composition, geography, United States history, including South
Dakota history, civics and physiology and hygiene, and shall pass a satisfac-
tory examination in physical geography, physics, algebra, geometry, general
history of the pre-college grade, and in English language, and rhetoric, English
and American literature, either economics or sociology, any two of botany,
zoology, physiology, physics, chemistry, Latin, German, geology and mineralogy,
astronomy, algebra and trigonometry, all of the college grade and pedagogy,
including principles, method, management, psychology and history of education.

Provided, that a diploma from the state university of South Dakota, or
from any approved college having a regular course of study in which at least
four years' work above an approved four year high school course is required,
may be accepted in lieu of an examination in the subjects named; if the ap-
plicant has in his college course pursued one course of pedagogical studies,
and professional training comprising at least one-fourth work during at least
eighteen months. In case the holder of such diploma has not taken the re- .
quired work in pedagogy the deficiency may be made good by examination.

Provided further, that a diploma from any state normal school having a
regular course of study in which at least two years' work above an approved
four year high school course is required, or from any other normal school hav-
ing a regular course of study of the same extent and similar in character may
be accepted in lieu of an examination in the subjects named.

An applicant for a life diploma, by examination or otherwise, must present
evidence of at least forty months' successful experience in teaching and satis-
factory evidence of good moral character.

An applicant for a life diploma upon college or normal school credentials
shall present a certified copy of his diploma accompanied by a certified copy
of the course of study pursued specifically showing the amount of class work in
each subject, together with the standing in each branch*.



SOUTH DAKOTA SCHOOL LAWS



§ 14. State Certificate] A state certificate shall authorize the per-
son to whoro it is issued to teach in any of the public schools of the state for
the period of five years. Applicants for such state certificate shall, by exam-
ination or otherwise, show satisfactory proficiency in orthography, reading,
penmanship, arithmetic, geography, English grammar, physiology and hygiene,
United States history including South Dakota history, and shall pass a satis-
factory examination in civil government, American literature, drawing, alge-
bra, plane geometry, physical geography, physics or botany, general history,
pedagogy and English language, composition and rhetoric. He must also pre-
sent evidence of twenty-four months' successful experience in teaching.

Provided, that a diploma from any state normal school of South Dakota,
having a course of study in which at least two years' work above an approved
four-year high school course is required, may be accepted in lieu of an exam-
ination in the subjects named. Provided further, that a diploma from any
other school having a course of study equivalent in extent and similar in char-
acter, may be accepted in lieu of an examination in the subjects named.

Provided, further, that applicant for the state certificate, upon normal or
other school credentials, must show that the course of study pursued therein
contained a course of at least eighteen months of pedagogy and professional
training, comprising at least one-fourth work for said time. They shall pre-
sent their credentials to the department of education in the same manner as is
provided for applicants for life diploma.. An applicant who presents evidence
of graduation from a normal or other school shall also present evidence of
eighteen months' successful experience in teaching before being entitled to
said certificate, provided that the superintendent of public instruction may is-
sue to such applicant a provisional certificate for such probationary period.
Every applicant for a state certificate shall submit satisfactory evidence of a
good moral character.

§ 15. Renewal, Validation, and Revocation of Certificate] The super-
intendent of public instruction may renew a state certificate upon the
presentation by applicant of satisfactory evidence of continued and success-
ful experience as a teacher and satisfactory evidence of full attendance at a
county institute held the current year. He may similarly renew a first grade
certificate and primary certificate.

Provided, that a certificate which is permitted to lapse more than one year
shall not be renewable.

The state superintendent may validate certificates issued by other state
departments of the United States of the rank of the life diploma, state cer-
tificate, first grade or second grade certificate in this state, provided that the
requirements upon which they are issued are equivalent to the requirements
for corresponding certificates in South Dakota.

State certificates and life diplomas shall be revoked by the superintendent
of public instruction for any of the causes enumerated in Section 64 for the
revocation of certificates by county superintendents, and in a manner simi-
lar thereto.

§ 16. Applicants for a life diploma, except resident graduates of
the schools of this state, shall pay a fee of ten dollars ($10.00), and similarly,
applicants for a state certificate shall pay a fee of five dollars ($5.00), and for
a professional state certificate two dollars ($2.00); Provided, that should an
applicant fail in such examination one-half of the fee shall be returned.

All these fees shall be forwarded to the state department of public instruc-
tion and the state superintendent shall pay the same into the state treasury,
which, with the money now on hand, derived from this source shall constitute
a fund to be known as the state professional fund, and the moneys so collected
shall be paid out only upon the warrant of the state auditor, issued on vouch-
ers of the superintendent of public instruction, approved by the governor.



306241



SOUTH DAKOTA SCHOOL LAWS



Said state professional fund shall be used for the purpose of conducting
investigations, and gathering data of the progress of education in this state
and elsewhere; to publish such data and the results of such investigations
and to distribute the same to teachers, citizens and others, and for furthering
in other ways the profession of teaching.

