An Act to establish certain restrictions regarding participation in the state subsidized dual credit program for certain students.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 13-28-37.1 be AMENDED:

13-28-37.1. State subsidized high school dual credit program--Tuition rate--Payment of tuition and costs.

A state subsidized high school dual credit program shall be established for any student in grades eleven or twelve. The public institution of higher education or postsecondary technical institute offering the credit shall set the admission standards. A participating institution shall regularly submit course availability, enrollment, and completion data to the Department of Education.

If a student receives a failing grade in any course or withdraws from a course after the deadline and does not receive credit for the course, the student may no longer participate in the program. The Board of Regents or Board of Technical Education may reinstate a student who is prohibited from participating in the dual credit program if the student demonstrates good cause for failing a course or withdrawing from a course, or if at the student's expense the student retakes and passes the course that the student withdrew from or failed.

The Board of Regents shall set a high school dual credit tuition rate equivalent to forty-three percent of the undergraduate off-campus tuition rate. For purposes of this section, the undergraduate off-campus tuition rate means the per-credit rate, as set by the Board of Regents, that was in effect on January first of the previous fiscal year.

The tuition must be paid as follows:

(1) A student who is taking the course and who is receiving free and reduced lunch under 42 U.S.C. § 1771 shall pay an amount equal to thirty-three and three tenths fifty percent of the total high school dual credit tuition rate, and a that student's school district may pay any portion of the student's share. The state shall pay an amount equal to sixty-six and seven tenths fifty seven-tenths percent of the total high school dual credit tuition rate for the student under this subdivision.

(2) A student who is taking the course and is not receiving free and reduced lunch under 42 U.S.C. § 1771 shall pay an amount equal to fifty percent of the total high school dual credit tuition rate, and that student's school district may pay any portion of the student's share. The state shall pay an amount equal to fifty percent of the total high school dual credit tuition rate for the student under this subdivision.

No public institution of higher education or postsecondary technical institute offering the credit may require any additional fees fee.

The A student who is participating in the dual credit program is responsible for any other costs cost involved with attending a postsecondary institution. For the purposes of this section, the term, undergraduate off-campus tuition rate, means the per-credit rate, as set by the Board of Regents, that was in effect on January first of the previous fiscal year.