reglab/housing_qa huggingface dataset:
SD Codified L § 13-48-34 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-34 - Definitions.

13-48-34.Definitions.The terms used in this chapter mean:(1)"Accredited" or "accreditation," the status of public recognition that an accrediting agency recognized by the United States Department of Education pursuant to Title IV of the Higher Education Act of 1965 (20 U.S. C. §1070 et seq.) as amended to January 1, 2012, grants to an institution or educational program that meets the agency's established requirements;(2)"Complaint," an allegation that a postsecondary institution does not meet the requirements of this chapter; an allegation that a postsecondary institution violated chapter 37-24; or an allegation raised by a student that a postsecondary institution does not meet standards established by the institution's accrediting agency;(3)"Secretary," the secretary of state;(4)"Educational program," a program of organized instruction or study beyond secondary education that leads to an academic, professional, or vocational degree, or certificate, or other recognized educational credential;(5)"Federal student financial assistance programs," federal student financial assistance program authorized by Title IV of the Higher Education Act of 1965 (20 U.S.C. Section 1070 et seq.), as amended to January 1, 2012;(6)"Postsecondary institution," a person, business entity, nonprofit corporation or government entity that operates educational programs beyond secondary education. Source: SL 2012, ch 100, §1.
SD Codified L § 13-48-35 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-35 - Certificate of authorization required to provide postsecondary education.

13-48-35. Certificate of authorization required to provide postsecondary education.No postsecondary institution may provide educational programs at physical locations in this state unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter. Additionally, except for such postsecondary institutions providing educational programs at physical locations in this state on July 1, 2012, no postsecondary institution may publicize the availability in this state of such programs unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter. Source: SL 2012, ch 100, §2.
SD Codified L § 13-48-36 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-36 - Existing postsecondary institutions authorized to provide educational programs.

13-48-36. Existing postsecondary institutions authorized to provide educational programs.To ensure that postsecondary institutions legally operating in this state as of this date and participating in the federal student financial assistance programs may comply with the state authorization regulations promulgated by the United States Department of Education on October 29, 2010, codified at 34 C.F. R. Section 600.9 and effective as of July 1, 2011, the following postsecondary institutions are acknowledged by the Legislature as being authorized to provide educational programs at physical locations in this state, subject to the provisions of §13-48-38:(1)Augustana University;(2)Avera McKennan Hospital School of Radiologic Technology;(3)Avera Sacred Heart Hospital School of Radiologic Technology;(4)Bellevue University;(5)Black Hills Beauty College;(6)Black Hills State University;(7)Dakota State University;(8)Dakota Wesleyan University;(9)ELS Educational Services, Inc. (d/b/a ELS Language Centers);(10)Headlines Academy;(11)Hot Rod Institute;(12)John Witherspoon College;(13)Lake Area Technical College;(14)Mitchell Technical College;(15)Mount Marty College;(16)National American University;(17)Northern State University;(18)Presentation College;(19)Sanford Medical Center;(20)Sioux Falls Seminary;(21)South Dakota School of Mines and Technology;(22)South Dakota State University;(23)Southeast Technical College;(24)Southwest Minnesota State University;(25)Stewart School;(26)University of Sioux Falls;(27)University of South Dakota; and(28)Western Dakota Technical College. Source: SL 2012, ch 100, §3; SL 2013, ch 80, §1; SL 2018, ch 103, §5; SL 2020, ch 61, § 46.
SD Codified L § 13-48-37 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-37 - Requirements for issuance of certificate of authorization.

13-48-37. Requirements for issuance of certificate of authorization .The secretary shall issue a certificate of authorization to provide postsecondary education to any postsecondary institution named in §13-48-36. The secretary also may issue a certificate of authorization to provide postsecondary education to any other postsecondary institution to provide education programs at physical locations in this state to any postsecondary institution that:(1)Is an instrumentality of this state or another state, is duly organized and existing as a corporation or other entity under the laws of this state, or is qualified to conduct business as a foreign entity in this state;(2)Is accredited or operating under an affiliation agreement whose terms make an accredited postsecondary institution responsible for awarding academic credit and educational credentials to its students and maintaining transcripts for such students; and(3)Has filed with the secretary an application for certificate of authorization, on a form prescribed by the secretary, and paid an initial nonrefundable application fee of five hundred dollars. Source: SL 2012, ch 100, §4; SL 2013, ch 80, §2; SL 2018, ch 103, §1.
SD Codified L § 13-48-38 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-38 - Continuation of authorization of certain institutions.

