reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-64 - Rules for multidistrict, career and technical academies.

13-39-64. Rules for multidistrict, career and technical academies.
The center board may adopt rules, pursuant to chapter 1-26, pertaining to the creation, dissolution, operation, control, supervision, and approval of multidistrict, career and technical academies in South Dakota.
Source:
SL 1973, ch 123, §2; SL 1975, ch 128, §268; SL 1982, ch 147, §54; SL 2009, ch 88, §12.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39 - Career And Technical Education › Section 13-39-75 - Sales tax increase--Instructor salaries.

13-39-75. Sales tax increase--Instructor salaries.
The presidents of the technical colleges, acting pursuant to rules established by the State Board of Technical Education, shall use the money provided pursuant to SL 2016, chapter 65 to increase instructor salaries to competitive levels at each technical college. The amount of money provided each year shall be increased by the index factor as defined in §13-13-10.1.
Source:
SL 2016, ch 65, §18, eff. June 1, 2016; SL 2017, ch 76, §6; SL 2017, ch 81, §61; SL 2020, ch 61, § 56.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-1 - Definitions.

13-39A-1. Definitions.
Terms used in this chapter, mean:
(1)"Board," the South Dakota Board of Technical Education;
(2)"Department," the Department of Education;
(3)"Executive director," the executive director of the board;
(4)"Facilities," buildings, rooms, property, and permanent equipment, including vehicles, used to provide technical education;
(5)"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;
(6)"Technical college," a public nonprofit school legally authorized to provide career and technical Associate of Applied Science degrees and certificates or their successor equivalents and that are funded wholly or in part by the state as referenced in §13-39A-42; and
(7)"Secretary," the secretary of the Department of Education.
Source:
SL 2017, ch 81, §1; SL 2020, ch 61, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-2 - South Dakota Board of Technical Education--Creation.

13-39A-2. South Dakota Board of Technical Education--Creation.
There is hereby created the South Dakota Board of Technical Education. The oversight of the technical college system is vested in the board. The board shall consist of nine members. Four members shall be selected by the Governor from persons recommended by each of the technical colleges. Each of the four technical colleges shall submit to the Governor a list of not fewer than four persons, from which the Governor shall select one person. Each list shall be submitted no fewer than thirty days before the appointment is to be made. The Governor may reject the entire list and require a technical college to submit a new list. The Governor shall appoint the remaining board members to represent different geographic regions of the state and to reflect the industries that rely upon the technical colleges to provide a skilled workforce. All members shall be appointed with the advice and consent of the Senate.
Source:
SL 2017, ch 81, §2; SL 2020, ch 61, § 2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-4 - Member terms--Limits.

13-39A-4. Member terms--Limits.
Each member shall serve a three-year term that expires on the last day of October. No member may serve more than three consecutive terms.
Source: SL 2017, ch 81, §4; SL 2023, ch 59, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-5 - Vacancies.

13-39A-5. Vacancies.
If a vacancy occurs as provided in §3-4-1, the Governor shall, by appointment, fill the vacancy, and the appointee shall serve for the balance of the unexpired term. Any vacancy shall be filled in the same manner the vacating member was selected. This partial term does not count as a term for the term limit provided in §13-39A-4. However, if the Senate, at the next legislative session, fails to confirm the appointee, the appointee may only serve until the last day of March. The Governor shall name a new appointee after that date. The subsequent appointee is subject to the same conditions as set forth in this section.
Source: SL 2017, ch 81, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-6 - President--Meetings.

13-39A-6. President--Meetings.
The board shall elect a president from the board's members. The president's term of office is two years. Meetings may be held at the call of the president, the executive director, or by joint request of a majority of the members if reasonable notice is given.
Source:
SL 2017, ch 81, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-7 - Majority vote required--Minutes.

13-39A-7. Majority vote required--Minutes.
The affirmative vote of a majority of the members of the board is required to take any official action. The board shall record minutes. The minutes are open to the public. All meetings of the board are subject to the provisions of chapter 1-25.
Source:
SL 2017, ch 81, §7.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-8 - Member compensation and expenses.

13-39A-8. Member compensation and expenses.
Each member of the board shall be paid per diem compensation and allowable expenses for the member's service on the board pursuant to §4-7-10.4.
Source:
SL 2017, ch 81, §8.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-37 - Terms of board members.

13-39A-37. Terms of board members.
No board member may serve more than three consecutive terms on the distinct separate LEA board as provided in §13-39A-36. Three board members shall serve an initial one-year term. Three board members shall serve an initial two-year term. Three board members shall serve an initial three-year term. Any subsequent board member term shall be for a period of three years. The board of the school district LEA referenced in §13-39A-35 shall appoint all the initial board members.
Source:
SL 2017, ch 81, §37.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-38 - Appointment of members.

