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26.879.9 101st Legislative Session 158
2026 South Dakota Legislature
Senate Bill 158
Introduced by: Senator Duhamel
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An Act to amend the manner in which a school district determines the district's 1
enrollment for the purpose of calculating state aid to general education. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 13-13-1.2 be AMENDED: 4
13-13-1.2. Any records related to the reporting of fall enrollment or spring 5
enrollment of a public school district shall must be subject to examination by the 6
Department of Education at all times. 7
Section 2. That § 13-13-10.1 be AMENDED: 8
13-13-10.1. The education funding terms and procedures referenced in this 9
chapter are defined as follows: 10
(1) Nonresident students who are in the care and custody of the Department of Social 11
Services, the Unified Judicial System, the Department of Corrections, or other state 12
agencies and are attending a public school may be included in the fall annual 13
enrollment of the receiving district when enrolled in the receiving district; 14
(2) "Fall enrollment," is calculated as follows: 15
(a) Determine the number of kindergarten through twelfth grade students 16
enrolled in all schools operated by the school district on the last Friday of 17
September of the current school year; 18
(b) Subtract the number of students for whom the district receives tuition 19
except for: 20
(i) Nonresident students who are in the care and custody of a state 21
agency and are attending a public school district; and 22
(ii) Students who are being provided an education pursuant to § 13-28-23
11; and 24
(c) Add the number of students for whom the district pays tuition. 25
26.879.9 2 158
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When computing state aid to education for a school district pursuant to § 13-13-73, the 1
secretary of the Department of Education shall use the school district's fall 2
enrollment; 3
(2) "Fall enrollment," the number of students enrolled in a school district on the last 4
Friday of September, as determined by: 5
(a) Adding the number of students in all grades from kindergarten through 6
twelve, enrolled in all schools operated by a school district on the last Friday 7
of September, to the number of students for whom the district pays tuition; 8
and 9
(b) Subtracting from the sum of subsection (a), the number of students for 10
whom the district receives tuition, provided that the number does not 11
include any nonresident student or student who is receiving education 12
pursuant to § 13-28-11; 13
(3) "Spring enrollment," the number of students enrolled in a school district on the 14
second Friday of January, as determined by: 15
(a) Adding the number of students in all grades from kindergarten through 16
twelve, enrolled in all schools operated by a school district on the second 17
Friday of January, to the number of students for whom the district pays 18
tuition; and 19
(b) Subtracting from the sum of subsection (a), the number of students for 20
whom the district receives tuition, provided that the number does not 21
include any nonresident student or student who is receiving education 22
pursuant to § 13-28-11; 23
(4) "Annual enrollment," the greater of the fall and spring enrollments; 24
(5) "Target teacher ratio factor," is: 25
(a) For school districts with a fall an annual enrollment of two hundred or less 26
students or fewer, the target teacher ratio factor is 12; 27
(b) For districts with a fall an annual enrollment of greater more than two 28
hundred students, but less fewer than six hundred students, the target 29
teacher ratio factor is calculated as follows: 30
(i) Multiplying the fall annual enrollment by .00750; and 31
(ii) Adding 10.50 to the resulting product; and 32
(c) For districts with a fall an annual enrollment of at least six hundred or 33
greater students, the target teacher ratio factor is 15. 34
26.879.9 3 158
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The fall annual enrollment used for the determination of the target teacher ratio for a 1
school district may not include any students residing in a residential treatment 2
facility when the education program is operated by the school district; 3
(4)(6) "English learner (EL) adjustment," is calculated by multiplying 0.25 times the 4
number of kindergarten -through-twelfth-grade students who, in the prior school 5
year, scored below level four on the state -administered language proficiency 6
assessment as required in the state's consolidated state application pursuant to 7
§ 1111(b)(2)(G) of the Every Student Succeeds Act of 2015; 8
(5)(7) "Index factor," is the annual percentage change in the consumer price index for 9
urban wage earners and clerical workers as computed by the Bureau of Labor 10
Statistics of the United States Department of Labor for the year before the year 11
immediately preceding the year of adjustment or three percent, whichever is less; 12
(6)(8) "Target teacher salary," for the school fiscal year beginning July 1, 2025, is 13
$62,821.19. Each school fiscal year thereafter, the target teacher salary is the 14
previous fiscal year's target teacher salary increased by the index factor; 15
(7)(9) "Target teacher benefits," is the target teacher salary multiplied by twenty -nine 16
percent; 17
(8)(10) "Target teacher compensation," is the sum of the target teacher salary and the 18
target teacher benefits; 19
(9)(11) "Overhead rate," is thirty -eight and seventy -eight-hundredths percent. 20
Beginning in school fiscal year 2018, the overhead rate must be adjusted to take 21
into account the sum of the amounts that districts exceed the other revenue base 22
amount; 23
(10)(12) "Local need," is calculated as follows: 24
