State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
|400T0318||HOUSE BILL NO. 1006|
Introduced by: The Committee on Education at the request of the Department of Education
and educational equity of the school district or school by October fifteenth of each year.
school district with an average daily membership as defined in § 13-13-10.1 of greater than five
thousand in the previous school fiscal year has an additional seven days to submit the required
data. If the due date falls on a weekend or state holiday, the due date is the next business day
following the scheduled due date. An annual written evaluation of the educational progress in
the state and in each school district shall be submitted to the Legislature and shall be made
available in each school district to the general public. The South Dakota Board of Education
may promulgate rules pursuant to chapter 1-26 to further define the data required pursuant to
Section 3. That § 13-5-14 be amended to read as follows:
13-5-14. For the purposes of this title, a school district which overlaps boundaries of a county is considered to be in that county where the majority of the children belonging to
the district reside as determined by the official school census fall submission of student
enrollment data, and when once established as provided herein said, the district shall so remain
until the boundaries thereof shall be changed under other provisions of this title , provided, that.
However, any disputes arising under the provisions of § 13-5-1 or 13-5-2, or this section, shall
be determined by the South Dakota Board of Education.
Section 4. That § 13-5-17 be amended to read as follows:
Such Each school district name and number and a description of its the district's
boundaries shall be recorded in a book to be kept for the purpose in the office of the secretary
of the Department of Education. The secretary shall refuse to record as the name of any district
a name which has been previously chosen and recorded by another district in the same county.
Section 5. That § 13-6-2 be amended to read as follows:
13-6-2. It is the policy of the State Legislature:
children listed on the
school census fall submission of student enrollment data of the school
district area are located.
Section 7. That § 13-13-37 be amended to read as follows:
13-13-37. Each school district shall submit its final financial report to the secretary of the Department of Education before August first for the school fiscal year ending June thirtieth of that year. The final financial report shall detail total expenditures and total revenues.
by a school district pursuant to a lease, resolution, certificate, or other arrangement with the
authority or any bond, certificate, note, or other obligation issued to or in connection with a
program sponsored by the Health and Educational Facilities Authority for school districts in
anticipation of funds under Title 13, the Department of Education shall deduct from amounts
otherwise due to a school district for the current month and the next two succeeding months
under the apportionment of foundation program funds or other amounts under Title 13 an
amount sufficient to pay rentals, bonds, notes, certificates, or other amounts then due but unpaid
and the amount so deducted shall be paid to the authority or any financial institution designated
by the authority acting as a fiduciary in connection therewith, all as specified by the authority.
A record of the amount so pledged as security or otherwise payable to the authority shall be filed
with the state auditor.
The employee designated, if other than the business manager, shall be placed under surety bond
in the amount which it is estimated will be in the hands of such employee at any one time during
the school fiscal year. The school district shall pay the premium on such surety bond.
Section 11. That § 13-16-20 be amended to read as follows:
13-16-20. The employee in charge of
a trust or an agency fund may issue checks for
disbursements from the fund. Unless required by the school board, such disbursements shall do
not require prior approval by the board nor signature of the presiding officer of the board or the
business manager. The employee designated shall keep accurate records of all receipts,
expenditures, and balances of the trust or agency fund; issue receipts in duplicate for all money
received, except money received from the sale of printed serial number admission tickets;
approve the expenditures, and pay all claims upon the presentation of an itemized verified claim.
A memorandum record shall be kept on file for sale of all serially numbered tickets by events,
which record shall be signed by the person selling such tickets. However, the employee may
destroy any record which that the records destruction board, acting pursuant to § 1-27-19,
declares to have no further administrative, legal, fiscal, research, or historical value.
Section 12. That § 13-16-21 be amended to read as follows:
13-16-21. The employee of the school district designated by the board to be in charge of
trust or an agency fund shall monthly and annually submit reports to the school board. The fund
shall be audited as part of the regular audit of the school district.
Section 13. That § 13-16-26 be amended to read as follows:
13-16-26. All or any part of a surplus of any school district fund, except the capital outlay fund provided by §§ 13-16-6 to 13-16-9, inclusive, and the special education fund provided by § 13-37-16 may be transferred to any other school district fund. Only a school district with a plan for reorganization that has been approved by the voters pursuant to § 13-6-47 after July 1,
2007 may transfer within twelve months before the effective date of the reorganization all or any
part of a surplus in the capital outlay fund to the general fund. Any unused portion of money that
has been transferred into the special education fund may be transferred from the special
education fund within the current fiscal year to the fund from which it originated. All or any part
of any school district fund may be loaned to any other school district fund for a term not to
exceed twenty-four months.
