Title 13 — EDUCATION

Notwithstanding the provisions of chapter 5-24A , if the Board of Regents assesses a special student fee to students in order to lease personal computers for the use of those students at a university, the Board of Regents may, upon the expiration of the lease, acquire the compute…

There is hereby created a special fund known as the Board of Regents performance improvement fund. All money in the Board of Regents performance improvement fund is dedicated for the purposes of leveraging non-state grant funding for research infrastructure and improving postseco…

There is hereby established in the state treasury the federal grants and contracts fund. The Board of Regents and its institutions may accept and shall deposit into the fund any money received from grants, contracts, or cooperative agreements with federal government agencies. Any…

There is hereby established in the state treasury the other grants and contracts fund. The Board of Regents and its institutions may accept and shall deposit into the fund any money received from grants, contracts, or cooperative agreements with entities other than the federal go…

The collective bargaining provisions set forth in chapters 3-18 and 60-9A do not apply to any person employed by the Board of Regents or employed by an institution under the control of the Board of Regents, except for public employees at South Dakota Services for the Deaf and the…

Source: SDC 1939, § 15.0702; SL 1975, ch 128 , § 327; SL 2007, ch 109 , § 4; SL 2024, ch 19 , § 6. 13-49-5. Repealed by SL 1975, ch 128 , § 377

The Board of Regents must provide an annual presentation to the special committee, created pursuant to § 4-8A-2 , no later than November 1 each year, regarding letters of intent issued by the Joint Committee on Appropriations, or information requested by the special committee on …

Terms used in this section and § 13-49-42 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 gov…

The Board of Regents must disclose, in an annual report, any funding given by a foreign source, as defined in § 13-49-43, directly to the board or an institution under the board's control. The report must identify, for each instance of funding received by an institution during th…

13-49-6.1 Student regent appointed by Governor--Term of appointment--Voting member--Vacancy. 13-49-6.2

Before entering upon the duties of the office, each regent shall take and subscribe an oath or affirmation to support the Constitutions of the United States and of this state, and faithfully to discharge the duties of the office, which oath or affirmation shall be filed with the …

The Governor shall appoint a student regent, with the consent of the Senate, who shall participate in all board meetings, open and closed, and be compensated in the same manner as board members. The student regent must be a student of one of the public postsecondary educational i…

13-49-7 Meetings of board--Vote required for action--Minutes--Open to public. 13-49-8

Meetings may be held on the call of the president or by joint request of a majority of the members, due and reasonable notice always being given. The affirmative vote of a majority of the members of the Board of Regents is required to take official action. The Board of Regents sh…

13-49-10 Appointment of executive director--Qualifications--Supervision by board. 13-49-10.1

At the annual meeting of the board, there shall be elected from among the members a president, whose term of office shall be for one year. Source: SDC 1939, § 15.0705; SL 1945, ch 49 ; SL 1955, ch 293 , § 1; SL 2007, ch 109 , § 9.

A regent who has served two consecutive terms may be reappointed if at least two years have passed since the expiration of the regent's last term. Any partial term to fill a vacancy on the board may not count against the two-term limit. This section does not apply to the student …

13-49-6.2. Repealed by SL 2007, ch 109 , § 7.

The Board of Regents of this state is hereby expressly prohibited from erecting any buildings or structures or maintaining and equipping such buildings, or making any lease or lease - purchase payments for any purposes authorized in § 13-51-2 without the approval of the Legislatu…

Notwithstanding any other provisions of law, the Board of Regents may enter into a lease agreement with the Capital University Center Foundation and Advisory Board for the lease of a site in Pierre, South Dakota, to be used for the delivery of public higher education programs. Al…

Source: SL 2008, ch 85 , § 2; SL 2021, ch 80 , § 1; SL 2022, ch 47 , § 3.

The expenditures authorized by chapter 106 of the 2006 Session Laws must be solely for the purposes of providing a site for the operation of instructional, research, and service programs delivered through institutions established by the Legislature and governed by the Board of Re…

Commencing in 2017 and every year thereafter, the provisions of § 13-51-1.3 shall be reviewed by the Government Operations and Audit Committee. The committee shall review the appropriateness of the provisions of § 13-51-1.3 and make recommendations to the Legislature regarding an…

The Board of Regents may provide for the construction, development, maintenance, and operation of a research park on the property in Sioux Falls acquired pursuant to chapter 106 of the 2006 Session Laws. All limitations imposed by § 13-51-1.3 upon the use of University Center lan…

The Board of Regents may enter into a lease-purchase agreement to acquire agricultural property in Moody County for the use and benefit of the South Dakota State University Agricultural Experiment Station. The lease may have a term not to exceed fifteen years, and an annual lease…

When the Board of Regents shall deem it necessary to condemn any private property for the purpose of erecting or repairing any building or buildings or extending grounds and premises of any of the educational institutions of the state of which it has control, such board shall, by…