(a) Divide the fall enrollment annual enrollment by the target teacher ratio 25
factor; 26
(b) If applicable, divide the English Learner adjustment pursuant to subdivision 27
(4) by the target teacher ratio factor; 28
(c) Add the results of subsections (a) and (b); 29
(d) Multiply the result of subsection (c) by the target teacher compensation; 30
(e) Multiply the product of subsection (d) by the overhead rate; 31
(f) Add the products of subsections (d) and (e) and subdivision (20); 32
(g) When calculating local need at the statewide level, include the amounts set 33
aside for costs related to technology in schools and statewide student 34
assessments; 35
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(h) When calculating local need at the statewide level, include the amounts set 1
aside for sparse school district benefits, calculated pursuant to §§ 13-13-2
78 and 13-13-79; and 3
(i) When calculating local need at the statewide level, include the amounts set 4
aside for career and technical education calculated pursuant to §§ 13-13-5
81 and 13-13-82; 6
(11)(13) "Alternative per student need," is calculated as follows: 7
(a) Add the total need for each school district for school fiscal year 2016, 8
including the small school adjustment and the English learner adjustment, 9
to the lesser of the amount of funds apportioned to each school district in 10
the year preceding the most recently completed school fiscal year or school 11
fiscal year 2015 pursuant to §§ 10-33-24, 10-35-21, 10-36-10, 10-43-77, 12
11-7-73, 13-13-4, and 23A-27-25; and 13
(b) Divide the result of (a) by the September 2015 fall enrollment, excluding 14
any adjustments based on prior year student counts; 15
(12)(14) "Alternative local need," may only be used by a school district created or 16
reorganized before July 1, 2016, and is the alternative per student need multiplied 17
by the fall annual enrollment, excluding any adjustments based on prior year 18
student counts; 19
(13)(15) "Local effort," the amount of ad valorem taxes generated in a school fiscal year 20
by applying the levies established pursuant to § 10-12-42. Beginning on July 1, 21
2017, local effort includes the amount of funds apportioned to each school district 22
in the year preceding the most recently completed school fiscal year pursuant to 23
§§ 10-33-24, 10-35-21 as provided by subdivision (15), 10-36-10, 10-43-77, 11-24
7-73, 13-13-4, and 23A-27-25 and that exceeds the other revenue base amount; 25
(14)(16) "Other revenue base amount," is zero; 26
(15)(17) "Wind energy tax revenue," any wind energy tax revenue apportioned to school 27
districts pursuant to § 10-35-21 from a wind farm producing power for the first 28
time before July 1, 2016, is considered local effort pursuant to subdivision (13) and 29
other revenue base amount pursuant to subdivision (14). However, for wind energy 30
tax revenue apportioned to a school district from a wind farm producing power for 31
the first time after June 30, 2016, one hundred percent must be retained by the 32
school district to which the tax revenue is apportioned for the first five years of 33
producing power, eighty percent for the sixth year, sixty percent for the seventh 34
year, forty percent for the eighth year, twenty percent for the ninth year, and zero 35
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percent thereafter. If a wind farm begins producing power for the first time 1
between October first and December thirty -first in a calendar year, any revenues 2
generated for that time period must be retained by the school district and that time 3
period may not be counted against the first five-year period; 4
(16)(18) "Per student equivalent," for funding calculations that are determined on a per 5
student basis, the per student equivalent is calculated as follows: 6
(a) Multiply the target teacher compensation times the sum of one plus the 7
overhead rate; and 8
(b) Divide subsection (a) by 15; 9
(17)(19) "Monthly cash balance," the total amount of money for each month in the 10
school district's general fund, calculated by adding all deposits made during the 11
month to the beginning cash balance and deducting all disbursements or payments 12
made during the month; 13
(18)(20) "General fund base percentage," is determined as follows: 14
(a) Forty percent for a school district with a fall enrollment as defined in 15
subdivision (2) an annual enrollment of two hundred students or less fewer; 16
(b) Thirty percent for a school district with fall enrollment as defined in 17
subdivision (2) of more an annual enrollment that is greater than two 18
hundred students, but less fewer than six hundred students; and 19
(c) Twenty-five percent for a school district with fall enrollment as defined in 20
subdivision (2) greater than or equal to an annual enrollment of at least six 21
hundred students. 22
When determining the general fund base percentage, the secretary of the 23
Department of Education shall use the lesser of the school district's fall enrollment 24
as defined in subdivision (2) for the current school year or the school district's fall 25
annual enrollment from the previous two years; 26
(19)(21) "Allowable general fund cash balance," the general fund base percentage 27
multiplied by the district's general fund expenditures in the previous school year; 28
and 29
(20)(22) "Alternative instruction participation adjustment," is calculated by multiplying 30
0.10 times the number of children who participated in the prior school year in high 31
school interscholastic activities sanctioned or sponsored by the South Dakota High 32
School Activities Association, as permitted by § 13-36-7, while receiving 33
alternative instruction pursuant to § 13-27-3, multiplied by the per student 34
equivalent defined in this section. 35