Do you hear that?
It doesn’t matter what sound we’re talking about. The fact that you can possibly say “yes” at all to that question is a sign the students are gone and summer is upon us in South Dakota. While it may be quieter in your building, there is no rest for the weary as you now try to get to that pile of papers on your desk labeled “Future Self’s Problem.”
We know how large that pile can get, so hopefully this post can help alleviate some small concern regarding one summer activity for administrators: the annual July meeting. In South Dakota, state law defaults a school board’s annual meeting to the second Monday in July. While there are a few things required of boards at these meetings, there are many other action items that lend themselves well to discussion at this meeting.
So what formalities does South Dakota law require of boards at the annual meeting? Fortunately, this list is actually quite small:
Seat newly-elected board members,
Elect a board president and a vice president,
Designate a depository and the custodians of all accounts, and;
Designate the legal newspaper to be used for publishing all official notices and proceedings.
New Members and Officers. South Dakota requires newly-elected board members to assume membership at the annual meeting in July. New members have to take an oath to support the laws of the Constitution and of the United States and to faithfully perform the duties of board membership. Once the new board is set, they must elect a president and vice-president for the year.
Newspaper Designation. At some point during the annual meeting, boards must designate an official newspaper. The newspaper must:
be printed in English,
contain at least four pages per issue,
have each page be at least 120 sq. in.,
have at least 200 paid subscribers,
not consist of mostly advertisements, and
maintain an office of publication for at least 8 hours a week (new requirement from the 2022 Legislative session.
If the paper has daily issues (either electronically or in print), it must be distributed at least five days a week. If it’s a weekly paper, it must be distributed at least weekly no less than 50 times a year.
Other Designations. While the legal newspaper designation may have the most boxes to check, the law requires boards to designate a bank as well. It’s also common for schools to designate those authorized to write checks, to act as administrators for federal programs, reauthorize membership in organizations such as ASBSD, and to name legal counsel for the district. Additionally, it is common for boards to set school board pay, appoint committees, and handle other yearly matters during the annual meeting.
Legal Counsel. Many boards designate the law firms(s) that they will work with during the next calendar year. While such action is not required by law, it does clarify a school’s intention to work with legal counsel and empower administrators to seek advice when it’s needed. There’s no requirement in South Dakota to name a single individual, or even a single firm, as legal counsel for the district. In many instances, it is preferable to have more than one firm named, especially when Title IX and special education issues arise.
Stay Cool! We hope this information will help you prepare for your annual meeting. If you have any questions about your July meeting, or if any other legal issues are keeping you from enjoying your summer, please don’t hesitate to reach out to Karen, Steve, Bobby, Coady, Jordan, Tyler or Sara!