The Board of Regents is authorized to expend from any appropriation of money for the construction of any public building that may lawfully be constructed under its supervision, or from any appropriation made for such purpose, sufficient funds to purchase and secure such protectio…

The Board of Regents may permit the moving to other locations, or the dismantling, or sale of structures other than principal classroom, administrative, physical plant, recreational, research, or bonded revenue project buildings if the board considers such action to be in the bes…

13-51-15 Long range financing plan required for improvements financed by private donations--Establishing endowments. 13-51-16 Real property transfer to South Dakota State University Growth Partnership, Ltd.. 13-51-17 Real property to be used for research park. 13-51-18 Reversion …

Any net receipts from the sale of structures shall be deposited in the education facilities fund provided for in §

Where a capital improvement is to be primarily financed by private donations, the Board of Regents shall require the institution at which the construction will take place to develop a long - range financing plan to detail how the institution will fund projected operating, mainten…

Notwithstanding any provisions of law to the contrary, upon the request of the Board of Regents and the Governor, the Commissioner of School and Public Lands shall transfer title to up to twenty-five acres of the following real estate located in Brookings County and any related p…

Any transfer of real property pursuant to § 13-51-16 shall be contingent on the land being used for the activities of a primary tenant of a research park, as defined by §

Should any real property transferred pursuant to § 13-51-16 cease to be used for two consecutive years for the purpose stated in § 13-51-17 , the title to such real property and any related personal improvements located on the property shall revert to the Board of Regents for the…

Any deed transferring title pursuant to § 13-51-16 shall contain the restrictions necessary to effectuate the requirements of §§ 5-2-12 , 13-51-17 , and

There is continued an educational facilities fund in the state treasury from which the Board of Regents may make expenditures, relating only to institutions of higher education under its jurisdiction, to: (1) Make lease payments to the South Dakota Building Authority for projects…

13-51-5 Separate institutional funds in treasury for self-liquidating projects. 13-51-6 Identification of funds for self-liquidating projects--Consolidation of funds for institution. 13-51-7 Institutional accounting for individual project funds--Reconciliation with consolidated f…

It shall be the duty of the Board of Regents, and the board has the power and authority, to consider the needs for new facilities or for the complete renovation of existing structures, at institutions of higher education under the jurisdiction of such board, and to make recommend…

The state treasurer may establish separate funds for each of the state institutions under the supervision of the Board of Regents for which the Board of Regents has or may hereafter issue self - liquidating revenue bonds to provide funds for the construction of self - liquidating…

When established pursuant to § 13-51-5 , each separate fund shall bear the name of the institution and shall be further identified by such other descriptive terminology as may be proper and conform to contracts regarding self - liquidating projects executed by the Board of Regent…

Upon establishment of accounts pursuant to § 13-51-5 , each institution shall keep and maintain accounting records of each individual project in such manner that each project is separately identified. The fund records of each of the several project funds shall, at all times, be r…

In the event any of said self - liquidating revenue bond projects now are or hereafter become subject to contract or loan agreement with the United States of America Housing and Home Finance Administrator or his successor, before establishing any such consolidated accounts, for e…

The Board of Regents, with the approval of the Governor and commissioner of the Bureau of Finance and Management, in connection with "self - liquidating" dormitory, dining hall, and student union building projects, may combine such projects or facilities, on an institutional basi…

The Board of Regents, with the approval of the Governor and commissioner of the Bureau of Finance and Management, may provide for the issuance, sale, or exchange of refunding bonds for the purpose of redeeming or retiring any revenue bonds previously issued in connection with "se…

13-51-10 Resolution for condemnation of private property--Proceedings. 13-51-11 Protection from fire loss of buildings in construction. 13-51-12 Moving or disposal of certain structures authorized by regents. 13-51-13

The Board of Regents shall have power to condemn private property for public use, to the extent herein provided, when the Legislature has appropriated money for such purpose; and the term "private property" as used in this section and § 13-51-10 shall include that portion of any …

Terms used in this chapter mean: (1) "Acquire," to purchase, erect, build, construct, reconstruct, complete, repair, replace, alter, extend, better, equip, develop, and improve a project, including the acquisition and clearing of a site or sites therefor; (2) "Board," the Board o…

The notes may be executed by the president of the board, shall be attested by the secretary and be sealed with the board's corporate seal. Source: SL 1971, ch 134 , § 4 (D).

Such notes shall be sold in such manner and at such price as the board shall by resolution determine. Source: SL 1971, ch 134 , § 4 (D).

Contemporaneously with the issue of revenue bonds as provided by this chapter, all interim notes, even though they may not then have matured, shall be paid, both principal and interest to date of payment, from the funds derived from the sale of revenue bonds for the permanent fin…