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UNIVERSITY

OF CALIFORNIA

LOS ANGELES



SCHOOL OF LAW
LIBRARY



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School and TeacUar'a Dej



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THE CAPITAL SUPPLY COMPANY,

PIERRE, SOUTH DAKOTA

Is the headquarters for all kinds of supplies need-
ed by schools. If in need of anything for your
schools write them for quotations.

The following are some of the items that your
district may need and which are carried in stock
in the latest approved forms:

The Capital Teachers' Register — new form.$ 1.10

Clerks' Record Book 3.00

Treasurers' Record Book 3. 00

Clerks' Bond Record 1.00

Clerks' Warrant Book 1.00

Library Record 1.00

Free Text Book Record, 48-page book 1.25

96-page book 2.25

144-page book 3.00

Write for special circulars on blackboards,
pupils' and teachers' desks, maps and general
school supplies, stating your needs.

Address
THE CAPITAL SUPPLY COMPANY,

PIERRE, SOUTH DAKOTA
SIOUX CITY, IOWA



"Everything for Schools"



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THE






SCHOOL LAWS



OF



South Dakota



ANNOTATED EDITION



1919



Published By

THE CAPITAL SUPPLY COMPANY

Educational Publishers

Pierre, S. D., and Sioux City, la.



SD45s



^

*






Chapter 1.
Chapter 2.
Chapter 3.
Chapter 4.
Chapter 5.
Chapter 6.
Chapter 7.
Chapter 8.
Chapter 9.
Chapter 10.
Chapter 11.
Chapter 12.
Chapter 13.



PART 13.

EDUCATION

State Supervision.
County Supervision.
Common School Corporations.
Independent School Districts.
Consolidated Districts.
Township High Schools.
School Census.
School Bonds.
School Buildings.
Text Books.
Compulsory Education.
Teachers Reference Bureau.
Miscellaneous Provisions.



§ 7385.
§ 7386.



CHAPTER 1.
STATE SUPERVISION



Article 1. Superintendent of Public Instruction.

Article 2. Teachers Certificates.

Article 3. State Board of Education.

Article 4. Reading Circle Board.



ARTICLE 1.
SUPERINTENDENT OF PUBLIC INSTRUCTION



General Supervision
Duties.



§ 7387. Powers.

§ 7388. Office, Files.



§ 7385. General Supervision. The superintendent of public in-
struction shall have general supervision of all public school and of county
superintendents of schools and superintendents of schools in independent
districts.

Source: § 1, Ch. 135, 1907.

§ 7386.. Duties. It shall be the duty of the superintendent of public
instruction:

1. To meet the county superintendents in convention at least once
each year, at some suitable point chosen by him, and endeavor through
discussion and explanation to secure and maintain a uniform and efficient
administration of the school laws.

2. To inspect all high schools, either in person or through an assist-
ant, and in his discretion to credit them to higher institutions of learning.

3. To render a written opinion touching the construction or admin-
istration of the school law to any county superintendent demanding it, and
to determine all cases relating to the revocation of certificates by county
superintendents that shall be appealed to him.



306242



4. To determine the form of all blanks used in transacting the
business of the public schools, and to furnish such blanks as may be re-
quired for conducting business between his department and county su-
perintendents and superintendents in independent 'districts.

5. To submit a biennial report to the governor, showing in condensed
form the condition and needs of the public schools and the working of the
educational system throughout the state. Such report shall be made and
filed in duplicate on the first day of July, or as soon thereafter as possible,
and not later than the first day of November preceding the regular ses-
sion of the legislature.

6. To attend teachers' normal institutes in the several counties of
the state so far as is consistent with his other duties, to assist, by all
means in his power, the county superintendents in the work of the county
normal institutes and to prescribe rules and regulations for holding such
institutes. He may, if he deems proper, employ lecturers and instructors
to assist in the work of the county normal institutes, who may be paid
from the moneys in the State Institute Fund.

Source: Chap. 175, S. L. 1919,

7. To prescribe the qualifications for institute conductors and shall
on or before the first day of March prepare a list of the same from which
list county superintendents shall engage conductors for their several insti-
tutes. He may also prescribe qualifications for other institute instructors.

Source: Chap. 175, S. L.. 1919,

8. To call a meeting of county institute conductors on or before the
first day of May of each year for the purpose of discussing methods rela-
tive to teaching and of outlining plans for institute work.

Source: Chap. 175, S. L. 1919.

9. To hold, at least twice each year, at such times and places as he
shall select with a view to the accommodation of the applicants, a public
examination of persons applying for state certificates or life diplomas.

10. To prepare all questions for the examination of teachers by the
county superintendents, which shall be used exclusively in all examinations.

11. To keep a full record of all certificates issued by him and file in
his office and preserve all papers relating thereto for the period for which
such certificates are respectively issued.

