reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-27 - Surrogate parent acting in place of parent--Immunity--Exceptions.

13-37-27. Surrogate parent acting in place of parent--Immunity--Exceptions.
The surrogate parent may act in place of the parent in all matters relating to the identification, evaluation, and educational placement of a child in need; and to the provision of a free appropriate public education to the child in need. The surrogate parent is immune from suit when acting in the capacity of a surrogate parent except for acts or omissions which are grossly negligent, wanton, reckless, or malicious.
Source:
SL 1989, ch 150, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-28 - Definition of autism spectrum disorder.

13-37-28. Definition of autism spectrum disorder.
For the purposes of this chapter, the Department of Education shall use the definition of autism spectrum disorder contained in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association to define autism spectrum disorder in rules promulgated pursuant to chapter 1-26.
Source:
SL 1990, ch 134; SL 1996, ch 125; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2014, ch 92, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-28.1 - Dyslexia defined.

13-37-28.1  .  Dyslexia defined.
For the purposes of this chapter, dyslexia is a learning disability that is neurological in origin. It is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge.
Source:  SL 2020, ch 60, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-29 - Blind student defined for purposes of braille literary assessment and educational services.

13-37-29. Blind student defined for purposes of braille literary assessment and educational services.
For the purposes of §13-37-30, a blind student is any individual who is eligible for special education services and who has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees or has a medically indicated expectation of visual deterioration.
For the purposes of §13-37-30, braille is the system of reading and writing through touch commonly known as standard English braille.
Source:
SL 1991, ch 152, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-30 - Braille literary assessment and educational services for blind students.

13-37-30. Braille literary assessment and educational services for blind students.
In developing an individualized written education program for each blind student the presumption shall be that proficiency in braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each such student shall include a braille skills inventory, including a statement of strengths and deficits. Braille instruction and use are not required by this section if, in the course of developing the student's individualized education program, all members of the team concur that the student's visual impairment does not affect reading and writing performance commensurate with ability. Nothing in this section requires the exclusive use of braille if other special education services are appropriate to the student's educational needs. The provision of other appropriate services does not preclude braille use or instruction.
Source:
SL 1991, ch 152, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-31 - Competency of braille instructors--Promulgation of rules.

13-37-31. Competency of braille instructors--Promulgation of rules.
The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 governing the determination of the competency of braille instructors according to their education or experience.
Source:
SL 1991, ch 152, §3; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-35.2 - Department to recalculate allocations for disability levels biennially.

13-37-35.2. Department to recalculate allocations for disability levels biennially.
The Department of Education shall recalculate the amounts of the allocations for the disability levels defined in §13-37-35.1. The recalculation shall be based on statewide average expenditures as reported to the Department of Education in school district annual reports by disability for the previous three school fiscal years. A recalculation shall take place in fiscal year 2020 and every two years thereafter, and the recalculated rates take effect in the year following a recalculation.
Source:
SL 2002, ch 91, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2019, ch 86, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-36.1 - School district special education fund statutory carryover.

13-37-36.1. School district special education fund statutory carryover.
To establish the school district special education fund statutory carryover, deduct from the total ending fund balance the amount of Title VIII of the Elementary and Secondary Education Act funds receipted or transferred to the special education fund.
Source:
SL 1997, ch 89, §4; SL 2013, ch 79, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-36.2 - Level five disability criteria.

13-37-36.2. Level five disability criteria.
For the purpose of calculating state aid pursuant to this chapter, a level five disability shall meet criteria for at least two disability categories in levels two to four, inclusive, excluding the disability of deaf-blindness.
Source:
SL 1999, ch 90, §10; SL 2000, ch 87, §1; SL 2014, ch 92, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-36.3 - Computation of state aid to districts for special education.

13-37-36.3. Computation of state aid to districts for special education.
The secretary of the Department of Education shall compute state aid for special education for each school district according to the following calculations:
(1)Calculate the local need of a school district;
(2)State aid for special education is:
(a)Local need minus local effort, the difference multiplied by the effort factor; or
(b)Zero if the calculation in (a) is a negative number.
Source:
SL 1999, ch 90, §4; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-37 - Monthly payment of state aid for special education.

