21.52.14 96th Legislative Session 376
An Act to transfer the Office of Indian Education to the Department of Education.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 1-54-11 be AMENDED.
1-54-11. Office of Indian Education established.
The Office of Indian Education is
hereby established within the Department of
Office of Indian Education shall support initiatives in order that
South Dakota's students and public school instructional staff become
aware of and gain an appreciation of South Dakota's unique American
Indian culture. The secretary of the
Department of Tribal Relations education
an Indian Education Advisory Council. The council shall consist of
representatives of all nine tribes in South Dakota along with Native
American educators from all parts of the state. The nine
representatives of the tribes shall be appointed from nominations
submitted by the tribal councils of each of the tribes. The council
members shall serve for three-year terms.
Section 2. That § 1-54-12 be AMENDED.
1-54-12. Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings.
The Department of Education shall
consult with the Indian Education Advisory Council
the Department of Tribal Relations to
develop and review the Oceti Sakowin Essential Understandings. The
consultation process shall align with the standards revision cycle
established by the Board of Education Standards pursuant to
Section 3. That § 1-54-13 be AMENDED.
1-54-13. Native American achievement schools grant program established.
There is hereby established the
Native American achievement schools grant program to be administered
by the Office of Indian Education
within the Department of Tribal Relations.
The purpose of the grant program is to fund the establishment of up
to three Native American achievement school projects aimed at
improving academic outcomes for Native American students.
Section 4. That § 1-54-14 be AMENDED.
1-54-14. Eligibility requirements for Native American achievement schools grant applicants.
An applicant seeking a grant from the Native American achievement schools grant program shall:
(1) Be an accredited public school within the State of South Dakota;
(2) Serve a student population for which the school-level results for the 2014-15 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics;
(3) Serve a student population of which at least fifty percent is comprised of Native American students;
(4) Demonstrate access to a physical facility that is adequate for implementation of the project; and
(5) Demonstrate the ability to
complete the project in accordance with all requirements of
sections 3 to 10, inclusive, of this Act, state
and federal laws and regulations, and policies of the
Department of Education.
Section 5. That § 1-54-15 be AMENDED.
1-54-15. Criteria for priority projects.
In selecting grant recipients,
of Education shall
give priority to projects that meet the requirements of this chapter
and show commitment to increasing student success through building
cultural identities, encouraging academic perseverance, supporting
the development of the whole child, and encouraging student
leadership skills by demonstrating one or more of the following
(1) Offering programming designed to lead to postsecondary readiness and work readiness;
(2) Supporting the recruitment and retention of highly effective teachers and administrators;
(3) Demonstrating commitment to the implementation of the Oceti Sakowin Essential Understandings and Standards across the curriculum;
(4) Demonstrating a commitment to the implementation of courses offering instruction in Dakota, Lakota, or Nakota languages;
(5) Maintaining a school environment that cultivates diversity of the student population and promotes a sense of belonging;
(6) Forming partnerships with community organizations or governmental entities; and
(7) Planning for sustainability.
Section 6. That § 1-54-16 be AMENDED.
1-54-16. Application process.
of Education shall
inform potential applicants of the application and award period and
of the amount of funding available for the grants. The department
shall also provide the application form and scoring rubric that
informs potential applicants of the weight to be assigned to each
characteristic referenced in §
5 of this Act within
the selection process. Applicants shall complete the application form
and provide any additional information requested by the department.
The application is not complete until all necessary information is
Section 7. That § 1-54-17 be AMENDED.
1-54-17. Determination of grant recipients and award amounts.
Department of Education,
with the assistance of a group of reviewers designated by the
shall determine grant recipients and award amounts utilizing a
competitive process. The group of reviewers shall include three
members of the Indian Education Advisory Council established pursuant
section 1 of this Act.
Section 8. That § 1-54-18 be AMENDED.
1-54-18. Conditions applicable to grant recipients.
In addition to complying with the
6 of this Act and
the additional requirements of chapter 13-14,
all grant recipients will be subject to the following conditions:
(1) The amount of a grant may not exceed the actual cost of the project as proposed in the application;
(2) The grant shall be paid on a
reimbursement basis, following procedures and requirements outlined
Department of Education;
(3) Any funds provided through the grant must be necessary and reasonable to complete the project;
(4) Necessary documentation, as determined by the department, shall be submitted to support all expenditures;
(5) Expenditures must be approved before the end of the grant period;
(6) A grant project must expend all funds provided through the grant within thirty-six months following grant approval; and
(7) No grant funds may be used for costs associated with writing the grant proposal, contractual obligations that became effective prior to the award period of the grant, purchases that become the property of any individual or organization other than the grant recipient, or purchases or services beyond the project outcomes or activities.
Section 9. That § 1-54-19 be AMENDED.
1-54-19. Grant recipient reports--Access to facilities and records.
Each grant recipient shall submit
grant status reports to the
of Education on
a quarterly basis, and a final grant report including data related to
the implementation of the project. The department shall determine the
details required in the reports and the deadlines for report
submissions. Each grant recipient shall provide the department with
reasonable access to facilities and records that may be necessary for
the department to determine compliance with the terms of the grant
and all the requirements of
sections 3 to 10, inclusive, of this Act.
Section 10. That § 1-54-20 be AMENDED.
1-54-20. Default--Repayment--Civil action.
The submission of false or
misleading statements or information as part of a grant application
or the failure to comply with any requirement shall be considered a
default upon the terms of a grant. In the event of a default, the
of Education may
require the grant recipient to repay any funds dispersed under the
grant to the department within thirty days of a written demand from
the department. The department may begin a civil action to recover
any grant funds that a grant recipient is required to repay under
Section 11. That §§ 1-54-11 and 1-54-12 be transferred to chapter 1-45.
Section 12. That §§ 1-54-13 to 1-54-20, inclusive, be transferred to chapter 13-14.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.