13-48-38. Continuation of authorization of certain institutions.Any certificate of authorization issued to a postsecondary institution named in §13-48-36 remains in effect as long as the postsecondary institution continues to meet the requirements in subdivisions 13-48-37(1) and (2) and has not been ordered to cease operations in the state pursuant to §13-48-40. Source: SL 2012, ch 100, §5; SL 2018, ch 103, §2.
SD Codified L § 13-48-38.1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-38.1 - Annual renewal of certificate of authorization.

13-48-38.1. Annual renewal of certificate of authorization.Except as provided in section §13-48-38, each certificate of authorization expires on the first day of July following the date of issue. The secretary shall annually renew the certificate of any postsecondary institution that:(1)Continues to meet the requirements in subdivisions 13-48-37(1) and (2);(2)Has not been ordered to cease operations in the state pursuant to §13-48-40; and(3)Has filed with the secretary on or before the first day of July of each year an application for renewal, on a form prescribed by the secretary, and paid a renewal fee of two hundred fifty dollars. Source: SL 2018, ch 103, §3.
SD Codified L § 13-48-38.2 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-38.2 - Reinstatement of expired certificate.

13-48-38.2. Reinstatement of expired certificate.The secretary may reinstate an expired certificate of authorization if the postsecondary institution:(1)Continues to meet the requirements of subdivisions 13-48-37(1) and (2);(2)Has not been ordered to cease its operations in the state pursuant to §13-48-40; and(3)Has filed with the secretary an application for reinstatement, on a form prescribed by the secretary, and paid a nonrefundable reinstatement fee of two hundred fifty dollars. Source: SL 2018, ch 103, §4.
SD Codified L § 13-48-39 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-39 - Registry for authorized postsecondary institutions--Name or location change--Promulgation of rules.

13-48-39. Registry for authorized postsecondary institutions--Name or location change--Promulgation of rules.The secretary shall maintain a registry of all postsecondary institutions authorized by this chapter and such other postsecondary institutions for which it has issued a certificate of authorization to provide postsecondary education. If any institution changes the name under which it operates its educational programs, or the physical location of any campus, the institutions shall notify the secretary in writing within thirty days of such change and the secretary shall, as needed, issue an updated certificate of authorization to provide postsecondary education. The secretary shall develop, by rules promulgated pursuant to chapter 1-26, such forms and procedures as may be necessary to administer the requirements of this chapter. Source: SL 2012, ch 100, §6.
SD Codified L § 13-48-40 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-40 - Complaints--Enforcement by attorney general.

13-48-40. Complaints--Enforcement by attorney general .The Office of Attorney General, Division of Consumer Protection, shall review and act on any complaint, as the term is defined by §13-48-34, concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiring a postsecondary institution to cease its operations in the state. If a complaint relates to a postsecondary institution controlled by the Board of Regents, the attorney general shall refer the matter to the Board of Regents. If a complaint relates to a postsecondary institution with oversight by the South Dakota Board of Technical Education, the attorney general shall refer the matter to the South Dakota Board of Technical Education. In all other cases, the attorney general shall refer the complaint to the institution and provide the institution with no less than thirty days to respond to the matters set forth in the complaint, including an opportunity to demonstrate any actions the institution has taken or plans to take in response to the complaint, and to consider whether the complainant has exhausted all available administrative remedies within the institution's policies and procedures. In administering the requirements of this section, the attorney general may refer a complaint to an institution's accrediting agency for review and investigation, with the accrediting agency providing a report of the agency's investigation to the attorney general for further disposition. In enforcing this chapter, the attorney general has all the enforcement powers, authorities, and remedies provided by chapter 37-24. Source: SL 2012, ch 100, §7; SL 2018, ch 9, §4.
SD Codified L § 13-48-41 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-41 - Exempt institutions.

13-48-41. Exempt institutions.The provisions of this chapter do not apply to postsecondary institutions:(1)Established by the government of the United States;(2)Established by the government of an Indian tribe whose tribal lands are located, in whole or in part, in this state;(3)Established by owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and awarding only religious degrees or certificates for the purpose of conferring clerical status or authority within that religion; or(4)Subject to the jurisdiction and regulations to the South Dakota Cosmetology Commission. Source: SL 2012, ch 100, §8.
SD Codified L § 13-48-42 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-42 - Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement--National Council for State Authorization Reciprocity Agreement's Policies and Standards.