§ 17. Teachers' Reading Circle Board of Managers] The Teachers' Read-
ing Circle Board of Managers shall consist of the president of the state edu-
cational association, the superintendent of public instruction and a member
elected by the county superintendents of the state.

The president of the State Educational Association shall be the president
of the board and the members of the board shall elect a secretary who shall
not be of their number and who shall have no voice in the proceedings of the
board. The secretary shall receive such salary as may be fixed by the board,
who shall also prescribe his duties. The board of managers of the Teachers'
Reading Circle shall hold at least one meeting each year to select the books
to be read, and shall have general charge of the Teachers' Reading Circle work
in the state. The members of the board of managers shall receive no com-
pensation, but their actual traveling expenses incurred in the discharge of
their duties shall be paid from the fees collected for state certificates and life
diplomas in the manner hereinbefore provided.

§ 18. Office Provided] An office shall be provided for him at the seat
of government in which he shall file all papers, reports and public documents
transmitted to him by the county superintendents each year, separately, and
hold the same in readiness to be exhibited to the governor or a committee of
either house of the legislature at any time when required, and he shall keep a
faithful record of all matters pertaining to his office. All books presented to
his office or purchased therefor shall be carefully preserved and catalogued
by him. The educational library thus formed shall be open to the teachers of
the state for reference and examination.

§ 19. Deputy Superintendent] He shall have the power to appoint a
deputy who shall perform such duties pertaining to the office as the superin-
tendent may direct and who shall receive such salary as the deputies of the other
state officers.

§ 20. Salary of Superintendent] He shall receive such salary as is pre-
scribed by law and also a sum not exceeding fifteen hundred dollars per annum
for traveling and other expenses while traveling on the business of the depart-
ment. The traveling expense account and certified bills for necessary office
expenses, and for the printing of such blanks and reports as are required by
law, shall be paid on the warrant of the state auditor.

ARTICLE II
County Supervision

§ 21. Election of Superintendent] In each organized county at the first
general election held after the admission of Ihe state of South Dakota into the
union, and every two years thereafter there shall be elected a superintendent
of schools whose term of office shall be two years, and no person shall be eligible
for more than four years in succession.

§ 22. No person shall be eligible to hold the office of county superin-
tendent who is not the holder of a regular first grade certificate or a certifi-
cate of higher grade valid in the state at the date of his induction into such
office and at least one year previous thereto.

That if any person shall file a statement on oath, with the county
auditor 15 days prior to the holding of any primary election, or other election,
that any person whose name has been certified to the county auditor as a
candidate for county superintendent upon any ticket is not qualified under
the provisions of this act to hold the office of county superintendent, said



SOUTH DAKOTA SCHOOL LAWS



candidate shall within 5 days after heing notified of said statement being filed,
file with the county auditor full proof that he is qualified to hold said office,
and if he fails to do so, the name of said person shall not be placed upon
the official ballot as a candidate by the county auditor.

§ 23. Qualification] The county superintendent shall qualify on or before
the first Tuesday in January of the year following the one in which he is
elected, by taking the proper oath of office and executing a bond in the sum
of five hunderd dollars with two or more sureties to be approved by the board
of county commissioners. The oath shall be subscribed upon the back of the
bond, which shall be filed with the county auditor. The sureties of such bond
shall be bound jointly and severally, and upon it an action or actions may
be maintained by the board of county commissioners for the benefit of the
district or person or fund injured by the conditions thereof.

§ 24. Vacancy] When Che office of county superintendent shall become
vacant by death, resignation, removal or otherwise, the county board of com-
missioners shall fill the vacancy by appointment, and the person so appointed
shall hold his office until the election of county officers.

§ 25. Deputy County Superintendent] In counties having more than sev-
enty-five schools the county superintendent shall have power to appoint one
deputy, who shall receive such compensation as the county commissioners may
provide.

§ 26. Prohibition from Holding Other Offices] The county superintend-
ent shall not hold the office of county commissioner or school district officer.

§ 27. Salary] The county superintendent shall receive a salary payable
monthly and to be determined as follows: By the value of the property in
their respective counties as fixed by the state board of equalization for the
preceding year, and by the population of their respective counties.

He shall be entitled to receive one mill on each dollar of the first one
hundred thousand dollars, and three-eighths of one mill on each dollar from
one hundred thousand dollars to six hundred thousand dollars, and one-fourth
of one mill on each dollar from six hundred thousand dollars to one million,
one hundred thousand dollars; and one-tenth of one mill on each dollar from
one million, one hundred thousand dollars to two million, six hundred thousand
dollars; and one-twentieth of one mill on each dollar on all sums above two
million, six hundred thousand dollars. And in addition to the above named
sum he shall receive for the first one thousand inhabitants within his county
the sum of seventy-five dollars, for each additional one thousand inhabitants
within the county, or major fraction thereof, he shall receive fifty dollars;

Provided, that he shall not receive more than fifteen hundred in any county
nor any other compensation, except as provided in section 52.

