July in South Dakota means three things: county fairs, road construction, and — for school administrators — the legal equivalent of New Year's Day. The fiscal year flipped over on July 1, roughly 200 freshly minted laws just took effect (don’t worry - not all 200 apply to schools), and your board's annual meeting is barreling toward you.
Here at KSB, we take the "new fiscal year" thing personally, because before Sara Rogers joined us she spent five years as the business manager in Avon, South Dakota, living every July deadline on this list (including all the "other duties as assigned" that somehow always seem to land on the business manager's desk.) So when we say we feel your pain, we have receipts. (Fun bit of KSB trivia: Jordan Johnson, our resident Avon native and 6'3" connoisseur of fruity umbrella drinks, grew up in that same town — though he and Sara luckily missed each other at the school, which is the only reason certain grocery-store photos of young Jordan remain the stuff of legend.)
So what should you put on your July list?
1. Hold Your Annual Meeting
SDCL 13-8-10 sets your board's annual meeting for the second Monday of July, that's July 13 this year, unless your board picked a different date at its last regular meeting. This is the meeting where your board "reorganizes," which sounds dramatic but mostly means voting on the same agenda items year after year. Speaking of which...
2. Swear In Your New Board Members
Under SDCL 13-8-14 and 13-8-15, newly elected or appointed members take and sign an oath promising to support the U.S. and South Dakota Constitutions and faithfully do the job. A few practical notes:
One oath per person per term. No annual re-swearing required.
File board members' oaths with the business manager. The business manager's own oath goes to the county auditor. (We doubt very few do this!)
Don't forget the business manager's bond.
3. Elect a President and Vice President
SDCL 13-8-10 requires your board to elect a president and vice president from its own membership at the annual meeting, and those officers serve until the next annual meeting. Two tips from the trenches:
Run the election the way your policy says to run it. Check your board policy before the meeting, not while everyone stares at you mid-vote. (For KSB Policy Subscribers, that is Policy 2002.)
Plan for a tie. South Dakota law offers no tiebreaker for officer elections. If your policy is silent too, your options get awkward fast. Check your policy regarding this.
4. Name Your Depository and Custodian of Funds
Also at the annual meeting, your board designates the bank (or banks) that will hold district funds under SDCL 13-8-10 and 13-16-15, plus the custodian of all accounts — usually your business manager, who already carries the district's finances around in their head anyway. Before you rubber-stamp last year's bank, take two minutes to confirm your deposits are properly collateralized. The Department of Legislative Audit publishes pledged-collateral information, and "we just always used that bank" is not a defense.
While your board is talking about banks, don't forget this piece: if your district invests idle or excess funds, your board needs a resolution authorizing it. State law lets school districts invest surplus funds (SDCL 4-5-6), but the authority to actually do the investing runs through the board. Most districts handle this at the annual meeting by adopting a resolution empowering the business manager to invest and reinvest temporary excess funds, consistent with SDCL chapter 4-5 and the district's investment policy.
5. Designate Your Legal Newspaper
Your board must annually name the official newspaper that will publish your notices and minutes (SDCL 13-8-10 again — this statute really carries the whole meeting). Pick a legal newspaper that actually qualifies as one, and remember that your minutes have a publication deadline under SDCL 13-8-35. Your board's hot takes deserve timely print circulation.
One easy-to-miss formatting rule while you're thinking about publications: under SDCL 17-2-28, every legal notice, set of minutes, or bid your district publishes must carry an inscription stating the approximate cost of publication and noting that the notice can be viewed for free on the statewide public notice website maintained under SDCL 17-2-1. In practice that means language along the lines of:
Published on _______ and , 2026, in the _____________ at an approximate cost of $_ per publication. This notice may be viewed free of charge on the statewide public notice website maintained pursuant to SDCL § 17-2-1.
6. Set Your Regular Meeting Schedule
Regular meetings default to the second Monday of each month unless your board designates otherwise at the annual meeting. If Monday nights conflict with harvest, ballgames, or your superintendent's bowling league, July is your clean shot to move them. While you're at it, remember the open-meetings basics: post that agenda at least 24 hours ahead (SDCL 1-25-1.1).
7. Conduct Your Annual Open Meetings Review — On the Record
Here's the newer kid on the July agenda. SDCL 1-25-13 requires every public body that posts meeting notices under SDCL 1-25-1.1 — and yes, that means your school board — to annually review the state's open meetings laws during an official meeting, using the Attorney General's published explanation of those laws. The AG's guide, Conducting the Public's Business in Public, lives on the SD AG’s website.
Pro move: have your superintendent, business manager, or (ahem) school attorney actually walk the board through the guide, with special attention to executive session grounds under SDCL 1-25-2.
8. Let the President Appoint Committees
Once you've elected officers, the new board president under SDCL 13-8-26.
9. Get Serious About the Budget
The fiscal year has already started, so your budget timeline is officially "now." Under SDCL 13-11-2, your board must publish the proposed budget with notice of the budget hearing not later than July fifteenth.
10. The Miscellaneous Items
ASBSD membership. If your board belongs to the association, July is when dues typically come around (SDCL 13-8-10.1).
Designate legal counsel. Not required by statute, but naming your law firm(s) at the July meeting keeps everyone clear on who to call before things get interesting. There's no limit on how many firms you can name. Here is an agenda item and sample motion.
The Takeaway
July is a busy month. Do not hesitate to reach out with any questions at ksb@ksbschoollaw.com or 402-804-8000.