Title 13 — EDUCATION
92 chapters · 1,687 sections in this title.
SDCL § 13-53-1 Departments and courses of study--Textbooks--Admission and graduation requirements
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The Board of Regents may establish the departments and courses of study, in the institutions under its control, as it thinks best, to determine what textbooks shall be used, what requirements for the admission and graduation of students shall be maintained. Source: SDC 1939, § 15…
SDCL § 13-53-1.1 Draft registration compliance as prerequisite to enrollment--Statement of registration compliance
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No male person born after December 31, 1959, may enroll at any state - supported college or university until such person has filed with the institution a statement of registration compliance. In such a statement of registration compliance, the person shall certify, under oath, ei…
SDCL § 13-53-1.2 Form for statement of registration compliance--Inclusion in application
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The Board of Regents shall prescribe the form for the statement of registration compliance provided by § 13-53-1.1 and shall insure that the statement of registration compliance be included in applications for all new and transfer students. Source: SL 1988, ch 159 , § 2.
SDCL § 13-53-1.3 Postsecondary institutions may offer elective course in American sign language
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Any postsecondary educational institution controlled by the State Board of Regents may offer an elective course in American sign language according to policy adopted by the Board of Regents. Source: SL 1991, ch 148 , § 4.
SDCL § 13-53-11 Federal funds and institutional endowment income paid to state treasurer--Credit to institution
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Money received for the use and benefit of any of the educational institutions under the control of the Board of Regents from the United States, or from interest on the permanent funds or from leases of land granted to the State of South Dakota in trust for the use and benefit of …
SDCL § 13-53-14 Institutional officer appointed to receive fees and charges--Payment into treasury
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All money received by such institution for rents of state owned dormitories, tuition, or other fees authorized by the board, except such rents, fees, and other moneys specifically authorized to be placed in other funds, or from articles, products, or materials sold by its authori…
SDCL § 13-53-15 Receipt by state treasurer of institutional moneys--Distribution
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The state treasurer shall receive and receipt all money arising from any of the educational institutions under the control of the Board of Regents. Any tuition collected pursuant to § 13-53-6 shall be deposited eighty-eight and one-half percent into the tuition and fees fund whic…
SDCL § 13-53-15.1 SDCL 13-53-15.1
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Repealed by SL 1996, ch 131 , § 1 13-53-15.2
SDCL § 13-53-15.2 Repealed by SL 1983, ch 137 , § 2 13-53-15.3 Medical school funds
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13-53-16
SDCL § 13-53-15.3 Medical school funds
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Notwithstanding the provisions of § 13-53-15 , medical school deposits into the higher education facilities fund shall equal eleven and one-half percent of the medical school tuition and fee revenue minus one hundred seventy-five thousand dollars. Source: SL 1984, ch 132 ; SL 199…
SDCL § 13-53-16 Repealed by SL 1983, ch 29 , § 10 13-53-17 Expenditure of federal funds limited to amounts received during year--Approval of budget excesses
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13-53-18 Board approval of expenditures required--Indebtedness limited to available funds--Expenditures limited by legal purposes. 13-53-19 Delegation of authority for expenditures to institutional officer--Bond--Method of expenditures and purposes. 13-53-20 Examination of vouche…
SDCL § 13-53-17 Expenditure of federal funds limited to amounts received during year--Approval of budget excesses
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The expenditure of moneys for programs or activities financed from any moneys or grants received from the United States shall be limited to the amounts of receipts received for such purposes during a fiscal year and any amounts received during a fiscal year in excess of federal m…
SDCL § 13-53-18 Board approval of expenditures required--Indebtedness limited to available funds--Expenditures limited by legal purposes
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Except as provided in § 13-53-19 , expenditures shall be made only by express authority of the Board of Regents first obtained, and no indebtedness shall ever be permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall,…
SDCL § 13-53-19 Delegation of authority for expenditures to institutional officer--Bond--Method of expenditures and purposes
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The Board of Regents may by resolution delegate the authority described in § 13-53-18 to an officer or employee of the institution for which the expenditure is to be made who has furnished to the State of South Dakota a good and sufficient bond respecting such duties, which deleg…
SDCL § 13-53-2 Unnecessary duplication of departments and facilities prohibited
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The Board of Regents is expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in multiplication, except where the obvious needs of the special work of the school make such multiplication necessary. Source: SDC 1939, § 15.071…
SDCL § 13-53-20 Examination of vouchers and claims by state auditor--Issuance and transmittal of warrant
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Whenever a properly authenticated voucher approved by the Board of Regents, or officer or employee with unrevoked delegated authority under § 13-53-19 , is presented to the state auditor, it shall be his duty to audit and adjust the same, and, for the sums which shall be found du…
SDCL § 13-53-21 Insurance against loss or damage to educational materials and equipment at institutions