Section 14. That § 13-16-26.3 be amended to read as follows:
13-16-26.3. Notwithstanding any other provision of this chapter, if two or more school districts consolidate, for one year after the effective date of the consolidation pursuant to § 13-6-61, the newly formed school district may transfer any money from its general fund to its capital outlay fund. However, any funds transferred pursuant to this section may only be spent for one-time costs related to the consolidation. Any funds transferred to the capital outlay fund, but not lawfully obligated within one year of the date of the consolidation, shall revert to the school district's general fund. The Department of Education shall promulgate rules pursuant to chapter 1-26 to require the necessary information and establish procedures necessary to implement this section.
Section 15. That § 13-39-1.2 be amended to read as follows:
13-39-1.2. Terms used in this chapter, mean:
knowledge and skills they require;
levels directly related to the preparation of individuals for paid or unpaid
employment, or for the additional preparation for a career requiring other than a
baccalaureate or advanced degree.
Section 16. That § 13-39-8 be amended to read as follows:
13-39-8. Notwithstanding the provisions of § 13-15-2, the general control and supervision over
vocational career and technical education as provided in this chapter is the duty of the
director under the direction of the secretary of education.
Section 17. That § 13-39-9 be amended to read as follows:
13-39-9. The director has general control and supervision over all
vocational career and
technical education in all public secondary schools, public postsecondary institutions not under
the control of the Board of Regents and all other vocational career and technical education
functions assigned to him the director by the secretary of education.
Section 18. That § 13-39-12 be amended to read as follows:
13-39-12. The secretary of education may cooperate with federal agencies in the administration of any acts of Congress relating to
vocational career and technical education.
Section 19. That § 13-39-13 be amended to read as follows:
13-39-13. The secretary of education may enter into contracts and agreements with any agency of the United States government or any agency of the state government or its political subdivisions for the purpose of
vocational career and technical education, to receive grants of
federal funds for vocational career and technical education and to expend those funds under
rules adopted promulgated by the South Dakota Board of Education pursuant to chapter 1-26.
Section 20. That § 13-39-19 be amended to read as follows:
13-39-19. The secretary of education may distribute funds appropriated to
department by the Legislature or granted by any federal agency to the state in accordance with
chapter 4-8B, for
vocational career and technical education in public secondary and
postsecondary technical institutes in the state in accordance with a state plan or plans adopted
by the South Dakota Board of Education. The aid disbursed to the different schools of the state
and all expenses incurred in the administration of the provisions of any federal acts relating to
vocational career and technical education shall be paid out of the funds of the secretary
appropriated for that purpose and from the federal funds allotted to the State of South Dakota
for similar purposes. The state treasurer is the custodian of all money paid to the state from
federal appropriations for the purpose of vocational career and technical education , and shall
disburse the funds on warrants issued by the state auditor upon vouchers approved by the
director. The secretary of education shall authorize the director to submit vouchers to the state
auditor for the amount payable as state and federal aid to each school approved under the
provisions of this chapter. Upon receipt of the vouchers, the state auditor shall draw warrants
on the state treasury in favor of the treasurer of the public secondary and postsecondary
technical institute for the sum approved by the secretary.
Section 21. That § 13-39-21 be amended to read as follows:
13-39-21. The director shall prescribe a uniform system for gathering and reporting
vocational career and technical education data.
Section 22. That § 13-39-26 be amended to read as follows:
13-39-26. The provisions of this chapter do not apply to
private business schools or private
vocational institutions nonpublic secondary or postsecondary technical institutions except that
the secretary of education and LEAs may enter into contracts agreements with these schools and
institutions to provide vocational career and technical education.
Section 23. That § 13-39-27 be amended to read as follows:
13-39-27. For the purposes of providing
vocational career and technical education, all LEAs
of this state may establish, in cooperation with the
division, a vocational department, classes or
facilities for vocational education department, career and technical education programs by career
clusters, as provided in this chapter, under terms and conditions agreed upon. Any LEA board
may enter into any agreement to provide vocational career and technical education. An
agreement made pursuant to this section is not subject to the limitation of the tuition law. An
LEA may expend its money for vocational career and technical education.