13-39A-38. Appointment of members.
After a member's initial term on the board of the distinct separate LEA is complete, the board of the school district LEA, with input from trade and industry representatives in the region and the technical college president, shall continue to appoint the three board member positions whose initial terms were three years. After the distinct separate LEA board member's initial term is finished, the Governor shall appoint the three board members of the board whose initial terms were one year. After the distinct separate LEA board member's initial term is finished, the nine person distinct separate LEA board, with input from trade and industry representatives in the region and the technical college president, shall appoint the three board members of the board whose initial terms were two years.
Source:
SL 2017, ch 81, §38; SL 2020, ch 61, § 23.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-39 - Continuing contract and collective bargaining provisions not applicable--Notice of nonrenewal.

13-39A-39. Continuing contract and collective bargaining provisions not applicable--Notice of nonrenewal.
The continuing contract provisions set forth in chapter 13-43 and the collective bargaining provisions set forth in chapters 3-18 and 60-9A do not apply to any person performing work for a technical college. However, the governing board shall give at least sixty days written notice of the intent to nonrenew a year-to-year contract with a contracted employee in a technical college.
Source:
SL 2017, ch 80, §1; SL 2017, ch 81, §39; SL 2020, ch 61, § 24.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-40 - Confidentiality of student information.

13-39A-40. Confidentiality of student information.
Each technical college shall treat all information disclosed pursuant to §13-28-50 as confidential and subject to the same restrictions that apply to personally identifiable information involving any student enrolled in a technical college.
Source:
SL 2017, ch 81, §40; SL 2020, ch 61, § 25.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-41 - Administrative rules not affected.

13-39A-41. Administrative rules not affected.
Nothing in this chapter or chapter 13-39 may be construed as withdrawing statutory authority for any administrative rule of the South Dakota Board of Education Standards in effect on June 30, 2017, governing the operation of the technical colleges.
Source:
SL 2017, ch 81, §54; SL 2020, ch 61, § 26.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 39A - South Dakota Board Of Technical Education › Section 13-39A-42 - State support of four technical colleges.

13-39A-42. State support of four technical colleges.
The state shall support four technical colleges:
(1)Lake Area Technical College in Watertown, Codington County;
(2)Mitchell Technical College in Mitchell, Davison County;
(3)Southeast Technical College in Sioux Falls, Minnehaha County; and
(4)Western Dakota Technical College in Rapid City, Pennington County.
The purpose of Lake Area Technical College, Mitchell Technical College, Southeast Technical College, and Western Dakota Technical College is to deliver postsecondary career and technical education through the delivery of programs that result in the award of an Associate of Applied Science degree or certificate and the direct entry of graduates into skilled occupations.
Source:
SL 2017, ch 81, §55; SL 2020, ch 61, § 27.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-1 - Definitions.

13-42-1. Definitions.
Terms used in this chapter and §§13-43-16 to 13-43-49, inclusive, mean:
(1)"Administrator," a superintendent, principal, or other person whose assigned duties require the person to be issued a certificate as an administrator;
(2)"Applicant," an individual who has applied for a certificate, either through an initial application or a renewal application;
(3)"Certificate," a certificate and endorsements required by the South Dakota Board of Education Standards pursuant to §13-42-3 for a teacher, administrator, or other educational professional which authorize the certificate holder to work in assigned grades and fields;
(4)"Department," the South Dakota Department of Education;
(5)"Other educational professional," an instructor, school service specialist, or other person whose duties require the person to be issued a certificate;
(6)"Secretary," the secretary of the department;
(7)"Teacher," a person whose assigned duties require the person to be issued a certificate as a teacher.
Source:
SL 2015, ch 98, §1; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-1.2 - Certificate required for teachers, administrators, and other educational professionals in schools.

13-42-1.2. Certificate required for teachers, administrators, and other educational professionals in schools.
No person may draw wages as a teacher, administrator, or other educational professional in any public school or other accredited school who does not have a valid certificate.
Source:
SDC 1939, §15.3807; SL 1955, ch 41, ch 16, §2; SDC Supp 1960, §15.3802; SL 1975, ch 128, §293; SL 1985, ch 129, §17; SL 1986, ch 122, §§1, 17; SL 1987, ch 29, §75; SL 1989, ch 153, §1; SL 1991, ch 20, §§17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SDCL §13-42-1; SL 2015, ch 98, §2.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-3 - Certification of educational professionals--Promulgation of Rules.