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The State Board of Regents is hereby empowered and authorized to procure insurance protecting the books, manuscripts, papers, periodicals, records, computers, television equipment, equipment used for instructional or research purposes, and works of art, owned by the State of Sout…
SDCL § 13-53-22 Institutions named as insured in policies
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Policies of insurance purchased by the State Board of Regents pursuant to the authority granted in § 13-53-21 shall in each instance name as insured the state institution which uses or at which is located the particular property covered by such insurance. Source: SL 1970, ch 129 …
SDCL § 13-53-23 Payment of insurance premiums
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The State Board of Regents is hereby empowered and authorized to expend from any funds available for college and university operations sufficient amounts to pay the costs of premiums of any insurance purchased pursuant to the authority granted in §
SDCL § 13-53-23.1 Residence defined
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For the purpose of §§ 13-53-23 to 13-53-41 , inclusive, residence, means the place where a person has a permanent home, at which the person remains when not called elsewhere for labor, studies, or other special or temporary purposes, and to which the person returns at times of re…
SDCL § 13-53-24 Twelve-month residency requirement to qualify as resident student
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A person entering the state from another state or country does not at that time become a resident for the purposes of §§ 13-53-23 to 13-53-41 , inclusive, unless, except as provided in §§ 13-53-29 to 13-53-29.2 , inclusive, the person is a resident for twelve months in order to q…
SDCL § 13-53-25 Residence in state for sole purpose of attending institution of higher education not counted for residency requirement
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Physical presence in South Dakota for the predominant purpose of attending a college, university, or other institution of higher education does not count in determining the twelve - month period of residence. Absence from South Dakota for such purpose does not deprive a person of…
SDCL § 13-53-26 Twelve months of residency must immediately precede first day of classes
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A person shall be classified as a resident student if the person has continuously resided in South Dakota for at least twelve consecutive months immediately preceding the first scheduled day of classes of the semester or other session in which the individual registers in the rege…
SDCL § 13-53-27 Residence of unemancipated person for purpose of higher education
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The residence of an unemancipated person under twenty-four years of age follows that of the parents or of a legal guardian who has actual custody of the person or administers the property of the person. In the case of divorce or separation, if either parent meets the residence re…
SDCL § 13-53-28 Board of Regents approval required when guardian residence basis of residency and predominant purposes is for education
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If the person comes from another state or country for the predominant purpose of attending a postsecondary regental institution, the person may not be admitted to resident student status upon the basis of the residence of a guardian in fact, except upon appeal to the Board of Reg…
SDCL § 13-53-29 Exception to twelve-month residency requirements
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An unemancipated person may be classified as a resident student without meeting the twelve-month residence requirement within South Dakota if the person's presence in South Dakota results from the establishment by the person's parents of their residence within the state and if th…
SDCL § 13-53-29.1 Resident tuition--Veterans--Armed forces personnel--Spouse or child
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The following are classified as resident students without having to meet the twelve-month residency requirement within South Dakota pursuant to § 13-53-24 : (1) Any person who is a veteran as defined in § 33A-2-1 or 33A-2-2 ; (2) Any person who is an active duty member of the arm…
SDCL § 13-53-29.2 Recipient of veteran's educational benefits exempt from twelve-month residency requirement
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Any person living in the state shall be classified as a resident student without meeting the twelve-month residency requirement within South Dakota pursuant to the provisions of § 13-53-24 if the person receives veteran's educational benefits pursuant to the provisions of chapter…
SDCL § 13-53-3 Economy considered in administration of schools--Unification of work
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The board shall, at all times, so administer the schools as to enable each one of them to do in the best manner its own specific work, with a view to the strictest economy, and so as to unify and harmonize the entire work of all the schools under its control. Source: SDC 1939, § …
SDCL § 13-53-30 Reclassification of residence status upon removal of parents' residence
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If it appears that the parents of a person properly classified as a resident student under the provisions of § 13-53-29 have removed their residence from South Dakota, the person shall be reclassified to the status of nonresident unless the parents have been residents for the twe…
SDCL § 13-53-31 Residence classification to remain with continuous enrollment
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A person once properly classified as a resident student shall be deemed to remain a resident student so long as remaining continuously enrolled in the regental system until the person's degree shall have been earned, subject to the provisions of §
SDCL § 13-53-32 Affect of foreign citizenship on residence status
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The foreign citizenship of a person is not a factor in determining resident student status if the person has legal capacity to remain permanently in the United States. Source: SL 1996, ch 130 , § 10.
