Title 13 — EDUCATION

The Board of Regents may provide for the care of a child who is either partially or totally blind and whose parent or guardian is indigent or unable to provide proper care, in any institution suitably equipped for the care of such child and until such child has reached the age of…

Source: SDC 1939, § 55.4103; SL 1953, ch 296 , § 3; SL 1975, ch 128 , § 374.

South Dakota Services for the Deaf is under the control of the Board of Regents and must be maintained and managed to provide assistance and audiology and outreach services to persons entitled to the benefits of a school for the deaf. Source: SDC 1939, § 55.4101; SL 1953, ch 296 …

13-62-12 Use of moneys and property. 13-62-13 Annual operating period. 13-62-14 Rules--Governance and operation. 13-62-15 Lease of buildings--Conditions.

Transportation shall be as provided in §

The Board of Regents shall ensure the proper allocation of any money, effects, and property received for the use and benefit of South Dakota Services for the Deaf. Source: SDC 1939, § 55.4102 (4); SL 1953, ch 296 , § 2; SL 2023, ch 62 , § 16.

The Board of Regents shall establish the annual operating period of South Dakota Services for the Deaf. Source: SDC 1939, § 55.4102 (5); SL 1953, ch 296 , § 2; SL 1975, ch 128 , § 375; SL 2023, ch 62 , § 17.

The Board of Regents shall promulgate rules, in accordance with chapter 1-26 , for the governance and operations of South Dakota Services for the Deaf. Source: SDC 1939, § 55.4102 (6); SL 1953, ch 296 , § 2; SL 1975, ch 128 , § 376; SL 2023, ch 62 , § 18.

The Board of Regents may lease, for commercial purposes, portions of buildings that are not regularly and actively used by South Dakota Services for the Deaf. The purposes, terms, and conditions of each lease must be economical and consistent with the stewardship of public proper…

The Board of Regents shall employ staff necessary to meet the needs of those persons entitled to benefits through South Dakota Services for the Deaf. The administrator shall have knowledge concerning the educational needs of students with sensory disabilities. The administrator s…

The administrator shall give a bond to the state in an amount fixed by the Board of Regents, for the faithful discharge of duties. The bond must be approved, recorded, and filed in the same manner as the bonds of state officers. Source: SDC 1939, § 55.4102 (2); SL 1953, ch 296 , …

The Board of Regents shall prescribe the duties of the administrator. The board may fix the compensation of all staff at South Dakota Services for the Deaf. Source: SDC 1939, § 55.4102 (2); SL 1953, ch 296 , § 2; SL 1975, ch 128 , § 372; SL 2023, ch 62 , § 13.

The Board of Regents shall preserve and care for all property used by South Dakota Services for the Deaf. Source: SDC 1939, § 55.4102 (1); SL 1953, ch 296 , § 2; SL 2023, ch 62 , § 14.

Any resident of this state who is under twenty-one and has a hearing status that precludes receiving educational benefits through a public school is entitled to receive services through South Dakota Services for the Deaf. South Dakota Services for the Deaf may assist any person w…

Repealed by SL 1989, ch 171 , § 3 13-62-10

Terms used in this chapter mean: (1) "Account," an account established as prescribed in this chapter; (2) "Account owner," the person who, under this chapter or rules promulgated by the council pursuant to chapter 1-26 , is entitled to select or change the designated beneficiary …

Any person may make contributions to an account after the account is opened. Contributions to accounts may be made only in cash. Source: SL 2001, ch 97 , § 10.

Account owners may withdraw all or part of the balance from an account as may be authorized by the council, by policies, guidelines, or procedures, or under rules promulgated by the council pursuant to chapter 1-26 . Source: SL 2001, ch 97 , § 11; SL 2002, ch 94 , § 1.

An account owner may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary or to any other individual in accordance with this section or with procedures established by the council by rules promulgated p…

On the direction of an account owner, all or a portion of an account may be transferred to another account of which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account, if the transferee account was created by this chapter …

Changes in designated beneficiaries and rollovers are not permitted if the changes or rollovers would violate either of the following: (1) Section 13-63-21 relating to excess contributions; or (2) Section 13-63-18 relating to investment choice. Source: SL 2001, ch 97 , § 14. 13-6…

Each account shall be maintained separately from each other account under the program. Separate records and accounting shall be maintained for each account for each designated beneficiary. Source: SL 2001, ch 97 , § 17.

A contributor to, account owner of, or designated beneficiary of, any account may not, directly or indirectly direct the investment of any contributions to an account or the earnings from the account, except to the extent permitted under section 529 of the Internal Revenue Code. …

If the council terminates the authority of a financial institution to hold accounts and accounts must be moved from that financial institution to another financial institution, the council shall select the financial institution and type of investment to which the balance of the a…

The council shall: (1) Establish the program in the form of a trust to be declared by the council or in such other form as the council may determine; (2) Develop and implement the program in a manner consistent with this chapter through the adoption of rules, guidelines, and proc…

Notwithstanding any other provision of law, any amount in or credited to any account is exempt from and is not susceptible to any levy, execution or judgment, or other operation of law, garnishment, or other judicial enforcement. Amounts in an account are not an asset or property…

The council shall adopt policies, guidelines, procedures, or rules pursuant to chapter 1-26 to prevent contributions on behalf of a designated beneficiary in excess of the maximum amounts permitted under section 529 of the Internal Revenue Code and related regulations. Source: SL…

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…

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 §

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…