reglab/housing_qa huggingface dataset:
SD Codified L § 13-39A-9 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-9 - Board members--No technical college employees.

13-39A-9. Board members--No technical college employees.No employee of a technical college may be a member of the board. Source: SL 2017, ch 81, §9; SL 2020, ch 61, § 3.
SD Codified L § 13-39A-10 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-10 - Executive director.

13-39A-10. Executive director.The board may select and employ an executive director. The board shall provide overall policy guidance to the executive director. The board may delegate to the executive director the authority to hire and fire board employees. Source: SL 2017, ch 81, §10.
SD Codified L § 13-39A-11 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-11 - Local governing bodies--Retain powers not given to board.

13-39A-11. Local governing bodies--Retain powers not given to board.The local governing body of each technical college shall retain all powers not expressly given to the board. Source: SL 2017, ch 81, §11; SL 2020, ch 61, § 4.
SD Codified L § 13-39A-12 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-12 - Tuition and fees.

13-39A-12. Tuition and fees.The board shall approve rates of tuition and state fees for the technical colleges. Tuition and fees may vary by course and college. Source: SL 2017, ch 81, §12; SL 2020, ch 61, § 5.
SD Codified L § 13-39A-13 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-13 - Annual state funding requests.

13-39A-13. Annual state funding requests.The board shall review and approve recommendations for annual state funding requests for the technical colleges and make recommendations to the Governor and the Legislature. Source: SL 2017, ch 81, §13; SL 2020, ch 61, § 6.
SD Codified L § 13-39A-14 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-14 - Management policies, goals, and objectives.

13-39A-14. Management policies, goals, and objectives.The board shall, with the input of the local governing boards of each of the technical colleges, provide overall policies, goals, and objectives for the management of the technical college system to ensure that the needs of the public, business, and industry are met to the highest possible degree and in the most cost-effective and efficient manner. Source: SL 2017, ch 81, §14; SL 2020, ch 61, § 7.
SD Codified L § 13-39A-15 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-15 - New construction or major renovation of facilities.

13-39A-15. New construction or major renovation of facilities.Except as otherwise provided in §1-16A-95, the board shall consider and act upon technical college requests for new construction or major renovation of facilities also subject to the provisions of §1-16A-95. However, the absence of any action does not prevent the Legislature from approving such plans pursuant to §1-16A-95. Source: SL 2017, ch 81, §15; SL 2020, ch 61, § 8.
SD Codified L § 13-39A-16 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-16 - Additional duties of board.

13-39A-16. Additional duties of board.The board shall consider and act upon the following:(1)Recommendations regarding legislation proposed for technical education;(2)All actions required by law to be taken by the board;(3)Establishment of committees related to the statewide mission of the technical college system; and(4)New degree or certificate granting or awarding programs at any technical college. Source: SL 2017, ch 81, §16; SL 2020, ch 61, § 9.
SD Codified L § 13-39A-17 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-17 - Accreditations.

13-39A-17. Accreditations.The board shall monitor and support institutional and program accreditation, compliance with the accreditation standards of the Higher Learning Commission, and other approved industry accreditations. Source: SL 2017, ch 81, §17.
SD Codified L § 13-39A-18 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-18 - Promulgation of rules.

13-39A-18. Promulgation of rules.The board may promulgate rules, pursuant to chapter 1-26, to provide oversight for the operation and maintenance of the technical college system that affords people of the state, insofar as practicable, an equal opportunity to acquire a public technical education. The rules may provide for the following:(1)Program requirements for degrees and certificate awards;(2)Apportionment and distribution of funds made available to the board for carrying out the purposes of this chapter;(3)General administrative matters;(4)The submission to the board of the annual budget by each technical college. The board shall determine the contents of the annual budget and shall provide that failure to comply with the rules may result in withholding of payments from federal and state funds;(5)The submission of plans of LEAs for new construction or major renovation of facilities eligible for reimbursement. The rules regarding these plans shall include a requirement that the LEA, by a written resolution, declare the LEA committed to begin construction if the budget of the board provides the matching funds;(6)The promotion and coordination of career and technical education consistent with the purpose set forth in §13-39A-42; and(7)The prevention of unwarranted duplication of programs. Source: SL 2017, ch 81, §18; SL 2020, ch 61, § 10.
SD Codified L § 13-39A-19 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-19 - Successor to Board of Education Standards on agreements.