13-48-42. Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement--National Council for State Authorization Reciprocity Agreement's Policies and Standards.The secretary of state and the attorney general shall provide information requested by the Board of Regents in order to carry out administrative, oversight, information sharing, and reporting responsibilities on behalf of South Dakota under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013. With respect to any postsecondary institution authorized under this chapter that is not controlled by the Board of Regents, the information requested by the Board of Regents from the secretary of state and the attorney general may not exceed that which is specifically required for a postsecondary institution to receive reciprocal authorizations to conduct distance education activities in other states under the Western Interstate Commission for Higher Education State Authorization Reciprocity Agreement, dated November 1, 2013, and the National Council for State Authorization Reciprocity Agreement's Policies and Standards, dated November 18, 2013. Source: SL 2014, ch 96, §1.
SD Codified L § 13-48-43 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48 - Authorization To Provide Postsecondary Education|Section 13-48-43 - Physical location in this state defined.

13-48-43. Physical location in this state defined.For the purposes of this chapter, physical location in this state, means the ongoing occupation of a physical location in South Dakota for instructional purposes or the maintenance of an administrative office to facilitate instruction. The following activities do not constitute the use of a physical location in this state: delivering of distance education courses online, through correspondence or broadcast; advertising; recruiting; contractual arrangements to acquire goods or services, including educational or examination proctoring services, with institutions or businesses physically located in South Dakota; courses delivered on military installations by an accredited institution limited to active and reserve military personnel, dependents of military personnel, and civilian employees of the military installation; field trips; operation of a server or other electronic service device; short courses (twenty classroom hours or less, or the equivalent thereof); courses for which fewer than twenty-five percent of class requirements take place in a setting where the instructor and students physically meet together; and experiential learning opportunities, such as a clinical, practicum, residency, or internship, if the offering institution has already obtained all the necessary professional and licensure approvals necessary to conduct the learning opportunity in the state, and that only ten students from each institution are physically present simultaneously at a single field site. Source: SL 2014, ch 96, §2.
SD Codified L § 13-48A-7 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 48A - Education Accountability Report|Section 13-48A-7 - Annual accountability report to Government Operations and Audit Committee.

13-48A-7. Annual accountability report to Government Operations and Audit Committee.The Board of Regents and the Board of Education Standards shall each provide to the Government Operations and Audit Committee an annual accountability report as determined by the committee. The annual accountability report provided by the Board of Regents shall include a financial report on each of the university centers located in Pierre, Rapid City, and Sioux Falls as prescribed by the auditor general. Source: SL 2013, ch 81, §8; SL 2016, ch 95, §1; SL 2017, ch 13, §10; SL 2017, ch 81, §57; SL 2017, ch 88, §2.
SD Codified L § 13-49-1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-1 - Control of educational institutions vested in board--Appointment of members.

13-49-1. Control of educational institutions vested in board--Appointment of members.The control of the public postsecondary educational institutions of the state offering college credit which are sustained wholly or in part by the state is vested in a board of nine members, designated as the Board of Regents. The Governor shall appoint the members with the consent of the Senate. Source: SDC 1939, §15.0701; SL 1955, ch 38, §1; SL 1971, ch 129; SL 1976, ch 126, §1; SL 1979, ch 125, §1; SL 2007, ch 109, §1.
SD Codified L § 13-49-2 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-2 - Qualifications of members of board.

13-49-2. Qualifications of members of board.Each regent who is a regular member shall be a person of probity and wisdom and selected from among the best known citizens, who are residents of different portions of the state. No two regents may be residents in the same county and not more than six may be members of the same political party. One regent shall be the student regent as provided in §13-49-6.1. A regent's residence is determined by where the regent is registered to vote. Source: SDC 1939, §15.0703; SL 1951, ch 45; SL 1955, ch 39; SL 1957, ch 47; SL 1975, ch 128, §325; SL 1976, ch 126, §2; SL 1979, ch 125, §2; SL 1986, ch 138; SL 1988, ch 154, §1; SL 2007, ch 109, §2.
SD Codified L § 13-49-3 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-3 - Term of office of regents.