13-37-37. Monthly payment of state aid for special education.
Payment from funds provided for state aid for special education in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first through December thirty-first, the total of the six payments shall be one-half of the local need of the current school fiscal year less the local effort for the period July first through December thirty-first. For the period January first through June thirtieth, the total of the six payments shall be one-half of local need of the current school fiscal year less the local effort for the period January first through June thirtieth.
Source:
SL 1995, ch 101, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-40 - Portion of appropriation set aside for extraordinary expenses.

13-37-40. Portion of appropriation set aside for extraordinary expenses.
Subject to the limitation in §13-37-42, the secretary of the Department of Education shall, for school fiscal year 2014 and each year thereafter, set aside four million dollars of the state aid to districts for special education appropriation for extraordinary expenses incurred in providing special education programs or services to one or more children with disabilities, with expenditures to be made as recommended by an oversight board and approved by the secretary of the Department of Education. Any funds not expended or obligated pursuant to this section shall not be subject to reversion pursuant to §4-8-19. The total amount set aside for extraordinary expenses each fiscal year plus the total amount not reverted from previous fiscal years may not exceed five million five hundred thousand dollars.
The amount appropriated for extraordinary expenses shall be recalculated at the same time as the amount of the allocations for disability levels as provided in §13-37-35.2.
Source:
SL 1995, ch 101, §6; SL 1998, ch 98, §12; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2013, ch 79, §13.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-40.1 - Certification required for funding.

13-37-40.1. Certification required for funding.
A school district is not eligible for funding from the money set aside in § 13-37-40 unless the school district certifies to the secretary of education that its ending special education fund balance will not exceed ten percent of its special education expenditures for the current fiscal year.
Source:
SL 1996, ch 108, §4; SL 1998, ch 98, §4; SL 2004, ch 17, §28; SL 2013, ch 79, §14; SL 2021, ch 73, § 14.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-41 - Establishing guidelines for expenditure of state aid for special education--Annual report.

13-37-41. Establishing guidelines for expenditure of state aid for special education--Annual report.
The secretary of the Department of Education shall establish guidelines for the application, approval, distribution, and expenditure of these funds and shall report annually to the Legislature on such expenditures.
Source:
SL 1995, ch 101, §7; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-42 - Limitation on expenditure of funds set aside for extraordinary expenditures.

13-37-42. Limitation on expenditure of funds set aside for extraordinary expenditures.
The amount set aside for extraordinary expenses may not be expended until the allocation of local need has been determined for each district and no more than one half of the amount set aside may be expended before January first of each year.
Source:
SL 1995, ch 101, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-44 - Reduction of district's aid for special education for excess balance in fund.

13-37-44. Reduction of district's aid for special education for excess balance in fund.
A school district's state aid for special education as calculated pursuant to §13-37-36.1 shall be reduced by the amount that its ending special education fund balance exceeds twenty-five percent of its special education expenditures for the prior fiscal year or one hundred thousand dollars, whichever is greater, if the school district did not receive money set aside in §13-37-40 during the prior fiscal year; or the amount that its ending special education fund balance exceeds ten percent of its special education expenditures for the prior fiscal year if the school district received money set aside in § 13-37-40 during the prior fiscal year.
Source:
SL 1995, ch 101, §9A; SL 1996, ch 108, §3; SL 1998, ch 98, §5; SL 1999, ch 90, §8; SL 2013, ch 79, §15; SL 2021, ch 73, § 15.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-45 - Allocation of undistributed appropriations.

13-37-45. Allocation of undistributed appropriations.
Any funds appropriated as state aid for special education that are not distributed according to §13-37-36.3 shall be used to fund any shortfall of the appropriation provided for in §13-13-73. The remaining funds shall be allocated by the secretary of the Department of Education for the purposes specified in § 13-37-40. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the special education formula in the current year. If a shortfall in the state aid appropriation for special education exists that cannot be covered by §13-13-73, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.
Source:
SL 1995, ch 101, §9B; SL 1997, ch 103, §3; SL 2003, ch 272, §63; SL 2021, ch 73, § 16.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-46 - Rules defining special education process--Appeal of local district's determinations--Hearing.