13-39A-19. Successor to Board of Education Standards on agreements.The board shall be the lawful successor to the Board of Education Standards with respect to all rights, privileges, obligations and duties of the Board of Education Standards under and with respect to:(1)The lease purchase agreement dated as of August 1, 1988, between the health and educational facilities authority and the Board of Education Standards, as heretofore amended or supplemented;(2)The four sublease agreements dated as of August 1, 1988, between the Board of Education Standards and, respectively, Mitchell School District 17-2, Rapid City Area School District No. 51-4, Sioux Falls School District 49-5, and Watertown School District No. 14-4, each as heretofore amended or supplemented;(3)The first supplement to general pledge and escrow agreement between the treasurer, the Board of Education Standards, the health and educational facilities authority and the First National Bank in Sioux Falls, dated as of August 1, 1988, as amended and supplemented;(4)The fourth supplement to facility fee tuition collection and deposit agreement dated June 1, 1999, among the treasurer, the Board of Education Standards, the First National Bank in Sioux Falls and the school districts specified in subsection (2) or their successors, as the agreement has been heretofore amended or supplemented from time to time; and(5)All other agreements related to the foregoing and with respect to career and technical education program revenue bonds issued from time to time by the health and educational facilities authority to finance property used by LEAs for any technical college.The board shall succeed to and assume all the obligations of the Board of Education Standards with respect to all the agreements and is bound by all of the obligations and covenants of the Board of Education Standards in connection therewith, which obligations and covenants are ratified and confirmed. Source: SL 2017, ch 81, §19; SL 2020, ch 61, § 11.
SD Codified L § 13-39A-20 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-20 - Performance of agreements.

13-39A-20. Performance of agreements.The board may enter into and perform the agreements described in §13-39A-19. All bonds, notes or other evidences of indebtedness issued by the South Dakota Health and Educational Facilities Authority to finance facilities for use as technical college facilities and outstanding on July 1, 2017 are unaffected by the transfer of functions from the Board of Education Standards to the board. No contract with respect to the bonds is impaired by chapter 81 of the 2017 Session Laws. Source: SL 2017, ch 81, §20; SL 2020, ch 61, § 12.
SD Codified L § 13-39A-21 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-21 - Apportionment and distribution of funds to LEAs.

13-39A-21. Apportionment and distribution of funds to LEAs.The secretary shall apportion and distribute funds made available for technical colleges through a formula approved by the board to the LEAs having jurisdiction over technical colleges to assist in maintaining and operating those schools. The use of the funds is subject to rules promulgated by the board pursuant to §13-39A-18 and in accordance with the approved state plan for career and technical education. However, the formula approved by the board may not reduce or increase the apportionment and distribution to any technical college as a result of any municipal, county, or LEA financial support. Source: SL 2017, ch 81, §21; SL 2020, ch 61, § 13.
SD Codified L § 13-39A-22 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-22 - Distribution of funds to technical colleges.

13-39A-22. Distribution of funds to technical colleges.The department shall distribute funds to the technical colleges under the provisions of §13-39A-21 from money appropriated to the department for that purpose, and from federal funds allotted to the State of South Dakota for that purpose. Source: SL 2017, ch 81, §22; SL 2020, ch 61, § 14.
SD Codified L § 13-39A-23 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-23 - Separate accounting and funds by LEAs.

13-39A-23. Separate accounting and funds by LEAs.Any LEA operating a technical college shall keep separate the accounting and funds for the operation of the technical college programs. The LEA shall deposit receipts, student fees, and income from state and federal sources, as well as any other receipts incidental to the operation of the technical college, in any fund created pursuant to this chapter. Source: SL 2017, ch 81, §23; SL 2020, ch 61, § 15.
SD Codified L § 13-39A-24 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-24 - Lease-purchase agreements between LEAs and health and educational facilities authority or board for capital improvements.

13-39A-24. Lease-purchase agreements between LEAs and health and educational facilities authority or board for capital improvements.Any LEA may enter into a lease-purchase agreement with the health and educational facilities authority or the board for capital improvements for the design, acquisition, construction, equipping, or improvement of facilities the LEA considers necessary or appropriate. In addition, the board may enter into any lease-purchase agreement for the capital improvements either with an LEA or the health and educational facilities authority.Any lease-purchase agreement shall include any terms the health and educational facilities authority considers necessary, including without limitation, terms of default, remedies, representations, and covenants of the lessee.No lease-purchase agreement entered into after July 1, 2017 may be effective until approved by the board. The term, lease-purchase agreement, as used in this chapter includes any sublease. Source: SL 2017, ch 81, §24.
SD Codified L § 13-39A-25 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-25 - Provisions of lease-purchase agreements.