13-42-3. Certification of educational professionals--Promulgation of Rules.
The South Dakota Board of Education Standards shall promulgate rules, pursuant to chapter 1-26, to establish the requirements and criteria that an applicant shall meet in order to be issued a certificate by the secretary as a teacher, administrator, or other educational professional authorizing the holder of the certificate to accept a position in any elementary or secondary school in the grades and fields specified by the certificate. The rules shall specify the duration and the method of renewal, the amount of the fee for issuing the certificate, the application procedures and documentation requirements for certificates, the endorsements to certificates, the requirements for certification, the procedures for denial or nonrenewal of a certificate and disciplinary proceedings and assessment of costs, the procedures for requesting an inactive status and reinstatement, the procedures and costs for reinstatement of an invalid certificate, the definition of inactive certificate status, the procedures for processing applications and issuing certificates for military spouses, the procedures for granting reciprocity for any teacher who is certified to teach in another state and has completed an accredited teacher education program, and other procedures necessary for the administration of certification.
In addition to teacher certificate renewal based on academic coursework, the rules for teacher certificate renewal shall include guidelines and criteria by which an applicant may receive credit toward renewal based on private or public sector experience that was not obtained through academic coursework if the experience is related to the applicant's teaching field. Any change to a rule promulgated pursuant to this section that increases the educational requirements an applicant shall meet to qualify for a certificate shall be preceded by at least two years' notice before the effective date of the change. The two-year notice requirement does not apply to an increase in the application fee, which must comply with §§1-26-4.8 and 1-26-6.9.
Source:
SDC 1939, §15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, §§2, 4; SDC Supp 1960, §§15.3802, 15.3804; SDCL §13-42-5; SL 1973, ch 93, §2; SL 1975, ch 128, §295; SL 1985, ch 137; SL 1989, ch 153, §7; SL 1994, ch 131; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2013, ch 170, §9; SL 2015, ch 98, §3; SL 2016, ch 80, §4; SL 2017, ch 81, §57; SL 2020, ch 62, § 1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-4 - Issuance of certificates by secretary.

13-42-4. Issuance of certificates by secretary.
The authority to issue a certificate is vested in the secretary, and the certificate shall be issued, renewed, or validated to a person who has met the rules and requirements for the certificate as determined by the South Dakota Board of Education Standards.
Source:
SL 1955, ch 41, ch 16, §2; SDC Supp 1960, §15.3802; SL 1975, ch 128, §296; SL 2004, ch 17, §30; SL 2015, ch 98, §4; SL 2017, ch 81, §57.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-4.2 - Investigations by secretary.

13-42-4.2. Investigations by secretary.
The secretary may, upon receipt of information suggesting the failure of an applicant or certificate holder to comply with requirements necessary for certification, initiate and conduct an investigation. The secretary may also initiate and conduct an investigation in regard to a person subject to §13-43-59. In conducting the investigation, the secretary shall have the powers referenced in §1-26-19.1.
Source:
SL 2015, ch 98, §5.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-5.1 - Use of institute funds--Vouchers and warrants.

13-42-5.1. Use of institute funds--Vouchers and warrants.
The state institute fund shall be used for the purpose of writing and publishing bulletins, accreditation rules, and materials essential to the school systems of this state, and to support activities related to school accreditation and teacher training and retention, and as otherwise may be provided by law; and the state institute fund is hereby appropriated for such purposes and shall be paid out upon warrants drawn by the state auditor on duly itemized vouchers approved by the secretary of the Department of Education.
Source: SDC 1939, §15.3716; SL 1939, ch 48; SL 1947, ch 76; SL 1955, ch 41, ch 16, §4; SDC Supp 1960, §15.3804; SDCL §13-44-5; §
13-42-5
, as added by SL 1973, ch 93, §2; SL 1975, ch 128, §297; SL 2003, ch 272, §63; SL 2007, ch 107, §1; SL 2021, ch 73, § 17.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-6 - Oath or affirmation of allegiance required--Aliens excepted.

13-42-6. Oath or affirmation of allegiance required--Aliens excepted.
No certificate may be issued unless the applicant is a United States citizen and takes an oath or affirmation to support the Constitutions of the United States and of the State of South Dakota or unless the applicant is a legal alien. The department shall keep a copy of the oath on file. A legal alien employed by a school district is not required to file an oath or affirmation of allegiance. The secretary may administer the oath or affirmation required under this chapter.
Source:
SL 1955, ch 41, ch 16, §3; SDC Supp 1960, §15.3803; SL 1975, ch 128, §298; SL 1982, ch 148, §2; SL 1989, ch 30, §47; SL 1991, ch 20, §§17, 18; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §6.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-9 - Grounds for refusal to issue or renew certificate or for revocation or suspension.