13-37-46. Rules defining special education process--Appeal of local district's determinations--Hearing.
The secretary of the Department of Education shall promulgate and review rules which further define special education processes regarding student identification and the placement committee process. Any appeal of a local district's determination relating to special education or special education and related services shall be referred to the secretary of the Department of Education. The hearing shall be conducted by the secretary in accordance with the contested case provisions of chapter 1-26.
Source:
SL 1995, ch 101, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2019, ch 87, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-47 - Promulgation of rules.

13-37-47. Promulgation of rules.
The secretary of the Department of Education may promulgate rules to implement the provisions of §§13-37-35.1 to 13-37-47, inclusive.
Source:
SL 1995, ch 101, §24; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-49 - Record of public school child count subject to examination by department.

13-37-49. Record of public school child count subject to examination by department.
Any records related to the reporting of the child count of a public school district shall be subject to examination by the Department of Education at all times.
Source:
SL 1999, ch 90, §5; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-50 - Overreporting child count data--Recovery of twice amount of state aid--Intentional overreporting as misdemeanor.

13-37-50. Overreporting child count data--Recovery of twice amount of state aid--Intentional overreporting as misdemeanor.
If, in the department's examination of the child count, it is determined that the data was overreported, the department shall recover from the district's special education fund twice the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the individual responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in §13-8-44, with the maximum penalty as defined in §22-6-2.
Source:
SL 1999, ch 90, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-52 - Department may promulgate rules to define disabilities.

13-37-52. Department may promulgate rules to define disabilities.
The Department of Education may promulgate rules pursuant to chapter 1-26 to define the various disabilities in this chapter.
Source:
SL 1999, ch 90, §11; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-54 - Promulgation of rules for reallocation of state aid to special education.

13-37-54. Promulgation of rules for reallocation of state aid to special education.
The Department of Education may promulgate rules pursuant to chapter 1-26 to provide for the reallocation of state aid to special education as provided for in §13-28-9.1.
Source:
SL 2001, ch 84, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2013, ch 79, §19.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-55 - Coordinated early intervening services.

13-37-55. Coordinated early intervening services.
Up to fifteen percent of the local need as defined in subdivision 13-37-35.1(18) may be used to develop and implement coordinated, early intervening services for students in kindergarten through grade twelve who are not currently identified as needing special education or special education and related services, but who need additional academic and behavioral interventions to succeed in a general education environment to prevent them from being identified as having a special education disability.
Coordinated, early intervening services include:
(1)Professional development for teachers and other school staff to enable them to deliver scientifically-based academic instruction and behavioral interventions, including scientifically-based literacy instruction, and, if appropriate, instruction on the use of adaptive and instructional software; and
(2)Providing educational and behavioral evaluations, services and supports, including scientifically-based literacy instruction.
Source:
SL 2013, ch 79, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-56 - Approval for early intervening services.

13-37-56. Approval for early intervening services.
A school district seeking to use funds pursuant to §13-37-55 shall apply for approval for the use of such funds from the Department of Education on forms provided by the department.
Source:
SL 2013, ch 79, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-57 - Annual report on early intervening services.

13-37-57. Annual report on early intervening services.
Any school district that uses funds pursuant to §13-37-55 shall annually report to the Department of Education on:
(1)The number of students who receive coordinated, early intervening services; and
(2)The number of students who received early intervening services, and who subsequently receive special education or special education and related services within two years after receiving the coordinated, early intervening services.
Source:
SL 2013, ch 79, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-58 - Promulgation of rules on early intervening services.

