Title 13, EDUCATION

The board shall have the power and duty to enter into contractual agreements for the purpose of sharing through lease arrangements the cost of operating facilities with federal, state, or political subdivisions, and private persons, organizations, or associations. Source: SL 1965…

It shall be the function of the board to consider and establish policy for and exercise all necessary control over the State Educational Telecommunications Network, and to carry out the duties imposed in this chapter, or as otherwise authorized and assigned to said board by law. …

The board shall choose from its own members a chairman, secretary, and treasurer. Source: SL 1965, ch 67 , § 2.

The commissioner of the Bureau of Information and Technology may employ clerical help and assistants as may be necessary for the educational telecommunications office, subject to chapter 3-6D . The board may purchase supplies and equipment as deemed necessary. Source: SL 1965, ch…

Notwithstanding any other provision of law, the Bureau of Information and Technology shall exercise administrative control over the educational telecommunications office. The board shall exercise control over policy, programming and other executive functions in accordance with li…

The board of directors shall meet as often as necessary to perform its duties. An affirmative vote of a majority of the members of the board shall be required to act on any matter falling within the scope of the board. The board shall keep complete minutes of its meetings and mak…

Members of the board shall be compensated for their services at meetings of the board and shall be reimbursed for mileage, lodging, and meals on the same basis as other state employees; provided, however, that no such compensation shall be paid to any member of the board who is o…

The board shall have the power and duty to promote and sponsor a noncommercial educational telecommunications network to serve a series of interconnecting units throughout the State of South Dakota. Source: SL 1965, ch 67 , § 5 (1).

The board shall have the power and duty to acquire real estate and other property as an agency of the State of South Dakota, and to hold and use the same for educational telecommunications purposes. Source: SL 1965, ch 67 , § 5 (4).

The board shall have the power and duty to receive gifts and contributions from public and private sources in providing educational telecommunications facilities and programs. Source: SL 1965, ch 67 , § 5 (3).

The terms used in this chapter mean: (1) "Accredited" or "accreditation," the status of public recognition that an accrediting agency recognized by the United States Department of Education pursuant to Title IV of the Higher Education Act of 1965 (20 U.S.C. § 1070 et seq.) as ame…

No postsecondary institution may provide educational programs at physical locations in this state unless it has been issued a certificate of authorization to provide postsecondary education as provided in this chapter. Additionally, except for such postsecondary institutions prov…

To ensure that postsecondary institutions legally operating in this state as of this date and participating in the federal student financial assistance programs may comply with the state authorization regulations promulgated by the United States Department of Education on October…

The secretary shall issue a certificate of authorization to provide postsecondary education to any postsecondary institution named in § 13-48-36 . The secretary also may issue a certificate of authorization to provide postsecondary education to any other postsecondary institution…

Any certificate of authorization issued to a postsecondary institution named in § 13-48-36 remains in effect as long as the postsecondary institution continues to meet the requirements in subdivisions 13-48-37(1) and (2) and has not been ordered to cease operations in the state p…

Except as provided in section § 13-48-38 , each certificate of authorization expires on the first day of July following the date of issue. The secretary shall annually renew the certificate of any postsecondary institution that: (1) Continues to meet the requirements in subdivisi…

The secretary may reinstate an expired certificate of authorization if the postsecondary institution: (1) Continues to meet the requirements of subdivisions 13-48-37(1) and (2); (2) Has not been ordered to cease its operations in the state pursuant to § 13-48-40 ; and (3) Has fil…

The secretary shall maintain a registry of all postsecondary institutions authorized by this chapter and such other postsecondary institutions for which it has issued a certificate of authorization to provide postsecondary education. If any institution changes the name under whic…

The Office of Attorney General, Division of Consumer Protection, shall review and act on any complaint, as the term is defined by § 13-48-34 , concerning postsecondary institutions providing educational programs at physical locations in the state, including, as necessary, requiri…

The provisions of this chapter do not apply to postsecondary institutions: (1) Established by the government of the United States; (2) Established by the government of an Indian tribe whose tribal lands are located, in whole or in part, in this state; (3) Established by owned, co…

The secretary of state and the attorney general shall provide information requested by the Board of Regents in order to carry out administrative, oversight, information sharing, and reporting responsibilities on behalf of South Dakota under the Western Interstate Commission for H…

For the purposes of this chapter, physical location in this state, means the ongoing occupation of a physical location in South Dakota for instructional purposes or the maintenance of an administrative office to facilitate instruction. The following activities do not constitute t…

The Board of Regents and the Board of Education Standards shall each provide to the Government Operations and Audit Committee an annual accountability report as determined by the committee. The annual accountability report provided by the Board of Regents shall include a financia…

The control of the public postsecondary educational institutions of the state offering college credit which are sustained wholly or in part by the state is vested in a board of nine members, designated as the Board of Regents. The Governor shall appoint the members with the conse…

The Board of Regents shall appoint an executive director, who shall be a full-time employee of the board. The executive director shall have a graduate degree from a recognized college or university and shall by training and experience be familiar with the operations and problems …

The Board of Regents is, and it and its successors in office shall continue to be, a corporation, or body corporate, with power to sue and be sued, to hold, lease, and manage, for the purposes for which they were established, any property belonging to the educational institutions…

Any regent may administer oaths and examine witnesses if necessary in the performance of the duties of the board. Source: SDC 1939, § 15.0707; SL 2007, ch 109 , § 11.