13-42-9. Grounds for refusal to issue or renew certificate or for revocation or suspension.
The secretary may refuse to issue or renew, or may revoke or suspend, any certificate for:
(1)Incompetency;
(2)A determination by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission that a violation of the code of ethics established pursuant to §13-43-25 or 13-43-45 exists;
(3)Flagrant neglect of duty;
(4)Failure to fulfill any requirement for certification imposed pursuant to this chapter or chapter 13-43 and rules promulgated thereto;
(5)Moral turpitude, as defined in §22-1-2; or
(6)Any other cause specifically allowed by law.
Source: SL 1955, ch 41, ch 16, §§5, 10; SDC Supp 1960, §§15.3805, 15.3810; SDCL §13-43-9; SL 1969, ch 50; SL 1975, ch 128, §299; SL 1977, ch 138, §1; SL 1999, ch 91, §1; SL 2001, ch 88, §2; SL 2002, ch 92, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2010, ch 90, §1; SL 2015, ch 98, §8; SL 2022, ch 44, §1.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-10 - Suspension or refusal to issue or renew certificate for breach of contract.

13-42-10. Suspension or refusal to issue or renew certificate for breach of contract.
The secretary may suspend or refuse to issue or renew any certificate for a period not to exceed one year for breaking a contract with a school. However, the secretary may not suspend the certificate if the school board or governing body collects liquidated damages pursuant to the terms of the contract. In order to initiate proceedings pursuant to this section, the school board or governing body employing the certificate holder shall file a complaint pursuant to §13-42-12.
Source:
SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 1984, ch 123, §1; SL 1989, ch 153, §7; SL 1991, ch 20, §§17, 18; SL 2001, ch 87, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §9.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-11 - Mandatory revocation of certificate for disloyal conduct or refusal to take oath of allegiance.

13-42-11. Mandatory revocation of certificate for disloyal conduct or refusal to take oath of allegiance.
Any teacher who shall have publicly reviled, ridiculed, or otherwise spoken or acted with disrespect and contumacy toward the flag of the United States or its official uniforms or insignia, or toward the system of government of the United States and its Constitution, or shall refuse to take and subscribe the oath of allegiance required in §13-42-6 shall upon satisfactory proof of the commission of such offense have his certificate revoked by the secretary of the Department of Education.
Source:
SL 1955, ch 41, ch 16, §3; SDC Supp 1960, §15.3803; SL 2003, ch 272, §63.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-12 - Procedures for revocation or suspension of certificate.

13-42-12. Procedures for revocation or suspension of certificate.
Except as provided in §13-42-10, any person may initiate proceedings for the revocation or suspension of a certificate. A written complaint shall be filed with the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission. The complaint shall specify generally the nature and character of the charges, and within five days after filing, a copy of the complaint shall be served upon the certificate holder in person or by registered or certified mail addressed to the person's last known address. The certificate holder shall, within thirty days after the service of the complaint, file with the commission a written answer to the charges specified. The hearing shall be conducted consistent with the requirements of chapter 1-26. Each commission may promulgate rules, pursuant to chapter 1-26, to further define the standards and procedures for conducting hearings and for filing, investigating, and resolving complaints.
Source:
SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 1975, ch 128, §300; SL 1985, ch 138; SL 1985, ch 139, §16; SL 1989, ch 153, §7; SL 1994, ch 132, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2015, ch 98, §10.
2023 South Dakota Codified Laws › Title 13 - Education › Chapter 42 - Certification And Evaluation Of Teachers, Principals, And Superintendents › Section 13-42-14 - Private or public hearing--Appearance and production of evidence--Witnesses--Record of proceedings.

13-42-14. Private or public hearing--Appearance and production of evidence--Witnesses--Record of proceedings.
The hearing referenced in §13-42-12 may be either private or public, as the certificate holder may elect, and the certificate holder may appear in person or by counsel and produce evidence at the hearing. Each witness shall be sworn before testifying and the official conducting the hearing may administer the oath prescribed by law for witnesses in judicial proceedings. A record, in writing, shall be made of the proceedings and of all evidence produced at the hearing and shall be filed with the department upon conclusion of the hearing. The hearing shall be held in Pierre unless good cause is shown to justify moving the hearing to another location for the convenience of the parties and witnesses.
Source:
SL 1955, ch 41, ch 16, §6; SDC Supp 1960, §15.3806; SL 1985, ch 139, §18; SL 2010, ch 77, §19; SL 2015, ch 98, §12.