State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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400T0728
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SENATE EDUCATION ENGROSSED NO. SB 191 - 2/7/2012
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Introduced by: The Committee on Education at the request of the Office of the Governor
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FOR AN ACT ENTITLED, An Act to provide for authorization to offer postsecondary
education services in South Dakota.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
The terms used in this Act 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 amended to
January 1, 2012, grants to an institution or educational program that meets the
agency's established requirements;
(2) "Complaint," an allegation that a postsecondary institution does not meet the
requirements of this Act; an allegation that a postsecondary institution violated
chapter 37-24; or an allegation raised by a student that a postsecondary institution
does not meet standards established by the institution's accrediting agency;
(3) "Secretary," the secretary of state;
(4) "Educational program," a program of organized instruction or study beyond
secondary education that leads to an academic, professional, or vocational degree, or
certificate, or other recognized educational credential;
(5) "Federal student financial assistance programs," federal student financial assistance
program authorized by Title IV of the Higher Education Act of 1965 (20 U.S.C.
Section 1070 et seq.), as amended to January 1, 2012;
(6) "Postsecondary institution," a person, business entity, nonprofit corporation or
government entity that operates educational programs beyond secondary education.
Section 2. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
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 Act. Additionally, except for such postsecondary institutions providing
educational programs at physical locations in this state on the effective date of this Act, no
postsecondary institution may publicize the availability in this state of such programs unless it
has been issued a certificate of authorization to provide postsecondary education as provided
in this Act.
Section 3. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
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 29, 2010, codified at 34 C.F.R. Section 600.9 and effective as of July 1, 2011, the
following postsecondary institutions are acknowledged by the Legislature as being authorized
to provide educational programs at physical locations in this state, subject to the provisions of
section 5 of this Act:
(1) Augustana College;
(2) Avera McKennan Hospital School of Radiologic Technology;
(3) Avera Sacred Heart Hospital of Radiologic Technology;
(4) Black Hills State University;
(5) Colorado Technical University;
(6) Dakota State University;
(7) Dakota Wesleyan University;
(8) Globe University;
(9) Kilian Community College;
(10) Lake Area Technical Institute;
(11) Mitchell Technical Institute;
(12) Mount Marty College;
(13) National American University;
(14) Northern State University;
(15) Presentation College;
(16) Sanford Medical Center;
(17) Sioux Falls Seminary;
(18) South Dakota School of Mines and Technology;
(19) South Dakota State University;
(20) Southeast Technical Institute;
(21) University of Sioux Falls;
(22) University of South Dakota; and
(23) Western Dakota Technical Institute.
Section 4. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
The secretary shall issue a certificate of authorization to provide postsecondary education
to any postsecondary institution named in section 3 of this Act. The secretary also may issue a
certificate of authorization to provide postsecondary education to any other postsecondary
institution to provide educational programs at physical locations in this state if the
postsecondary institution:
(1) Is established as an instrumentality of this state, or is legally established to operate
as a private business entity or nonprofit corporation in accordance with applicable
state law; and
(2) Is accredited or is operating under an affiliation agreement whose terms make an
accredited postsecondary institution responsible for awarding academic credit and
educational credentials to its students and maintaining transcripts for such students.
Section 5. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
Authorization to provide educational programs at physical locations in this state, once
granted by the secretary, is continuous so long as the postsecondary institution continues to meet
the requirements set forth in section 4 of this Act.
Section 6. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
The secretary shall maintain a registry of all postsecondary institutions authorized by this
Act 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
which it operates its educational programs, or the physical location of any campus, the
institutions shall notify the secretary in writing within thirty days of such change and the
secretary shall, as needed, issue an updated certificate of authorization to provide postsecondary
education. The secretary shall develop, by rules promulgated pursuant to chapter 1-26, such
forms and procedures as may be necessary to administer the requirements of this Act.
Section 7. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
The Office of Attorney General, Division of Consumer Protection, shall review and act on
complaints, as such term is defined by this Act, concerning postsecondary institutions providing
educational programs at physical locations in the state, including, as necessary, requiring a
postsecondary institution to cease its operations in the state. If a complaint relates to a
postsecondary institution controlled by the Board of Regents, the attorney general shall refer the
matter to the Board of Regents. In all other cases, the attorney general shall refer the complaint
to the institution and provide the institution with no less than thirty days to respond to the
matters set forth in the complaint, including an opportunity to demonstrate any actions it has
taken or plans to take in response to the complaint, and to consider whether the complainant has
exhausted all available administrative remedies within the institutions's policies and procedures.
In administering the requirements of this section, the attorney general may refer a complaint to
an institution's accrediting agency for review and investigation, with the accrediting agency
providing a report of its investigation to the attorney general for further disposition. In enforcing
this Act, the attorney general has all the enforcement powers, authorities, and remedies provided
by chapter 37-24.
Section 8. That chapter 13-48 be amended by adding thereto a NEW SECTION to read as
follows:
The provisions of this Act 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, controlled, operated, and maintained by a religious
organization lawfully operating as a nonprofit religious corporation and awarding
only religious degrees or certificates for the purpose of conferring clerical status or
authority within that religion; or
(4) Subject to the jurisdiction and regulations to the South Dakota Cosmetology
Commission.