13-37-58. Promulgation of rules on early intervening services.
The Board of Education Standards shall promulgate rules pursuant to chapter 1-26 establishing the application process, the application timelines, the criteria the department will use in approving a district's use of special education funds pursuant to §13-37-55, and the collection of data on children served pursuant to §13-37-57.
Source:
SL 2013, ch 79, §4; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-59 - District with early intervening services ineligible for other funds.

13-37-59. District with early intervening services ineligible for other funds.
A school district that provides early intervening services pursuant to §13-37-55 is not eligible for funding from the money set aside pursuant to §13-37-40 within a period of three years following the expenditure of such funds.
Source:
SL 2013, ch 79, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-60 - Extraordinary Cost Oversight Board established.

13-37-60. Extraordinary Cost Oversight Board established.
There is hereby established an Extraordinary Cost Oversight Board within the Department of Education. The board shall review all school district requests for extraordinary cost funds as provided in §13-37-40. The board shall meet at least once a year and recommend to the secretary of education those school districts that should be approved for extraordinary cost fund expenditures and those school districts that should not be approved for extraordinary cost fund expenditures. The secretary has the final authority to approve or deny extraordinary cost fund expenditures.
Source:
SL 2019, ch 87, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 37 - Special Assistance And Related Services › Section 13-37-61 - Oversight board members--Terms.

13-37-61. Oversight board members--Terms.
The oversight board established in §13-37-60 shall consist of seven members. The membership shall include one member of the Legislature appointed by the Executive Board of the Legislative Research Council, and six members appointed by the secretary of education. The members appointed by the secretary shall include representatives from each of the following:
(1)The Department of Education;
(2)A school district with a fall enrollment of six hundred or more;
(3)A school district with a fall enrollment of more than two hundred, but less than six hundred; and
(4)A school district with a fall enrollment of two hundred or less.
The secretary shall use a staggered appointment schedule when appointing members, and no member may serve on the board for more than five years. The secretary shall also appoint alternate board members to serve in place of any board member representing a school district who may have a conflict of interest. An alternate shall serve the same term as the equivalent board appointee.
Source:
SL 2019, ch 87, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-1.2 - Definitions.

13-39-1.2. Definitions.
Terms used in this chapter, mean:
(1)"Career and technical education," a contextual education model that employs career clusters and programs of study in preparing highly skilled students for success in postsecondary education and in-demand careers;
(2)"Career clusters," a distinct grouping of occupations and industries based on the knowledge and skills they require;
(3)"Center board," the governing body of a multidistrict, career and technical academy;
(4)"Department," the Department of Education;
(5)"Director," the person at the Department of Education responsible for the administration of career and technical education;
(6)"Facilities," buildings, rooms, property, and permanent equipment, including vehicles, used to provide career and technical education;
(7)"LEA," a local education agency limited to public school districts, the legal entities that a school district is authorized to establish, or a distinct separate LEA established pursuant to §13-39A-35;
(8)"Multidistrict, career and technical academy," an educational entity designed to provide career and technical education and academic courses that prepare youth for a wide range of careers that require varying levels of education;
(9)"Participating district," a school district which has voting representation on a center board;
(10)"Technical college," as defined in §13-39A-1;
(11)"Secretary," the secretary of education;
(12)"State board," the South Dakota Board of Education Standards established in §1-45-6.1.
Source:
SL 1982, ch 147, §2; SL 1985, ch 134, §5; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2009, ch 88, §1; SL 2010, ch 77, §15; SL 2012, ch 88, §15; SL 2017, ch 81, §41; SL 2020, ch 61, § 44.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-8 - General supervision by director.

13-39-8. General supervision by director.
Notwithstanding the provisions of §13-15-2, the general control and supervision over career and technical education as provided in this chapter is the duty of the director under the direction of the secretary of education.
Source:
SL 1965, ch 37, §9; SL 1982, ch 147, §5; SL 2004, ch 17, §29; SL 2012, ch 88, §16.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-9 - Schools subject to general supervision by director.