Source: §§ 2-12, Ch. 135, 107; § 1, Ch. 291.
Ch. 140, 1909; § 1, Ch. 290, 1909; § 12,

§ 7387. Powers. The superintendent of public instruction shall
have power:

1. To appoint a deputy who shall perform such duties pertaining to
the office as the superintendent may direct.

§ 7388. Office, Files. The superintendent of public instruction shall
have an office at the seat of government, provided by the state, in which
he shall file all papers, reports and public documents transmitted to him
by the county superintendents and hold the same subject to inspection by
the governor or legislature, and keep a record of all matters pertaining to
his office and carefully preserve and catalogue all books presented, to his
office, which library so formed shall be open to the teachers of the state
for reference and examination.
Source: § 18, Chap. 135, 1907.



ARTICLE 2.
TEACHERS CERTIFICATES



§ 1. Life Professional Diploma. Life Diplomas, State Certifi-
cates and Vocational Certificates. The Superintendent of Public Instruc-
tion may issue four professional certificates: A Life Professional Diploma,
A Life Diploma, A State Certificate, and a Vocational Certificate, as here-
inafter provided.

He shall, semi-annually, send to each county superintendent a list of
the persons to whom teachers' certificates are issued.

Provided that from and after September 1st, 1921, every applicant
for Life Diploma, by examination or otherwise, must present evidence of
having attended an approved normal school or educational department of
an approved college or university twenty-four weeks in the aggregate.

Provided further, that from and after September 1st, 1920, every
applicant for State Certificate, by examination or otherwise, must pre-
sent evidence of having attended an approved normal school or educa-
tional department of an approved college or university eighteen weeks
in the aggregate.

Provided further, that satisfactory evidence of five years successful
experience as teacher, of having been engaged in other educational work,
an equal period of time, may be accepted by the Superintendent of Public
Instruction in lieu of such attendance at a normal school or approved
college or university.

Provided further, that the Superintendent of Public Instruction may
issue Vocational Certificates to teachers engaged exclusively in teaching
manual training, domestic science, agriculture, music, drawing, commer-
cial subjects, penmanship, kindergarten methods, or art.

Provided further, that the conditions upon which the Vocational Cer-
tificates are granted shall be uniform for any particular subject and shall
be prescribed and published by the Superintendent of Public Instruction.
Any Vocational Certificate as herein provided, shall be valid in any school
in the state for the subjects named thereon, and no other, for a term of
five years.

§ 2. A Life Professional Diploma shall be valid during good
behavior and shall authorize the holder thereof to teach in any public
school in the State. Applicants for this diploma shall show evidence of
graduation from the State University of South Dakota or from any ap-
proved University or College having a regular course of study in which
at least four (4) years' work above an approved four years high school
course is required. Provided that such applicants shall in their college
course have pursued a course of pedagogical studies and professional train-
ing comprising at least one fourth work during at least eighteen months.

Applicants for this diploma must show satisfactory evidence of at
least seventy-two (72) months successful experience in teaching, thirty-
six (36) months of which must have been within the State of South
Dakota, and they shall also show evidence of good moral character.

Provided further, that the Superintendent of Public Instruction may
issue to applicants who meet all the requirements for the Life Profes-
sional Diploma, but who lack the necessary teaching experience, a Pro-
visional Diploma for such probationary period as may be necessary.

Provided further, that the Superintendent of Public Instruction may
prescribe such other rules and regulations regarding the issuance of this
diploma as he may deem necessary.

§ 3. Life Diploma. A Life Diploma shall be valid during good be-
havior and shall authorize the holder thereof to teach in any public school



of the state in grades below the high school and shall also authorize
the holder to teach the subjects given in the first year of the high school
course. Applicants shall, by examination or otherwise show satisfactory
proficiency in the following branches: reading, orthography, penmanship,
arithmetic, grammar and composition, geography, United States history,
South Dakota history, civics, physiology and hygiene, drawing and physical
geography, and shall pass a satisfactory examination in the following sub-
jects of the pre-college grade: physics, algebra, geometry, general history,
English and American literature; and in addition shall pass an examination
in the following subjects of the college grade: English language and rhe-
toric, pedagogy including principles, methods, management, psychology,
and history of education, either economics or sociology, and any two of the
following: botany, zoology physics, physiology, chemistry, Latin, French
Spanish, German, geology and mineralogy, astronomy, algebra, and trigon-
ometry.

Provided, further, that a diploma from any state normal school hav-
ing 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 or educational institution, having 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 pre-
sent evidence of at least forty (40) months' successful experience in teach-
ing and satisfactory evidence of good moral character.