13-39A-25. Provisions of lease-purchase agreements.A lease-purchase agreement authorized pursuant to §13-39A-24:(1)Shall be approved by the governing body of the LEA;(2)May provide for the simultaneous conveyance of existing facilities to be leased back with the improvements and other property being financed;(3)May provide for all rights, title, and interest of the authority to be conveyed to the LEA or to the board upon payment or other discharge of the bonds issued therefor; and(4)May contain any other provision the authority and the board determine is necessary or appropriate to secure payment of amounts due under any agreement. No other provision of law may limit or otherwise restrict the power and authority of an LEA or the board to enter into a lease-purchase agreement or govern the procedure by which an agreement is authorized. Source: SL 2017, ch 81, §25; SL 2018, ch 102, §1.
SD Codified L § 13-39A-26 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-26 - Security for payments by LEA or board under lease-purchase agreements.

13-39A-26. Security for payments by LEA or board under lease-purchase agreements.The board may contract with or enter into other agreements with the South Dakota Health and Educational Facilities Authority, any LEA, the state treasurer, or others in order to pledge or otherwise transfer all or any portion of tuition and other student fees subject to deposit in the tuition subaccount in order to secure payments by any LEA or the board under a lease-purchase agreement with the authority. A contract or other agreement may also provide for the release from pledge and lien of any amounts determined to be unnecessary for payment of amounts currently owed under any lease-purchase agreement. Any pledge of tuition and other student fees are valid and binding from the time the pledge is made. The amount of tuition and other fees pledged and thereafter received shall immediately be subject to the lien of pledge without any physical delivery thereof or further act. The lien of the pledge is valid and binding against the LEA and any other person having any claim of any kind in tort, contract, or otherwise against the LEA, the board, the authority, the state treasurer, or any other person, irrespective of whether the person has notice of the claim. Neither the contract nor any other agreement or instrument creating a pledge needs to be recorded. Source: SL 2017, ch 81, §26.
SD Codified L § 13-39A-27 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-27 - Technical colleges facilities fund.

13-39A-27. Technical colleges facilities fund.There is hereby created within the state treasury a trust fund on behalf of the board known as the technical colleges facilities fund. The fund shall consist of any appropriation by the Legislature specifically designated for deposit in the fund and any other moneys designated for deposit in the fund, including any investment earnings. The state treasurer may create subfunds or accounts within the trust fund created in this section as the treasurer considers necessary. Any investment earnings in the fund may be transferred annually by the state treasurer to the tuition subaccount established in §13-39A-28. Source: SL 2017, ch 81, §27; SL 2020, ch 61, § 16.
SD Codified L § 13-39A-28 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-28 - Tuition subaccount.

13-39A-28. Tuition subaccount.There is hereby created within the technical colleges facilities fund a tuition subaccount. The board may determine and require that all or any portion of the tuition and other student fees payable to an LEA shall be deposited in the subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other than to pay lease rentals or other amounts owed in connection with:(1)Any facility originally leased to the Board of Regents but now utilized for career and technical education if the facility is on the campus of a technical college; and(2)Any lease-purchase agreement authorized in §§13-39A-24 and 13-39A-25 unless the South Dakota Health and Educational Facilities Authority files with the state treasurer a certification that it has on deposit or there has otherwise been appropriated sufficient moneys to pay all amounts due or to become due within the next three months on all the lease-purchase agreements.No lease rentals on facilities described in subdivision (1) may be paid unless the board has approved the assumption of the former Board of Regents' lease obligations by the tuition subaccount. Thereafter, the state treasurer shall retain in the technical colleges facilities fund for future repair and improvement an amount not to exceed ten percent of the fund, as the board directs. Source: SL 2017, ch 81, §28; SL 2020, ch 61, § 17.
SD Codified L § 13-39A-29 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-29 - Technical college equipment fund.