13-39-9. Schools subject to general supervision by director.
The director has general control and supervision over all career and technical education in all public secondary schools and all other career and technical education functions assigned to the director by the secretary of education.
Source:
SL 1965, ch 37, §3; SL 1982, ch 147, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §17; SL 2017, ch 81, §42.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-12 - Cooperation with federal agencies.

13-39-12. Cooperation with federal agencies.
The secretary of education may cooperate with federal agencies in the administration of any acts of Congress relating to career and technical education.
Source:
SL 1965, ch 37, §2 (5); SL 1982, ch 147, §10; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §18.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-13 - Agreements with federal and state agencies.

13-39-13. Agreements with federal and state agencies.
The secretary of education may enter into contracts and agreements with any agency of the United States government or any agency of the state government or its political subdivisions for the purpose of career and technical education, to receive grants of federal funds for career and technical education and to expend those funds under rules promulgated by the South Dakota Board of Education Standards or the South Dakota Board of Technical Education pursuant to chapter 1-26.
Source:
SL 1965, ch 37, §2 (7); SL 1975, ch 128, §248; SL 1982, ch 147, §11; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §19; SL 2017, ch 81, §43.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-19 - Distribution of state and federal funds to schools--State treasurer custodian of money from federal appropriations.

13-39-19. Distribution of state and federal funds to schools--State treasurer custodian of money from federal appropriations.
The secretary of education may distribute funds appropriated to the department by the Legislature or granted by any federal agency to the state in accordance with chapter 4-8B, for career and technical education in public secondary and technical colleges in the state in accordance with a state plan or plans adopted by the South Dakota Board of Education Standards or the South Dakota Board of Technical Education. The aid disbursed to the different schools of the state and all expenses incurred in the administration of the provisions of any federal acts relating to career and technical education shall be paid out of the funds of the secretary appropriated for that purpose and from the federal funds allotted to the State of South Dakota for similar purposes. The state treasurer is the custodian of all money paid to the state from federal appropriations for the purpose of career and technical education and shall disburse the funds on warrants issued by the state auditor upon vouchers approved by the director. The secretary of education shall authorize the director to submit vouchers to the state auditor for the amount payable as state and federal aid to each school approved under the provisions of this chapter. Upon receipt of the vouchers, the state auditor shall draw warrants on the state treasury in favor of the treasurer of the public secondary and technical college for the sum approved by the secretary.
Source:
SL 1965, ch 37, §2 (6); SL 1978, ch 118; SL 1982, ch 147, §17; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §20; SL 2017, ch 81, §45; SL 2020, ch 61, § 45.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-21 - Uniform system for gathering and reporting data.

13-39-21. Uniform system for gathering and reporting data.
The director shall prescribe a uniform system for gathering and reporting career and technical education data.
Source:
SL 1965, ch 37, §5 (6); SL 1982, ch 147, §18; SL 2012, ch 88, §21.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-26 - Nonpublic secondary or postsecondary technical institutions.

13-39-26. Nonpublic secondary or postsecondary technical institutions.
The provisions of this chapter do not apply to nonpublic secondary or postsecondary technical institutions except that the secretary of education and LEAs may enter into agreements with these schools and institutions to provide career and technical education.
Source:
SL 1965, ch 37, §2; SL 1982, ch 147, §23; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2012, ch 88, §22.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-27 - LEA authority to establish career and technical education programs.

13-39-27. LEA authority to establish career and technical education programs.
For the purposes of providing career and technical education, all LEAs of this state may establish, in cooperation with the department, career and technical education programs by career clusters, as provided in this chapter, under terms and conditions agreed upon. Any LEA board may enter into any agreement to provide career and technical education. An agreement made pursuant to this section is not subject to the limitation of the tuition law. An LEA may expend its money for career and technical education.
Source:
SL 1965, ch 37, §6; SL 1971, ch 123; SL 1975, ch 128, §252; SL 1982, ch 147, §24; SL 2012, ch 88, §23.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-28 - Persons eligible for vocational education.

