Title 13 — EDUCATION
92 chapters · 1,687 sections in this title.
SDCL 10-44-9
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Source: SL 2016, ch 102 , § 2; SL 2019, ch 97 , § 2.
SDCL § 13-65-1 Definitions
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Terms, as used in this chapter, mean: (1) "Certified enrollment," the K-12 enrollment data required to be submitted to the Department of Education by an accredited school by October fifteenth of each year and published by the department on the department's website; (2) "Division,…
SDCL § 13-65-10 Financial review or audit
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The auditor general may conduct either a financial review or audit of the scholarship granting organization if it possesses evidence of fraud. Source: SL 2016, ch 102 , § 10.
SDCL § 13-65-11 Applicability of chapter
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For the 2024-2025 school year and 2025 fiscal year tax credits, each scholarship granting organization shall: (1) File the report required by § 13-65-4 by July 1, 2024; and (2) Complete all participation agreements required by § 13-65-4.1 by July 1, 2024. The division shall autho…
SDCL § 13-65-12 Regulatory authority over nonpublic schools not expanded
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The program established pursuant to this chapter does not expand the regulatory authority of the state or the state's officers to impose additional regulation of nonpublic schools beyond those necessary to enforce the requirements of this chapter. Source: SL 2016, ch 102 , § 12.
SDCL § 13-65-2 Partners in education tax credit program established
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The partners in education tax credit program is hereby established. Through the program, any company that is liable to pay the insurance company premium and annuity tax, pursuant to § 10-44-2 , may claim credit for contributions made to the scholarship granting organization. The …
SDCL § 13-65-3 Limit on tax credits
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Notwithstanding the provisions of § 13-65-2 , the total amount of tax credits claimed on annual premium tax returns pursuant to this chapter may not exceed five million dollars in fiscal year 2025 and each year thereafter. Source: SL 2016, ch 102 , § 3; SL 2022, ch 50 , § 2; SL 2…
SDCL § 13-65-3.1 Tax credits reducing quarterly payments
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Any company may claim a premium tax credit as provided in § 13-65-2 to reduce quarterly payments required by §
SDCL § 13-65-3.2 Tax credits--Maximum allowable
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The division shall authorize the maximum allowable allocation of tax credits for each scholarship granting organization pursuant to § 13-65-3.3 for each calendar year, by January first of each calendar year. Source: SL 2024, ch 66 , § 5.
SDCL § 13-65-3.3 Tax credits--Calculation of maximum allowable
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The division shall calculate the maximum allowable contributions eligible for a premium tax credit for each scholarship granting organization for each fiscal year by: (1) Dividing the total certified enrollment of all qualifying schools in a participation agreement with the schol…
SDCL § 13-65-4 Requirements for scholarship granting organizations
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Each scholarship granting organization shall: (1) Annually notify the division of its intent to provide educational scholarships to eligible students attending qualifying schools; (2) Demonstrate to the division that it has been granted exemption from the federal income tax pursu…
SDCL § 13-65-4.1 Participation agreement--Requirements
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A qualifying school electing to accept scholarships from a scholarship granting organization may only enter into a participation agreement with one scholarship granting organization each school year. A participation agreement for the next school year must be completed each year b…
SDCL § 13-65-5 Annual financial information reports
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The scholarship granting organization shall demonstrate financial accountability by annually submitting to the auditor general a financial information report that complies with uniform financial accounting standards and is the result of an audit conducted by a certified public ac…
SDCL § 13-65-6 Responsibilities of eligible students and their parents
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The responsibilities of an eligible student and an eligible student's parent in participating in the program include the following: (1) An eligible student's parent shall select a qualifying school and apply for admission of the eligible student; (2) An eligible student participa…
SDCL § 13-65-7 Promulgation of rules
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The secretary of the Department of Labor and Regulation shall promulgate rules, pursuant to chapter 1-26 , establishing annual timelines for the notifications, verifications, and other procedures required of the insurance companies seeking a tax credit pursuant to §
SDCL § 13-65-8 Receipts for contributions--Reporting of each contribution
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The division shall provide a standardized format for a receipt to be issued by the scholarship granting organization to a company to indicate the value of a contribution received. The division shall require a company to provide a copy of this receipt when claiming the tax credit …
SDCL § 13-65-9 Annual report of contributions
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The division shall provide a standardized format for the scholarship granting organization to report the information in subdivision 13-65-4(10). Any information provided relating to the identity of a taxpayer that provides an eligible contribution pursuant to this chapter shall r…