13-49-3. Term of office of regents.Each regent, except the student regent, shall be appointed for a term of six years. The term shall expire on the last day of March or when a successor is appointed and qualified, unless removed as provided in §3-17-1. No regent appointed after July 1, 2018, and without any previous service on the board, may serve more than two consecutive terms. However, after serving two consecutive terms, a regent may be reappointed after at least two years have passed since the expiration of the regent's last term. Any partial term to fill a vacancy on the board may not count against the two-term limit. Source: SDC 1939, §15.0701; SL 1955, ch 38, §§1, 2; SDC Supp 1960, §15.0701-1; SL 1975, ch 128, §326; SL 1976, ch 126, §3; SL 1979, ch 125, §3; SL 1988, ch 154, §2; SL 2007, ch 109, §3; SL 2018, ch 104, §1.
SD Codified L § 13-49-4 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-4 - Filling of vacancies--Failure of senate to confirm--New appointee named.

13-49-4. Filling of vacancies--Failure of senate to confirm--New appointee named.If a vacancy occurs as provided in §3-4-1, the Governor shall fill the vacancy by appointment, and the appointee shall serve for the balance of the unexpired term. However, if the Senate, at the next legislative session, fails to confirm the appointee, the appointee shall only serve until the last day of March. Then a new appointee shall be named by the Governor. The subsequent appointee is subject to the same conditions as set forth in this section. Source: SDC 1939, §15.0702; SL 1975, ch 128, §327; SL 2007, ch 109, §4.
SD Codified L § 13-49-6 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-6 - Oath of office of regents.

13-49-6. Oath of office of regents.Before entering upon the duties of the office, each regent shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and faithfully to discharge the duties of the office, which oath or affirmation shall be filed with the secretary of state. Source: SDC 1939, §15.0703; SL 1951, ch 45; SL 1955, ch 39; SL 1957, ch 47; SL 1975, ch 128, §328; SL 2007, ch 109, §5.
SD Codified L § 13-49-6.1 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-6.1 - Student regent appointed by Governor--Term of appointment--Voting member.

13-49-6.1. Student regent appointed by Governor--Term of appointment--Voting member.The Governor shall appoint a student regent, with the consent of the Senate, who shall participate in all board meetings, open and closed, and be compensated in the same manner as board members. The student regent shall be a student of one of the public postsecondary educational institutions under the control of the board. The student regent shall be appointed for a term of two years which term shall expire on the first day of July of every even-numbered year, unless removed under the provisions of §3-17-1 or unless such student does not remain enrolled in a postsecondary institution controlled by the board. The student regent is a formal member of the board and may vote. Source: SL 1979, ch 125, §4; SL 1988, ch 154, §3; SL 2007, ch 109, §6.
SD Codified L § 13-49-7 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-7 - Meetings of board--Vote required for action--Minutes--Open to public.

13-49-7. Meetings of board--Vote required for action--Minutes--Open to public.Meetings may be held on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given.The affirmative vote of a majority of the members of the Board of Regents is required to take official action. The Board of Regents shall record the minutes of any meeting open to the public. All meetings of the Board of Regents shall be open to the public unless personnel matters and privileged matters between the board and its attorney are being discussed. If such meetings are held, the board shall limit the topics discussed or acted upon to such matters only. Source: SDC 1939, §15.0704; SL 1973, ch 104; SL 1980, ch 139; SL 2007, ch 109, §8.
SD Codified L § 13-49-9 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-9 - President of board--Election and term.

13-49-9. President of board--Election and term.At the annual meeting of the board, there shall be elected from among the members a president, whose term of office shall be for one year. Source: SDC 1939, §15.0705; SL 1945, ch 49; SL 1955, ch 293, §1; SL 2007, ch 109, §9.
SD Codified L § 13-49-10 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 49 - State Board Of Regents|Section 13-49-10 - Appointment of executive director--Qualifications--Supervision by board.

13-49-10. Appointment of executive director--Qualifications--Supervision by board.The Board of Regents shall appoint an executive director, who shall be a full-time employee of the board. The executive director shall have a graduate degree from a recognized college or university and shall by training and experience be familiar with the operations and problems of institutions of higher education. The executive director shall carry out the directives of the Board of Regents and shall be under the board's general jurisdiction and supervision. Source: SDC 1939, §15.0705; SL 1945, ch 49; SL 1955, ch 293, §1; SL 1968, ch 35, §1; SDCL Supp, §13-49-10.1; SL 1975, ch 128, §329; SL 1981, ch 150, §1; SL 2007, ch 109, §10.