13-39-28. Persons eligible for vocational education.
Anyone who may profit from the vocational education course to which the person applies may be enrolled upon application and acceptance in accordance with the provisions of §§13-39-1.2 to 13-39-29, inclusive, and as prescribed by the South Dakota Board of Education Standards.
Source:
SL 1965, ch 37, §7; SL 1982, ch 147, §25; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-41 - Submission of plan for multidistrict, career and technical academy--Compliance with state plan and rules.

13-39-41. Submission of plan for multidistrict, career and technical academy--Compliance with state plan and rules.
The school boards of two or more school districts may submit to the South Dakota Board of Education Standards a proposed plan to establish a multidistrict, career and technical academy. The proposal shall be consistent with the state plan for career and technical education and shall meet the rules as promulgated by the state board pursuant to chapter 1-26.
Source:
SL 1973, ch 123, §3; SL 1975, ch 128, §258; SL 1982, ch 147, §37; SL 2009, ch 88, §2; SL 2012, ch 88, §28; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-42 - State board examination of plan for multidistrict, career and technical academy--Approval or disapproval.

13-39-42. State board examination of plan for multidistrict, career and technical academy--Approval or disapproval.
When the state board receives a proposed plan to establish a multidistrict, career and technical academy, the board shall examine the plan and may conduct hearings to receive evidence pertaining to the proposed multidistrict, career and technical academy. The state board may approve or disapprove the proposed plan.
Source:
SL 1973, ch 123, §4; SL 1975, ch 128, §259; SL 1982, ch 147, §38; SL 2009, ch 88, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-43 - Agreement of participation in multidistrict, career and technical academy--Resolution of agreement.

13-39-43. Agreement of participation in multidistrict, career and technical academy--Resolution of agreement.
After approval of a plan pursuant to §13-39-42, all participating school districts of a multidistrict, career and technical academy shall enter into an agreement of participation which must receive a vote of approval by the school board of each participating school district. Prior to the effective date of an approved plan, each participating school board shall adopt a resolution of agreement and shall publish the resolution once in the official newspapers of each participating school district.
Source:
SL 1973, ch 123, §4; SL 1982, ch 147, §39; SL 2009, ch 88, §4.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-44 - Multidistrict, career and technical academy center board.

13-39-44. Multidistrict, career and technical academy center board.
A center board shall organize and administer a multidistrict, career and technical academy. A center board shall consist of at least five members but not more than a total of one member for each participating district, except that each participating school district with five hundred or more students is allowed one member for each five hundred students or fraction thereof not to exceed three members from any one school district. Center board members shall be members of the school boards of the participating school districts as appointed by their respective school boards.
Source:
SL 1973, ch 123, §9; SL 1982, ch 147, §40; SL 2009, ch 88, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-45 - Small academy center board.

13-39-45. Small academy center board.
If four or less school districts comprise a multidistrict, career and technical academy, and if enrollment within the school districts is insufficient to provide five members in accordance with §13-39-44, the boards of the school districts shall agree upon the number and manner of selection of members of the center board and shall submit their plan of selection for approval or disapproval to the state board pursuant to §13-39-41.
Source:
SL 1973, ch 123, §9; SL 1982, ch 147, §41; SL 2009, ch 88, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-46 - Terms of office of center board members--Vacancies.

13-39-46. Terms of office of center board members--Vacancies.
The terms of office of the members of center boards shall be for three years and shall terminate on June thirtieth or as soon thereafter as their successors are appointed and qualify. At the initial organizational meeting of a center board, the initial terms of office of each member shall be determined by lot in a manner which shall result in approximately one-third of the membership serving for one year, one-third of the membership serving for two years, and the balance of the membership serving for three years.
Vacancies on a center board shall be filled by the school board whose representation was lost when the vacancy occurred.
Source:
SL 1973, ch 123, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-47 - Oaths of center board members.

13-39-47. Oaths of center board members.
All persons appointed to a center board shall qualify and assume office at the first regular meeting of a center board in July or the first regular meeting of a center board following their appointment by taking and subscribing to the oath as provided for regular school board members.
Source:
SL 1973, ch 123, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-48 - Meetings of center board--Annual election of officers.

