FOR AN ACT ENTITLED, An Act to  create the South Dakota Virtual High School.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  There is created the South Dakota virtual high school. The South Dakota virtual high school shall be under the control of the Department of Education. The South Dakota virtual high school shall provide choice accessibility, flexibility, quality, and equity in curricular offerings for high school-aged students in the state.
     Section  2.  The South Dakota Virtual High School Advisory Council is established. The council shall advise the Department of Education, the South Dakota Board of Education, education-related organizations, and other education groups on issues related to distance learning. The council shall meet quarterly with the Department of Education to discuss, develop, and make recommendations for the promulgation of rules concerning policies that affect distance delivery.
     Section  3.  The council shall consist of nine members appointed by the secretary of education with representation from each of the education service agencies. The membership shall consist of the following:

             (1)    Two superintendents;

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             (2)    Two high school principals;

             (3)    Two school board members;

             (4)    One high school teacher;

             (5)    One member of higher education; and

             (6)    One member of the business community.
     Section  4.  Members of the council shall be appointed for two-year terms, except that five of the members of the initial council shall be appointed to two-year terms, and four of the members of the initial council shall be appointed for one year. All subsequent appointments shall be for terms of two years. Any vacancy on the council that occurs before the incumbent's term has expired shall be filled by appointment to serve the remainder of the unexpired term. The number of terms that a council member may serve is not limited.
     Section  5.  The Department of Education may promulgate rules pursuant to chapter 1-26 to coordinate course offerings by the South Dakota virtual high school, to award course credits earned by students taking classes from the South Dakota virtual high school, to establish fees or rates for school districts participating in the South Dakota virtual high school, and to establish criteria for school districts to participate in the South Dakota virtual high school.