South Dakota
SDCL § 13-6-63
SOUTH DAKOTA CODIFIED LAWS
TITLE 13. EDUCATION
CHAPTER 13-6. SCHOOL DISTRICT REORGANIZATION
§ 13-6-63 Election and terms of members of new board -- Residence requirements.
The county auditor shall cause the school board members to be elected for terms of office as provided by statute. The residency requirements of school board members shall be as provided in chapter 13-8.
SDCL § 13-6-67
§ 13-6-67 Dissolution of district after transfer of total area by reorganization -- Expiration of terms of officers.
A school district whose total area has been transferred to another school district or districts by reorganization is dissolved at the time the new district or districts take effect. The terms of the dissolved district's officers expire when the newly elected school officers assume their offices and all duties directed by the board of county commissioners have been performed. If former school board members of a district, eliminated by reorganization, are required by the board of county commissioners to perform duties as provided in S 13-6-77, the reorganized district or districts shall pay those board members in the same manner and at the same time rate as regular school board members.
SDCL § 13-6-75
§ 13-6-75 Filling of vacancies on school board created by transfer of territory to another district.
If a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by an election conducted by the school board and held prior to the first Monday in May as provided in S 13-6-64. If less than a majority of the school board members reside in that portion of an existing school district which is transferred to another school district as a result of an election on a school district reorganization plan, these vacancies shall be filled by appointment by the remaining members of the board until the next regular school board election, and such appointments shall coincide with the time limits provided in § 13-6-64.
SDCL § 13-7-3
SOUTH DAKOTA CODIFIED LAWS
TITLE 13. EDUCATION
CHAPTER 13-7. SCHOOL DISTRICT ELECTIONS
§ 13-7-3 Public offices incompatible with board membership.
No elective county, municipal or state officer or the holder of any other office, the duties of which are incompatible or inconsistent with the duties of a school board member, shall be eligible for such membership.
SDCL § 13-8-2
SOUTH DAKOTA CODIFIED LAWS
TITLE 13. EDUCATION
CHAPTER 13-8. SCHOOL BOARDS AND SCHOOL DISTRICT OFFICERS
§ 13-8-2 Composition and terms of office of school board members.
There shall be a school board consisting of five, seven, or nine members whose terms shall be from one to three years initially, and three years thereafter; provided that each school board member shall be entitled to complete the term of office to which he was elected.
SDCL § 13-8-3
§ 13-8-3 Petition and election to increase size of district board or to establish school board representation areas.
The voters of any school district may increase the number of board members to seven or to nine, or establish school board representation areas, by a majority vote of all voters voting at an election called and held as hereinafter provided. If a petition signed by ten percent of the registered voters of any school district, based upon the total number of registered voters at the last preceding general election, is presented to the board requesting that an election be called for the purpose of voting upon the question of the change of number of board members, or the establishment of school board representation areas, the board shall call an election. The question shall be submitted to the voters at an election to be held not less than forty-five nor more than sixty days from the date of the filing of such petition with the business manager. If such a petition is filed less than one hundred twenty days prior to the next annual election, the question shall be submitted at the annual election. Such election shall be held upon the same notice and conducted in the same manner as provided by chapter 13-7. Any increase or decrease in the number of board members shall be implemented at the next succeeding annual election.
SDCL § 13-8-4
§ 13-8-4 Elections and terms of office after increase in size of school board -- Reduction in size of board.
If at an election held pursuant to § 13-8-3 an increase in the number of board members is authorized, the school board is empowered to designate the number of vacancies and the number of years, not to exceed three years, in each vacancy so that all succeeding annual elections will have, insofar as practicable, the same number of vacancies to be filled.
The procedure for decreasing the number of board members shall be the same as for increasing the number of board members, and the board is similarly empowered to designate the vacancies and terms not to exceed three years; provided, that each school board member shall be entitled to complete the term of office to which he was elected.
SDCL § 13-8-7
§ 13-8-7 Application at elections of rural representation requirement.
If at the time of election or vacancy the required number of school board members from the unincorporated area are holdovers for at least another year, the position to be filled by election may be filled by any voter who has residence within the district. If the required number of board members from the unincorporated area are not holdovers, as many positions to make the required number shall be filled only by voters who have residence within the unincorporated area.
SDCL § 13-8-7.1
§ 13-8-7.1 School board member representation areas -- Establishment -- Election of board members.
Any school board may establish school board member representation areas, or the electors of any school district may also establish school board representation areas by a majority vote of all electors voting at an election called and held as set forth in §§ 13-8-3 to 13-8-5, inclusive. The representation areas, if established, shall become effective January first of the following year. Each representation area shall include a population with a variance of not more than five percent and shall be reapportioned at least once every ten years. The number of representation areas shall be the same as the number of board members. If so established, the representation areas supersede the provisions of § 13-8-7 with regard to representation from the incorporated and nonincorporated areas. If board member representation areas are established, the school board member candidate shall be a resident voter and reside within the representation area to qualify. Before the school board member representation areas are established, the entity responsible for establishing the school board member representation areas shall state whether the board members will be elected at large or elected by the voters who reside within the representation area.
Any current board members shall serve the balance of their term. At the time of an election or vacancy, board members shall be elected or appointed in order that each representation area shall have a resident board member.
SDCL S 13-8-16
§ 13-8-16 Failure of member to qualify.
Failure of any school board member-elect or appointee to qualify as specified in §§ 13-8-14 and 13-8-15 shall constitute a vacancy which may be filled by appointment.
SDCL § 13-8-25
§ 13-8-25 Appointments to fill vacancies on school board -- Qualification and term of appointee.
Any vacancy occurring on a school board shall be filled by appointment by the remaining school board members.
The appointee shall qualify as if elected at or before the next school board meeting, and serve until the next succeeding election at which time a successor shall be elected to serve the unexpired term.
SDCL § 13-8-37
§ 13-8-37 Compensation of board members.
Each member of a local school board may receive the same per diem per meeting as is authorized for the members of the South Dakota board of education, pursuant to S 4-7-10.4. The per diem may be paid for each meeting actually attended by such member and also for each day a member was actually engaged in the service of the board when authorized by the board.
SDCL § 13-8-38
§ 13-8-38 Travel allowance of school board members.
In addition to per diem as provided in S 13-8-37, all school board members may receive the travel allowance authorized by the rules adopted by the state board of finance.