Section 24. That § 13-39-29 be amended to read as follows:
13-39-29. The secretary of education, through the director, may receive, acquire, have charge of, and operate all properties for the purposes authorized in this chapter. The secretary may acquire by gift, subject to the provisions of § 5-24-12, or purchase real and personal property for the use of
vocational career and technical education and may dispose of or transfer
the same whenever the purposes of this chapter are benefited. The secretary may not purchase,
lease, sell, encumber, or alienate any real property without the consent and prior approval of the
Section 25. That § 13-39-35.1 be amended to read as follows:
13-39-35.1. If the Legislature approves the petition by passing a joint resolution, an LEA may operate a postsecondary technical institute. If an LEA begins to operate a postsecondary technical institute without the approval required by this section, that school is ineligible for state
vocational career and technical education money. Adult vocational education programs are
exempt from the provisions of this section.
Section 26. That § 13-39-37 be amended to read as follows:
13-39-37. The South Dakota Board of Education may
adopt promulgate rules, pursuant to
chapter 1-26, to be administered by the director, governing the operation and maintenance of
postsecondary technical institutes which will afford the people of the state, insofar as
practicable, an equal opportunity to acquire a public technical education. The rules may provide
for the following:
postsecondary technical institutes facilities fund. The fund
established hereby shall consist of
all appropriations by the State Legislature specifically designated for deposit therein in the fund
and any other moneys designated for deposit therein in the fund, including any investment
earnings thereon. The treasurer may create subfunds or accounts within the trust fund created
under this section as the treasurer considers necessary. Any earnings from the investment of
such fund may be transferred annually by the state treasurer to the tuition subaccount established
by § 13-39-70.
Section 32. That § 13-39-70 be amended to read as follows:
13-39-70. There is hereby created within the
vocational education postsecondary technical
institutes facilities fund a tuition subaccount. The secretary may determine and require that all
or any portion of the tuition and other student fees payable to an LEA shall be deposited in the
subaccount. No moneys may be disbursed from the tuition subaccount for any purpose other
than to pay lease rentals or other amounts due and owing in connection with:
education postsecondary technical institutes facilities fund for future repair and improvement
as authorized by the Legislature such amounts, not to exceed ten percent thereof, as the secretary
Section 33. That § 13-39-71 be amended to read as follows:
13-39-71. All or any portion of the lease-purchase obligations under or in connection with any lease-purchase agreement authorized under §§ 13-39-66 and 13-39-67 may be paid or discharged out of moneys available from the investment earnings on the
postsecondary technical institutes trust fund or from any amounts on deposit in the tuition
subaccount of such fund upon the determination by the secretary of education to pledge or
otherwise transfer such amounts to the health and educational facilities authority.
Section 34. That § 13-39-72 be amended to read as follows:
13-39-72. An LEA operating an approved postsecondary
vocational school technical
institute may award an associate in applied sciences degree. The state board may promulgate
rules pursuant to chapter 1-26 providing for approval of programs in postsecondary vocational
education schools technical institutes leading to an associate in applied science degree. In
approving any program, the state board shall consider curriculum, required hours, quality of
instruction, minimum standards for entry into the programs, and standards for program
Section 35. That § 13-42-15 be amended to read as follows:
13-42-15. Upon concluding the hearing, the secretary of the Department of Education or the secretary's representative shall make a decision within thirty days from the date of the hearing. In case of suspension or revocation, the secretary of the Department of Education shall fix the date at which the suspension or revocation becomes effective and, in case of suspension, the duration
thereof of the suspension. A notice of the suspension or revocation shall be given in
writing to the teacher or administrator and to the school board by which the teacher or
administrator is employed.
The teacher or administrator shall, within ten days of receipt of the
notice, surrender the individual's original teaching certificate to the Department of Education.
Section 36. That § 13-42-29 be amended to read as follows:
Effective July 1, 2005, all Each school administrators administrator whose
preparation does not meet certification standards established in ARSD 24:16:09 by the South
Dakota Board of Education shall submit to the Department of Education a professional
development plan to meet the alternative certification requirements established by the South
Dakota Board of Education.