13-39-48. Meetings of center board--Annual election of officers.
The director shall call and conduct the initial organizational meeting of a center board. A center board shall meet at least monthly. At each July meeting, the center board shall select officers for the current school year.
Source:
SL 1973, ch 123, §12; SL 1982, ch 147, §42.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-49 - Chairman and vice chairman of center board.

13-39-49. Chairman and vice chairman of center board.
The officers of a center board shall be a chairman and a vice chairman, who shall not be from the same school district. The chairman shall preside at all meetings of a center board and in his absence the vice chairman shall preside.
Source:
SL 1973, ch 123, §11.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-50 - Voting by center board members--Quorum--Majority required for action.

13-39-50. Voting by center board members--Quorum--Majority required for action.
Each center board member shall be entitled to one vote. A majority of the members of a center board shall constitute a quorum. Any motion or resolution may be adopted only by a majority vote of the members of the center board.
Source:
SL 1973, ch 123, §11.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-51 - Employment of personnel by center board.

13-39-51. Employment of personnel by center board.
The center board may employ personnel to administer the affairs of the multidistrict center and the center board shall determine their duties.
Source:
SL 1973, ch 123, §11; SL 1982, ch 147, §43.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-53 - School district laws applicable to multidistrict, career and technical academies.

13-39-53. School district laws applicable to multidistrict, career and technical academies.
Multidistrict, career and technical academies are subject to the rules adopted by the state board pursuant to chapter 1-26 and to applicable statutory requirements of school districts. A center board has the same power, authority, responsibility, and obligations as a school board, except for the authority to levy taxes and to issue bonds. All state statutes relating to educational financial activities and other educational activities apply to multidistrict, career and technical academies unless otherwise prohibited by §§13-39-41 to 13-39-64, inclusive.
Source:
SL 1973, ch 123, §§8, 14, 15; SL 1975, ch 128, §261; SL 1982, ch 147, §45; SL 2009, ch 88, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-54 - Bonds and tax levies prohibited--Funds provided by participating districts.

13-39-54. Bonds and tax levies prohibited--Funds provided by participating districts.
A center board may not issue bonds or levy a tax on its behalf. The participating school districts may provide funds for the purpose of construction, purchase, and lease of equipment and facilities. A participating district may make payments to a center board for the participating district's share of expenditures made by the center board pursuant to §13-16-6 from the participating district's capital outlay fund. All expenditures of this type made by participating districts prior to the effective date of this statute are ratified. A center board shall acquire by assessment of the participating school districts the necessary funds for the conduct of the vocational programs, services and other expenses of the multidistrict, career and technical academy.
Source:
SL 1973, ch 123, §§13, 14; SL 1982, ch 147, §46; SL 2009, ch 88, §8.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-55 - Assessment of participating districts for proportionate share of center expenses--Payment.

13-39-55. Assessment of participating districts for proportionate share of center expenses--Payment.
For the purpose of paying any administrative, planning, operating, or capital expenses incurred or to be incurred, a center board shall assess each participating school district its proportionate share based upon its enrollment in grades nine through twelve as compared to the total enrollment in grades nine through twelve of all participating school districts in the multidistrict center. Each participating school district shall remit payment of its assessment to the center board no later than thirty days after the official date of receipt as noted on the assessment notice.
Source:
SL 1973, ch 123, §16; SL 1982, ch 147, §47.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-56 - Apportionment and distribution of funds available to multidistrict, career and technical academies.

13-39-56. Apportionment and distribution of funds available to multidistrict, career and technical academies.
The secretary of education shall apportion and distribute funds made available to multidistrict, career and technical academies to assist in defraying instructional costs. The use of these funds is subject to the state plans for career and technical education and to rules promulgated by the South Dakota Board of Education Standards pursuant to chapter 1-26.
Source:
SL 1973, ch 123, §17; SL 1975, ch 128, §262; SL 1982, ch 147, §48; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2009, ch 88, §9; SL 2012, ch 88, §29; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-57 - Appropriated and federal funds used for distribution.

