Title 13, EDUCATION

For each designated beneficiary, the balance in the qualified tuition program may not exceed the limits as defined in section 529 of the Internal Revenue Code. If the financial institution determines that a contribution would cause the account balance limit to be exceeded, the fi…

If there is any distribution from an account to any person or for the benefit of any person during a calendar year, the distribution shall be reported to the Internal Revenue Service and the account owner or the designated beneficiary to the extent required by federal law. Source…

The financial institution shall provide statements to each account owner annually within thirty - one days after the twelve - month period to which they relate. The statement must include a minimum of the beginning balance; all contributions made during the preceding twelve - mon…

Statements and information returns relating to accounts shall be prepared and filed to the extent required by federal or state tax law. Source: SL 2001, ch 97 , § 24.

A state or local government or organizations described in section 501(c)(3) of the Internal Revenue Code and related regulations may open and become the account owner of an account to fund scholarships for persons whose identity will be determined after an account is opened. In t…

Any social security numbers, taxpayer identification numbers, addresses, or telephone numbers of account holders and designated beneficiaries that come into the possession of the council are confidential, are not public records, and may not be released by the council except as re…

Any student loan program, student grant program, or other financial assistance program established or administered by this state or by a state supported educational institution shall treat the balance in an account of which the student is a designated beneficiary as if it were an…

Nothing in this chapter: (1) Gives any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner; (2) Guarantees that a designated beneficiary will be admitted to an eligible education institution or be a…

Nothing in this chapter establishes any obligation of this state or any agency or instrumentality of this state to guarantee for the benefit of any account owner, contributor to an account, or designated beneficiary any of the following: (1) The return of any amounts contributed …

The council may implement the program through the use of one or more financial institutions to act as the depositories and managers. Under the program, persons may establish accounts through the program at a depository. The council may solicit proposals from financial institution…

Every contract, application, deposit slip, or any other document that may be used in connection with a contribution to an account shall clearly indicate, in a typeface and a location that are readily visible, that the account is not insured by this state and neither the principal…

The council shall submit an annual report to the speaker of the House of Representatives, the president pro tem of the Senate, and the Governor by February first that summarizes the council's findings and recommendations concerning the program established by this chapter. Source:…

The council, its members, the state investment officer, and the employees of the Division of Investment personally are immune from any and all liability for actions taken in good faith in the discharge of the council's responsibilities under the program. Source: SL 2003, ch 112 ,…

The council may enter into a contract with any financial institution selected to serve as a program manager and depository. The contract may include terms and conditions, not contrary to federal or state law, as agreed to by the parties. Source: SL 2001, ch 97 , § 4; SL 2022, ch …

A program manager shall: (1) Take all action required to keep the program in compliance with the requirements of this chapter, the rules promulgated by the council pursuant to chapter 1-26 , and any contract with the council to manage the program so that the program is treated as…

Any contract executed between the council and a financial institution pursuant to this chapter shall be for a term of at least three years and not more than seven years. Source: SL 2001, ch 97 , § 6.

If a contract executed between the council and a financial institution pursuant to this chapter is not renewed, all of the following conditions apply at the end of the term of the nonrenewed contract: (1) Accounts previously established and held in investment instruments at the f…

The council may terminate a contract with a financial institution at any time for good cause. If a contract is terminated, the council shall take custody of accounts held at that financial institution and shall seek to promptly transfer the accounts to another financial instituti…

The program must be operated through the use of accounts. An account may be opened by any person who desires to save to pay the qualified higher education expenses of an individual by satisfying each of the following requirements: (1) Completing an application in the form prescri…

Any school board may create, establish, and supervise the arming of school employees, hired security personnel, or volunteers in such manner and according to such protocols as the board may believe to be most likely to secure or enhance the deterrence of physical threat and defen…

Voters signing a referendum petition under § 13-64-7 shall comply with the same requirements provided for counties under § 7-18A-11 , and the petition shall be verified in the same manner as provided for counties in § 7-18A-12 . Source: SL 2013, ch 93 , § 12.

The election shall be held with the regular school district election. Source: SL 2013, ch 93 , § 13.

The business manager of the school district shall have the entire referred decision published once a week for two successive weeks immediately preceding the election. The publication shall include a notice stating the date of election. Source: SL 2013, ch 93 , § 14.

The business manager of the school district shall have ballots printed for the vote upon the referred school board decision and have them distributed as other official ballots are distributed. Such ballots shall conform as near as may be to the law governing the submission of que…

No referred school board decision regarding the school sentinel program becomes operative unless approved by a majority of the votes cast for or against the same. If approved, the decision shall take effect upon completion of the canvass of the election returns relating to the sc…

No law enforcement officer or county sheriff, nor the Law Enforcement Officers Standards Commission, Division of Criminal Investigation, Office of Attorney General, the State of South Dakota, nor any agents, employees, or members thereof, is liable for any injury caused by, relat…

Nothing in this chapter shall be deemed to waive the sovereign immunity of the public entities of the State of South Dakota or of their employees. Source: SL 2013, ch 93 , § 18.

Before any school board may implement any school sentinel program pursuant to § 13-64-1 , or effect any material changes in the personnel or protocols of the school sentinel program, the school board shall obtain the approval of the law enforcement official who has jurisdiction o…

Any person who acts as a school sentinel, pursuant to § 13-64-1 , shall first successfully complete a school sentinel training course as defined by the Law Enforcement Officers Standards Commission pursuant to subdivision 23-3-35(16). Source: SL 2013, ch 93 , § 3.

No school board, in implementing the provisions of § 13-64-1 , may arm any individual teacher or other school employee without the latter's free, willing, and voluntary consent. No individual teacher or other school employee may be censured, criticized, or discriminated against f…

No provision of § 13-32-7 or any other provisions of state statute is effective to restrict or limit the provisions of this chapter. However, nothing in this chapter authorizes any person to carry a concealed weapon without a valid permit. Source: SL 2013, ch 93 , § 5.

The failure or refusal of any school board to implement a school sentinel program does not constitute a cause of action against the board, the school district, or any of its employees. Source: SL 2013, ch 93 , § 6.

A decision by a school board to implement a school sentinel program pursuant to § 13-64-1 may be referred to a vote of the qualified voters of the school district by the filing of a petition signed by five percent of the registered voters in the school district, based upon the to…

A petition to refer a school board decision pursuant to § 13-64-7 may be filed with the business manager of the school district within twenty days after its publication. The filing of the petition shall require the submission of the decision to a vote of the qualified voters of t…

The petition shall contain the school board decision regarding the school sentinel program and the date of its passage. Source: SL 2013, ch 93 , § 11.

Terms 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," the…

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.

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…

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.

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 …

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…

Any company may claim a premium tax credit as provided in § 13-65-2 to reduce quarterly payments required by § 10-44-2 . Claims for tax credits on quarterly payments shall be reported to the Division of Insurance on a form prescribed by the director. Pursuant to § 13-65-8 , a com…

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.

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…

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…

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…