Unless otherwise expressly provided in statute, the Board of Regents shall govern and regulate each institution under its control in such manner as it deems best calculated to promote the purpose for which the institution is maintained, and shall have charge and supervision of al…

The Board of Regents may employ and dismiss all officers, instructors, and employees of such institutions, necessary to the proper management thereof, to determine their number, qualifications, and duties, fix the term of their employment, and rate and manner of their compensatio…

No instructor, teacher, or other employee of any institution under the jurisdiction of the Board of Regents is subject to loss of job or status on the job for becoming a candidate for any public office. However, the provisions of this section do not apply if the candidacy or publ…

There is hereby created within the Board of Regents the FTE demand pool. For the purposes of this section, "FTE" means full - time equivalent as defined in § 2-14-2 . The initial balance of the FTE demand pool is established by the Legislature and may be replenished each year thr…

The Board of Regents may deposit any moneys held by it pursuant to § 13-49-14.2 , but not needed to cover liabilities, into a special fund created in the South Dakota school and public lands endowment, known as the South Dakota Services for the Deaf and the South Dakota School fo…

A person hired by the South Dakota School for the Blind and Visually Impaired and a person hired by South Dakota Services for the Deaf must submit to a fingerprint-based criminal background check by the Division of Criminal Investigation and the Federal Bureau of Investigation, i…

Except for the provisions of chapter 3-12C , the Board of Regents may not enter into any contract to provide a retirement or deferred compensation plan for any of its employees, other than the president or provost of each of its colleges and universities and the executive directo…

The Board of Regents, at its discretion, may elect to provide all, or any part of, the insurance benefits for its employees by means of a plan which is self - insured in whole or in part. The board may execute a contract or contracts with such claims administrators as the board m…

The Board of Regents may make contracts for service, the erection of buildings, the purchase of all lands, materials, and supplies needed, unless such supplies are under the supervision of the Bureau of Human Resources and Administration. In the carrying out of such contracts, th…

Any contract for the erection and repair of any building and the purchase of ordinary supplies shall be let in accordance with chapters 5-18A and 5-18B except in the case of coal needed by the institutions. Source: SDC 1939, § 15.0710; SL 1975, ch 128 , § 330; SL 2011, ch 2 , § 1…

The board may bring suit in any proper court in its own name to enforce any contract made by it, and any suit relating to the property referred to in §§ 13-49-15 and 13-49-16 , or to the care, custody, control, management, or improvements thereof. The attorney general shall prose…

It is the intention of §§ 13-49-15 to 13-49-18 , inclusive, to confer upon the Board of Regents all powers usually exercised by such boards, and which are necessary to the proper legal management of the educational institutions placed under its control, and the property belonging…

Each regent who is a regular member shall be a person of probity and wisdom and selected from among the best known citizens, who are residents of different portions of the state. No two regents may be residents in the same county and not more than six may be members of the same p…

The State Board of Regents may enter into agreements or contract with states, individually or on a regional basis, to provide means by which South Dakota residents may be assisted to carry on or complete fields of study. This grant of authority may not be construed as providing s…

The State Board of Regents is hereby authorized to negotiate and enter into contractual agreements with public or private colleges and universities offering the study of dentistry for the purpose of reserving spaces each year for dental students from South Dakota. Such contractua…

Any net repayment made pursuant to this chapter shall be deposited to the livestock disease emergency fund. Source: SL 1991, ch 157 , § 9.

The treasurer may promulgate rules pursuant to chapter 1-26 to establish notification and collection procedures. Source: SL 1991, ch 157 , § 10.

The Board of Regents shall annually provide the state treasurer a report indicating the recipients of awards pursuant to §§ 13-49-20.5 , 13-49-20.7 to 13-49-20.13 , inclusive, and copies of any contracts signed pursuant to § 13-49-20.7 . Source: SL 1991, ch 157 , § 11.

Sections 13-49-20.7 to 13-49-20.12 , inclusive, apply only to students entering the program after July 1, 1991. Source: SL 1991, ch 157 , § 12.