13-39A-29. Technical college equipment fund.There is established a technical college equipment fund. Any money in the technical college equipment fund is continuously appropriated to the board for distribution as provided in this section. The board shall distribute the money to the technical colleges to purchase equipment. Any equipment purchase shall be based upon priorities established by each technical college, approved by each technical college's governing body, and approved by the board. Source: SL 2017, ch 81, §29; SL 2020, ch 61, § 18.
SD Codified L § 13-39A-30 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-30 - Payment of obligations under lease-purchase agreement.

13-39A-30. Payment of obligations under lease-purchase agreement.All or any portion of the lease-purchase obligations under or in connection with any lease-purchase agreement authorized in §§13-39A-24 and 13-39A-25 may be paid or discharged out of moneys available from the investment earnings on the technical colleges trust fund or from any amounts on deposit in the tuition subaccount of the fund upon the determination by the board to pledge or otherwise transfer any amounts to the South Dakota Health and Educational Facilities Authority. Source: SL 2017, ch 81, §30; SL 2020, ch 61, § 19.
SD Codified L § 13-39A-31 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-31 - Petition to establish technical college.

13-39A-31. Petition to establish technical college.Any LEA proposing to establish a technical college after July 1, 2015, may petition the board pursuant to §§13-39A-32 to 13-39A-34, inclusive. The board may conduct hearings, investigate school records, and secure other data relating to the proposed technical college, the college's geographical location, the demography and economy of the area, and any other facts relating to the proposed technical college that the board may consider appropriate. This section does not apply to a distinct separate LEA established pursuant to §13-39A-35. Source: SL 2017, ch 81, §31; SL 2020, ch 61, § 20.
SD Codified L § 13-39A-32 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-32 - Recommendation of petition to Legislature.

13-39A-32. Recommendation of petition to Legislature.If the board finds that the classification petitioned for would further the educational interests of the state, more nearly equalize the educational opportunities in certain phases of technical education to persons in this state who are of the age and maturity to pursue study in preparation for entering the labor market, be of potential benefit to persons in all communities of the state, and is otherwise in accordance with the plans of the board, the board may recommend that the Legislature approve the petition. Source: SL 2017, ch 81, §32.
SD Codified L § 13-39A-33 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-33 - Legislative approval of petition.

13-39A-33. Legislative approval of petition.If the Legislature approves the petition by passing a joint resolution, an LEA may operate a technical college. If an LEA begins to operate a technical college without the approval required by this section, that institute is ineligible for state career and technical education money. Source: SL 2017, ch 81, §33; SL 2020, ch 61, § 21.
SD Codified L § 13-39A-34 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-34 - Joint resolution specifying duties and powers of postsecondary technical institute.

13-39A-34. Joint resolution specifying duties and powers of postsecondary technical institute.The joint resolution passed pursuant to §13-39A-33 shall specify the duties and powers of a postsecondary technical institute. The resolution may also specify the procedure for selecting members of the governing board, which may include local elections for the members. An institute established pursuant to §13-39A-33 may be a distinct legal entity separate and apart from the school district or districts which established it. Source: SL 2017, ch 81, §34.
SD Codified L § 13-39A-35 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-35 - Petition to establish technical college as distinct separate LEA.

13-39A-35. Petition to establish technical college as distinct separate LEA.Any technical college, school district LEA or school districts, or any combination of them that established a technical college before July 1, 2015, may file a petition with the board to establish the technical college as a distinct separate LEA, which shall be an LEA and a public body under chapter 1-16A. The board shall approve the petition before the technical college may operate as a distinct separate LEA. Upon establishment of a distinct separate LEA, the school district LEA shall assign to, and the newly established distinct separate LEA shall expressly assume, all duties and powers and all rights, covenants, and obligations concerning the technical college, including without limitation all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized pursuant to §§13-39A-24 to 13-39A-30, inclusive, and any and all instruments and other agreements related thereto. Nothing in this section prohibits an agreement between the school district LEA and the distinct separate LEA pursuant to chapter 1-24. The distinct separate LEA established pursuant to this section is not subject to §§13-39A-31 to 13-39A-34, inclusive. Source: SL 2017, ch 81, §35; SL 2020, ch 61, § 22.
SD Codified L § 13-39A-36 (2021)
2021 South Dakota Codified Laws|Title 13 - Education|Chapter 39A - South Dakota Board Of Technical Education|Section 13-39A-36 - Board governing distinct separate LEA.

13-39A-36. Board governing distinct separate LEA.A board consisting of nine members shall govern the distinct separate LEA established pursuant to §13-39A-35. Source: SL 2017, ch 81, §36.