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

§ 4. State Certificate. A State Certificate shall authorize the
person to whom it is issued to teach in any of the public school of the
state in grades below the high school and shall also authorize the holder
to teach the subjects given in the first year of the high school course, and
such Certificate shall be valid for a period of five years. Applicants for
such State Certificates shall, by examination, or otherwise, show satisfactory
proficiency in orthography, reading, penmanship, arithmetic, geography,
English Grammar, physiology, and hygiene, United State history including
South Dakota history, and shall pass a satisfactory examination in civil
government , American literature, drawing, algebra, plane geometry, physi-
cal geography, physics or botany, general history, pedagogy and English
language, composition and rhetoric. He must also present evidence of
twenty-four months' successful experience in teaching.

Provided, that a diploma from any state normal school of South Da-
kota, 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 examination in the subjects named.

Provided further, that a diploma from any other school having a
course of study equivalent in extent and similar in character may be ac-
cepted in lieu of an examination in the subjects named.

Provided further, that applicant for the State Certificate, upon nor-
mal or other school credentials, must show that the course of study pur-
sued 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 present their credentials to the Superintendent of Public
Instruction in the same manner as is provided for applicants for Life
Diplomas. 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 issue to such applicant



a Provisional Certificate for such probationary period. Every applicant
for State Certificate shall submit satisfactory evidence of a good moral
character.

§ 5. Provided, that until September the first, 1922 the Super-
intendent of Public Instruction may authorize the use of Life Diploma and
State Certificates in such high schools as he may designate.

§ 6. First Grade Certificates. A First Grade Certificate shall
be valid for not to exceed three years in any county of the state, in all
branches covered by such certificate. Applicants for certificates of this
grade shall pass an examination in orthography, reading writing, arithmetic,
geography, English grammar, physiology and hygiene, with special reference
to the effects of alcoholic drinks, stimulants and narcotics upon the human
system, history of the United States, civil government, current events,
American literature, South Dakota history, drawing and didactics: Pro-
vided, that a diploma from any state normal school or any school of
South Dakota having a normal department approved by the Superintend-
ent of Public Instruction, having a course of study in which at least two
years work beyond the first two years in an approved four year high
school course is required, and which shall include professional instruction
and practice in teaching equal to one class hour daily for two years, may
be accepted by the Superintendent of Public Instruction in lieu of an exam-
ination for a First Grade Certificate: Provided, further, that from and
after the first day of September, 1920, every applicant for a First Grade
Certificate, by examination or otherwise, must present evidence of having
attended an approved normal school or some other school approved by
the Superintendent of Public Instruction twelve weeks in the aggregate;
except that satisfactory evidence of three years successful experience as
a teacher, or having been engaged in other educational work an equal period
of time, may be accepted by the Superintendent of Public Instruction in
lieu of such attendance at a normal school or approved college or uni-
versity.

§ 7. Second Grade Certificates. A Second Grade Certificate
shall be valid for not to exceed two years in all grades below the high
school in the county in which the examination is held, and may similarly
be made valid in any county by the indorsement of the county superin-
tendent of the county. Applicants for certificates of this grade shall pass
examination in orthography, reading, writing, arithmetic, physiology and
hygiene, with special reference to the effect of alcoholic drinks, stimulants
and narcotics upon the human system, geography, English grammar, his-
tory of the United States, civil government, South Dakota history, didac-
tics and drawing: Provided, that a diploma from any slate normal school
or any school having a normal department approved by the Superintend-
ent of Public Instruction, and a course of study in which at least two
years work beyond the approved eighth grade course in the public schools
of South Dakota is required, and which shall include professional instruc-
tion and practice in teaching equal to one hour a week for two years, may
be accepted by the Superintendent of Public Instruction in lieu of an
examination for a second grade certificate; provided further, that from
and after the first day of September, 1920, every applicant for a second
grade certificate, by examination or otherwise, must present evidence of
having attended an approved normal school, or some other school having
a normal department approved by the Superintendent of Public Instruc-
tion six weeks in the aggregate; except that satisfactory evidence of two
years successful experience as a teacher may be accepted by the Superin-
tendent of Public Instruction in lieu of such attendance at such approved
schools.

Provided, that a diploma from an accredited four year high school
maintaining a normal department approved by the Superintendent of
Public Instruction and a course of study in which shall include professional



instruction in pedagogy, including methods, principles of education, and
echool management and practice in teaching, may be accepted in lieu of an
examination for a second grade certificate.

§ 8. Third Grade Certificates. A third grade certificate valid
for not to exceed one year, in grades below the high school only, in the
county where issued and in such district as the county superintendent
shall designate upon its face, and signed by the Superintendent of Public
Instruction and county superintendent, may be issued in the discretion of
the Superintendent of Public Instruction to those candidates who have
failed in their examination to measure up to the requirements of the
department for the second grade certificate. No teacher shall be entitled
to receive more than two third grade certificates: Provided, that from
and after the first day of September, 1920, every applicant for a third
grade certificate, by examination or otherwise, must present evidence of
having attended an approved normal school or some other school having
a normal department, approved by the Superintendent of Public Instruc-
tion, six weeks in the aggegate; except, that satisfactory evidence of
two years successful experience as a teacher may be accepted by the
Superintendent of Public Instruction in lieu of attendance at such ap-
proved school.

