Title 13 — EDUCATION

However, the absence of any action does not prevent the Legislature from approving such plans pursuant to §

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, inclu…

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.

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.

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.

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.

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 highes…

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 §

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 sys…

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.

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 …

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 healt…

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 c…

The board may enter into and perform the agreements described in §

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 …

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, c…

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 operati…

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,…

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 provid…

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 i…

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 fo…

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 th…

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.…

No more than six members of the board may be members of the same political party. Source: SL 2017, ch 81 , § 3.

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 a…

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 colle…

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 …

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 mon…

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 instit…

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 publi…

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 initia…

No board member may serve more than three consecutive terms on the distinct separate LEA board as provided in §

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 positi…

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 noti…

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.

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…

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; …

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 …

Except as otherwise provided in § 13-39A-44 , neither the South Dakota Board of Technical Education nor any institution under the control of the board may restrict or limit the lawful carrying, possession, storage, or transportation of: (1) A concealed pistol, as defined in § 22-…

The South Dakota Board of Technical Education or an institution under the control of the board may restrict or limit the lawful carrying or possession of any item referenced in subdivision (1), (2), or (3) of § 13-39A-43 : (1) In a clearly designated portion of a building or stru…

Terms used in this section and § 13-39A-46 mean: (1) "Foreign entity," any organization that is: (a) Registered outside of the United States or its territories; (b) More than ten percent owned by a foreign government or foreign person; or (c) Owned, to any extent, by a foreign go…

The South Dakota Board of Technical Education must disclose, in an annual report, any funding given by a foreign source, as defined in § 13-39A-45 , directly to the board or an institution under the board's control. The report must identify, for each instance of funding received …

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 coun…

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 …

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.

Each member of the board shall be paid per diem compensation and allowable expenses for the member's service on the board pursuant to §

No employee of a technical college may be a member of the board. Source: SL 2017, ch 81 , § 9; SL 2020, ch 61 , § 3.