13-39-57. Appropriated and federal funds used for distribution.
Funds distributed to the multidistrict, career and technical academies under the provisions of §13-39-56 are to be paid out of money appropriated to the division and from federal funds allotted to the State of South Dakota for the purposes of career and technical education.
Source:
SL 1973, ch 123, §18; SL 1982, ch 147, §49; SL 2009, ch 88, §10; SL 2012, ch 88, §30.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-58 - Business of center--Ownership of property.

13-39-58. Business of center--Ownership of property.
A center board shall have charge of the business of the center and may lease or acquire ownership of the equipment and facilities.
Source:
SL 1973, ch 123, §13; SL 1975, ch 128, §263.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-59 - District becoming participant in established center--Procedure.

13-39-59. District becoming participant in established center--Procedure.
After a multidistrict center is established, additional school districts may become participants in the multidistrict center and are governed by the provisions of §§13-39-41 to 13-39-64, inclusive, upon following the process pursued by the school districts originally forming the multidistrict center including approval by the school district board and the center board according to the procedure set forth in §§13-39-60 and 13-39-61.
Source:
SL 1973, ch 123, §5; SL 1982, ch 147, §50; SL 1994, ch 130, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-60 - School board resolution to participate in established center--Fee--Publication of resolution.

13-39-60. School board resolution to participate in established center--Fee--Publication of resolution.
A school board by resolution may request that the center board approve the school district as a participating district in an established multidistrict center. A center board may require, as a condition of participation, payment of a fee not exceeding the applying school district's pro rata share of all capital outlay expenditures, excluding state and federal reimbursement from the state board, made by the center board prior to the application for membership by the applying district. The school board shall publish the resolution once in the official newspaper of that district.
Source:
SL 1973, ch 123, §5 (1); SL 1975, ch 128, §264; SL 1982, ch 147, §51; SL 1994, ch 130, §3.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-61 - Referendum on district participation in multidistrict center--Majority required for approval.

13-39-61. Referendum on district participation in multidistrict center--Majority required for approval.
A school board may not become a participating member of a multidistrict center if the resolution provided for in §13-39-60 is disapproved by a majority of the total number of votes cast on the question of the school district's participation in the multidistrict center. A school board shall call a referendum election if a petition, signed by at least five percent of the number of qualified voters voting in the most recent annual school election, is filed with the business manager within sixty days of the date of publication of the resolution. The form of the ballot question shall be "shall (school district name) become a participating member of (multidistrict center name)?" The school board may call a special election for the referendum provided for in this section. The school board is bound by the result of the election for the next school fiscal year.
Source:
SL 1973, ch 123, §5 (2); SL 1975, ch 128, §265; SL 1982, ch 147, §52.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-62 - Withdrawal of district from participation in academy--Submission to voters--Effect of withdrawal.

13-39-62. Withdrawal of district from participation in academy--Submission to voters--Effect of withdrawal.
A school district may withdraw from a multidistrict, career and technical academy if the school board submits a resolution to that effect to the center board and if the center board approves the resolution. If the resolution to withdraw is not approved by the center board, the school board of the district seeking the withdrawal may refer the question to a vote of the people. The form of the ballot question shall be "shall (school district name) continue as a participating member of (multidistrict, career and technical academy name)?" If a majority of the total number of votes cast on the question is not in favor of continuing participation in the multidistrict, career and technical academy, the school district shall terminate its participation in the multidistrict, career and technical academy at the end of the next school fiscal year or on a date determined by the center board. Withdrawal of a district from a multidistrict, career and technical academy does not affect the liability of the withdrawing school district or its share of outstanding obligations incurred prior to the submission of the resolution of withdrawal provided for in this section. However, the withdrawing school district abandons any interest it has in the multidistrict, career and technical academy's assets.
Source:
SL 1973, ch 123, §6; SL 1975, ch 128, §266; SL 1982, ch 147, §53; SL 1994, ch 130, §4; SL 1995, ch 102; SL 2009, ch 88, §11.