§ 9. Primary Certificates. A primary Teacher's Certificate shall
authorize the holder thereof to teach in kindergarten and first and sec-
ond grades only in cities and towns, and shall be issued on examination
in the following branches: Reading, writing, orthography, arithemtic,
physiology and hygiene, with special reference to the effects of alcoholic
drinks, stimulants and narcotics upon the human system, geography, Eng-
lish grammar, history of the United States, South Dakota history, draw-
ing, didactics, and in questions in kindergarten and primary methods.
The primary teacher's certificate shall be valid for not to exceed five years
in the county where issued and may be made valid in other counties by
the indorsement of the county superintendent. Provided, that from and
after the first day of September, 1920, every applicant, for a primary
cerificate, by examination or otherwise, must present evidence of having
attended an approved normal school eighteen weeks in the aggregate;
except, that satisfactory evidence of five years successful experience as a
teacher, or having been engaged in other educational work an equal period
of time, may be accepted by the Superintendent of Public Instruction in
lieu of such attendance at an approved normal school.

§ 10. Required Course of Study. The course of study pursued
by every applicant for a first, second, third or primary grade certificate
shall include all the branches of study required in the examination for
such certificates.

§ 11. Contents of Certificates. Each first, second, third, and
primary grade certificate shall certify the scholastic and professional at-
tainments, skill in teaching and moral character of the person to whom
it is issued. Written answers for the scholastic examination shall be read
and marked under the direction of the Superintendent of Public Instruc-
ton; the marking for the professional requirements shall be given by the
county superintendent, who shall also be the judge of skill in teaching
and moral character.

§ 12. Regulations for Holding Examination. The regulations
for holding examinations by the county superintendent in each county,
and the required standards upon which the various certificates shall be
issued, shall be prescribed by the Superintendent of Public Instruction:
Provided, that no person shall be entitled to a certificate of any grade
who has not attained to the age of eighteen years and who does not pre-
sent evidence of good moral character.

§ 13. Time of Examination. The time for regular examina-
tions shall be uniform throughout the state and the examinations shall be



conducted by the county superintendent in each county, or by persons
appointed by him, strictly according to regulations prescribed by the
Superintendent of Public Instruction. An affidavit may be required of
such examiner, certifying that the regulations regarding such examina-
tions have been fully observed. Such public notice shall be given of
the time, place and regulations governing the examination as the Superin-
tendent of Public Instruction may determine. The local expense for the
examinations herein provided for in each county shall be paid by the
county in which such examinations are held. The necessary expenses in-
curred by the Superintendent of Public Instruction in carrying out the
provisions of this chapter shall be paid from the appropriation made for
the maintenance of the Department of Public Instruction.

§ 14. Teacher Receive Pay During Examination. The regular
examinations shall be public and the teachers desiring to take the same
may dismiss their schools for that purpose for a period not exceeding
three days in each year, without loss of pay.

§ 15. Teaching Without Certificate Prohibited. Except in

independent districts having more than ten thousand population, no person
shall be allowed to teach in any of the public schools of this state nor
draw wages as a public school teacher who is not the holder of a valid
teacher's certificate issued pursuant to the provisions of this article.

§ 16. Renewal and Validation of Certificates. The Superin-
tendent of Public Instruction may renew a Vocational Certificate, A State
Certificate, A First Grade Certificate and a Primary Certificate upon the
presentation by the applicant of satisfactory evidence of continued and
successful experience as a teacher and satisfactory evidence of continued
professional interest during the life of the Certificate.

Provided, that a certificate which is permitted to lapse for more
than one year shall be renewed only when the holder has complied with
such requirements as shall be prescribed by the Superintendent of Public
Instruction for the re-instatement of such certificate.

Provided further, that a certificate shall cease to be in force when
the holder has ceased to teach for three or more consecutive years, but
that this provision shall not apply to Life Professional Diplomas and Life
Diplomas when the holder has pursued the regular course of Reading
Circle work or such other work as may be prescribed by the Superintend-
ent of Public Instruction.

The Superintendent of Public Instruction may validate certificates
issued by other state departments of the United States of the rank of the
Life Professional Diploma, Life Diploma, State Certificate, Vocational
Certificate, First Grade, Second Grade or Primary Certificate in this
state, provided that the requirements upon which they are issued are


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Online LibrarySouth DakotaThe school laws of South Dakota → online text (page 1 of 14)