Title 13, EDUCATION

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.

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 …

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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 …

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 § 13-53-21 . Source: SL 1970, ch …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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, § …

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…

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 § 13-53-30 . Source: SL 1996, ch 1…

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.

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…

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…

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.

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 § 13-53-34 . Source: SL 1996, ch 130 , § 13.

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.

The Board of Regents shall provide for appeals by students of residency determinations. Source: SL 1996, ch 130 , § 15.

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…

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…

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…

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.

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.

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…

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…

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…

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…

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…

13-53-47 and 13-53-48 . Terms in §§ 13-53-47 and 13-53-48 mean: (1) "Public or private postsecondary educational institution" or "institution," any entity permitted to offer postsecondary education credits or degrees in South Dakota under § 13-49-27.1 ; (2) "Student," any person …

Any student entering a public or private postsecondary education institution in this state for the first time after July 1, 2008, shall, within forty-five days after the start of classes, present to the appropriate institution certification from a licensed physician that the stud…

The institution shall require that the documentation from the student, provided for by § 13-53-47 , be submitted within forty-five days after the start of classes. Source: SL 2007, ch 119 , § 3.

As used in §§ 13-53-49 to 13-53-53 , inclusive: (1) "Expressive activity," protected under the provisions of §§ 13-53-49 to 13-53-53 , inclusive, includes any lawful noncommercial verbal or written means by which one person communicates ideas to another, and includes peaceful ass…