Provided further, that in counties having an assessed valuation of less
than three hundred thousand dollars, the salary shall not exceed two hundred
dollars.

§ 28. Penalty] The county superintendent shall sign his name in the
attendance register of each school he visits, showing the date thereof; and
he shall carry a record book of such visits, which book shall be signed by the
teacher of the school visited by him, and such book shall be filed with the
county auditor along with the bill of such superintendent's salary for the last
month of the calendar year; and it shall be the duty of the county commission-
ers to deduct from the salary of such superintendent for such last month ten
dollars for each and every school in the county under the direct supervision
of such superintendent and not visited by him within such calendar year.

§ 29. Traveling Expenses] The county superintendent of schools shall
receive five cents per mile each way for every mile necessarily traveled in
attending such meeting of county superintendents as may be convened by the
state superintendent at any time.

Provided, that the county superintendent of schools shall receive five cents



SOUTH DAKOTA SCHOOL LAWS



per mile each way for every mile necessarily traveled in attending such meet-
ing of county superintendents as may be convened by the state superintendent
at any time.

Provided, that the county superintendent shall be reimbursed by the
county for their necessary traveling expenses incurred in visiting schools or
attending teachers' meetings within the county at the rate of five cents per
mile for each mile actually and necessarily traveled. The county superintend-
ent shall make and furnish quarterly to the county commissioners an itemized
statement of said expenses subscribed and sworn to, which claims shall be
audited and ordered paid by the board of county commissioners as are other
claims against the county; the total of such sums allowed a county superin-
tendent in any one year shall not exceed two hundred ($200.00) dollars.

Provided that the mileage and traveling expenses herein provided for
shall not be regarded as compensation.

§ 30. Provide Office] The county superintendent may provide at the
county seat a suitable office for the transaction of business, when not provided
by the board of county commissioners, and they shall allow accounts for all
necessary expenditures for the use and furnishing of said office and for neces-
sary stationery and printing. All books and pamphlets, circulars of informa-
tion and other publications from the bureau of information of the United
States, and all official publications of this state and other public documents
and books relating to education, officially received by him, shall be deemed
public property and shall be kept in his office, and, with other public property
and records, delivered to his successor. He shall furnish the board of county
commissioners such statistics relating to the schools of the county and the
officers thereof as they shall desire, and as shall enable them to perform their
duties correctly.

§ 31. Duties of County Superintendent] The county superintendent of
schools shall be charged with the general supervision of the schools of his
county. In towns having less than one thousand inhabitants he shall have
authority of direct supervision.

§ 32. He shall visit each school in his county as frequently as possible,
at least once each school year, correcting any deficiency that may exist in
the government of the school, in the classification of the pupils, or in the
methods of instruction in the several branches taught; make such suggestions
as he shall deem proper and necessary for the welfare of the school; note
the character and condition of the school house, furniture, apparatus and
grounds, making such suggestions to the district officers as will in his opinion
improve the same. In case of flagrant or willful neglect on the part of the
school board to make the necessary repairs for the school or to correct un-
sanitary conditions or provide suitable water closets according to section 109
of the article relating to powers and duties of the district school board within
thirty days after written notice he shall have power to order such repairs and
changes as he may deem necessary and the school district shall pay expenses
thus incurred from the district treasury not to exceed $50.00 in any one year.

§ 33. He shall keep a complete record of his official acts.

§ 34. He shall keep a record of the name, age and postoffice address of
each candidate for a certificate to teach, standing in each study, and the grade,
date of issue and expiration of each certificate granted. He shall keep on file
the papers of applicants for special certificates, at least for the periods for
which a certificate is granted.

§ 35. He shall keep a register of the teachers employed in his county,
giving the name of teachers, district in which employed, date of opening and
closing terms, salary per month, grade of certificate and date of superintend-
ent's visits.

§ 36. He shall keep a record of all apportionments of the state and county
school funds, and such other statistical records as shall be required in making
reports to the superintendent of public instruction. In addition to his annual



SOUTH DAKOTA SCHOOL LAWS



report he shall, whenever called upon by the superintendent of public instruc-
tion, make such special reports as may be required.

§ 37. The county superintendent of schools shall encourage teachers' in-
stitutes and associations, and shall labor in every practicable way to elevate
the standard of teaching, urge the continual employment of successful and ef-
ficient teachers, and prevent by all proper means, the employment of those
who are incompetent and inefficient and seek to make the employment of all
teachers a responsible public duty, for the public advantage only, and free
from favor and sectarian interest.

§ 38. It shall be the duty of the county superintendent to hold district


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Online LibrarySouth DakotaCompiled school laws of the state of South Dakota and constitutional provisions. Latest revision → online text (page 1 of 11)