SDCL § 13-53-33 Exemption from nonresident tuition and fees for nonresident student
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A person classified as a nonresident student may show that the person is exempt from paying the nonresident tuition and fees by clear and convincing evidence that the person has been a resident, as provided by § 13-53-24 , prior to the first scheduled day of classes of the semest…
SDCL § 13-53-34 Factors relevant to change in nonresident status and predominant purpose for physical presence in state
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The following factors are relevant in evaluating a requested change in a student's nonresident status and in evaluating whether the person's physical presence in South Dakota is for the predominant purpose of attending a college, university, or other institution of higher educati…
SDCL § 13-53-34.1 Reclassification to resident status upon marriage to state resident
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The Board of Regents shall reclassify any nonresident student to the status of resident student upon timely proof of marriage of the student to a resident of South Dakota. Source: SL 2013, ch 89 , § 4.
SDCL § 13-53-35 Affect of paying taxes and voting on residence status
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The fact that a person pays taxes and votes in the state does not in itself establish residence, but shall be considered as provided in §
SDCL § 13-53-36 Burden of proof in claim to resident student status
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The Board of Regents shall classify each student as resident or nonresident and may require proof of all relevant facts. The burden of proof is upon the student making a claim to a resident student status. Source: SL 1996, ch 130 , § 14.
SDCL § 13-53-37 Appeal of residency determination
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The Board of Regents shall provide for appeals by students of residency determinations. Source: SL 1996, ch 130 , § 15.
SDCL § 13-53-38 Authority of board to grant resident status in unusual circumstances
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The Board of Regents may classify a student who does not meet the requirements of §§ 13-53-23 to 13-53-41 , inclusive, as a resident student, if the student's situation presents unusual circumstances and the student's classification is within the general scope of §§ 13-53-23 to 1…
SDCL § 13-53-39 Penalties for fraud or deceit by student in applying for resident status
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A student or prospective student who knowingly provides false information or refuses to provide or conceals information for the purpose of improperly achieving resident student status is subject to the full range of penalties, including expulsion, provided for by the Board of Reg…
SDCL § 13-53-4 Rules and regulations for management of institutions
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The Board of Regents shall have power to enact and enforce all rules and regulations, not in conflict with any law, and deemed necessary by it for the wise and successful management of the institutions under its control and for the government of students and employees therein. So…
SDCL § 13-53-40 Suspension for failure to pay additional money due because of nonresident status
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A student who does not pay additional moneys which may be due because of the student's classification as a nonresident student within thirty days after demand, shall be indefinitely suspended. Source: SL 1996, ch 130 , § 18.
SDCL § 13-53-41 Waiver of overpayment of tuition and fees for failure to timely appeal
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A student or prospective student who fails to request resident status within a particular semester or session and to pursue a timely appeal shall be deemed to have waived any alleged overpayment of tuition and fees for that semester or session. Source: SL 1996, ch 130 , § 19.
SDCL § 13-53-41.1 Resident status of graduates of high school operated by Bureau of Indian Affairs
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Notwithstanding the provisions of §§ 13-53-23.1 to 13-53-41 , inclusive, any student who is a graduate of an accredited high school operated by the United States Bureau of Indian Affairs in this state is entitled to resident classification for the purposes of postsecondary educat…
SDCL § 13-53-41.2 Repealed
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Source: SL 2006, ch 87 , § 1; SL 2015, ch 107 , § 3; SL 2021, ch 81 , § 2.
SDCL § 13-53-42 Loss of eligibility for intercollegiate extracurricular competition upon controlled substance violation
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Any person who has been determined by a court of competent jurisdiction to have possessed, used, or distributed controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law while enrolled at a South Dako…
SDCL § 13-53-43 Transfer of credits--General education
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All general education course credit hours fulfilling graduation requirements in institutions accredited by the North Central Association of Colleges and Secondary Schools accrediting agency shall be transferable between the universities under the control of the Board of Regents a…
SDCL § 13-53-44 Technical colleges--Transfer of credits
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Commencing July 1, 1999, technical colleges governed by the Board of Technical Education and accredited by the North Central Association of Colleges and Secondary Schools and universities governed by the Board of Regents and accredited by the North Central Association of Colleges…
SDCL § 13-53-45 Confidentiality of information--Restrictions
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The Board of Regents shall treat all information disclosed pursuant to §§ 13-28-50 and 13-53-45 as confidential and subject to the same restrictions that apply to personally identifiable information involving any student enrolled in the universities or special schools. Source: SL…
SDCL § 13-53-46 SDCL 13-53-46
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Definition of terms in §§ 13-53-47 and