ENTITLED, An Act to revise certain outdated and obsolete provisions regarding the Department of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-3-48 be amended to read as follows:
13-3-48. The secretary of the Department of Education shall prepare and submit for approval of
the South Dakota Board of Education a standards revision cycle and content standards for
kindergarten through grade twelve.
Section 2. That § 13-3-51 be amended to read as follows:
13-3-51. The secretary of the Department of Education shall establish a uniform system for the
gathering and reporting of educational data for the keeping of adequate educational and financial
records and for the evaluation of educational progress. Any school district or school seeking state
accreditation shall submit enrollment data, personnel data, and shall verify all state and federal
standards for accreditation and approval of schools, including those related to safety and educational
equity of the school district or school by October fifteenth of each year. 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 this section.
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 fall submission of student enrollment data, and when once established, the
district shall so remain until the boundaries thereof shall be changed under other provisions of this
title. 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:
13-5-17. Each school district name and number and a description of the district's boundaries shall
be recorded 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:
(1) That school districts exist for the purpose of operating a school or schools to provide the
people of each local community adequate opportunity to avail themselves of a free public
elementary and secondary education program. Each school district should operate a school
or schools providing for elementary and secondary education programs;
(2) That it is essential for all children and youth in the state to have access to an adequate
educational program in a public school and since many existing school districts do not
contain sufficient taxable property to provide educational opportunities equal in
comparison with the educational opportunities available in many other school districts in
the state, the state board is responsible for school district reorganization which will enable
each school district to offer an educational program of sufficient scope and quality to
adequately expand and develop the interests and abilities of its people; and
(3) That each proposed school district shall meet the requirements and standards for school
districts as provided by this chapter and shall contain sufficient human and material
resources to support an education program which will meet the current minimum
requirements for accreditation as adopted by the South Dakota Board of Education.
Section 6. That § 13-6-59 be amended to read as follows:
13-6-59. If a joint school district is created, the county officials shall comply with the orders and
directives of the board of county commissioners of the county having jurisdiction over the school
district so created. A school district shall be considered to be under the jurisdiction of the board of
county commissioners of the county where the major portion of the children listed on the 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.
The financial report shall be submitted on forms prescribed by the secretary. The provisions of
this section are subject to the provisions of § 13-8-44. The total general fund expenditures may not
include any capital outlay fund expenditures as defined in § 13-16-6, except for any school district
that receives money under Title VIII of the Elementary and Secondary Education Act. However, no
school district that receives money under Title VIII of the Elementary and Secondary Education Act
may expend general fund money for new construction.
Section 8. That § 13-13-39 be amended to read as follows:
13-13-39. The Department of Education shall apportion the foundation program funds to each
eligible school district and shall prepare such a list of apportionments to be posted publicly in
The state auditor shall issue the warrant to each school district when the apportionment voucher
is presented for the total amount of the foundation program funds each school district is to receive,
subject to any reduction necessitated by the issuance of a warrant to the health and educational
facilities authority as provided below.
If the Department of Education receives written notice from the Health and Educational Facilities
Authority of a pledge of foundation program funds or other amounts under Title 13 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 state auditor shall issue a warrant to the authority for the deducted amount specified by the
Health and Educational Facilities Authority as provided by this section. No pledge by a school
district of foundation program funds or other amounts under Title 13 for any other purpose may be
permitted and if made is voidable at the election of the Health and Educational Facilities Authority.
Section 9. That § 13-16-2 be amended to read as follows:
13-16-2. All school district funds shall be placed in funds as defined in § 4-4-4.
Section 10. That § 13-16-19 be amended to read as follows:
13-16-19. The school board shall prescribe policies and procedures governing the stewardship
of agency funds consistent with provisions of this title. The school board may designate an employee
of the school district to be in charge of each agency fund. 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 an agency fund may issue checks for disbursements from
the fund. Unless required by the school board, such disbursements 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 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 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 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:
(1) "Career and technical education," a contextual education model that employs career
clusters and programs of study in preparing highly skilled students for success in
postsecondary education and in-demand careers;
(2) "Career clusters," a distinct grouping of occupations and industries based on the
knowledge and skills they require;
(3) "Center board," the governing body of a multidistrict, career and technical academy;
(4) "Department," the Department of Education;
(5) "Director," the person at the Department of Education responsible for the administration
of career and technical education;
(6) "Facilities," buildings, rooms, property, and permanent equipment, including vehicles,
used to provide vocational education;
(7) "LEA," a local education agency limited to public school districts and the legal entities
that a school district is authorized to establish;
(8) "Multidistrict, career and technical academy," an educational entity designed to provide
career and technical education and academic courses that prepare youth for a wide range
of careers that require varying levels of education;
(9) "Multi-use facility," a structure or part of a structure for student or faculty use as a lounge
area, cafeteria, classroom, or large group area not operated as a student union building in
which student fees are charged and utilized to pay for construction and maintenance of
a facility under the direct or indirect control of the students;
(10) "Participating district," a school district which has voting representation on a center board;
(11) "Postsecondary technical institute," a public nonprofit school legally authorized to provide
public postsecondary technical education which does not culminate in a baccalaureate
degree at that school;
(12) "Secretary," the state secretary of education;
(13) "State board," the South Dakota Board of Education.
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
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 career and technical education
in all public secondary schools, public postsecondary institutions not under the control of the Board
of Regents and all other career and technical education functions assigned to 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 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 career and technical education, to receive grants of federal funds for career and
technical education and to expend those funds under rules 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 the department by the
Legislature or granted by any federal agency to the state in accordance with chapter 4-8B, for 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 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 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 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 nonpublic secondary or postsecondary
technical institutions except that the secretary of education and LEAs may enter into agreements with
these schools and institutions to provide career and technical education.
Section 23. That § 13-39-27 be amended to read as follows:
13-39-27. For the purposes of providing career and technical education, all LEAs of this state
may establish, in cooperation with the 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 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
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
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 Legislature.
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 career and
technical education money.
Section 26. That § 13-39-37 be amended to read as follows:
13-39-37. The South Dakota Board of Education may 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:
(1) Curriculum and standards of instruction and scholarship;
(2) Attendance requirements, age limits of trainees, eligibility for attendance, and tuition
payments and other charges;
(3) Apportionment and distribution of funds made available to the board for carrying out the
purposes of §§ 13-39-34 to 13-39-39, inclusive;
(4) Transportation requirements and payments;
(5) General administrative matters;
(6) The submission of the annual budget of the postsecondary technical institute which shall
include, but is not limited to, a description of programs, a list of staff positions, and the
amount for supplies and operating expenses associated with the programs offered. The
rules shall require the budget to include all operating costs of programs, including those
costs ineligible for reimbursement from federal and state funds, shall state the procedure
for amending and filing it with the Department of Education and shall provide that failure
to comply with the rules may result in withholding of payments from federal and state
(7) The submission of plans of LEAs for new construction or major renovation of facilities
eligible for reimbursement. The rules regarding these plans shall provide a requirement
that the LEA, by a written resolution, declare the LEA committed to begin construction
if the budget of the state board provides the matching funds;
(8) The promotion and coordination of career and technical education; and
(9) The prevention of unwarranted duplication of programs.
Section 27. That § 13-39-38 be amended to read as follows:
13-39-38. The secretary of education shall apportion and distribute funds made available for
postsecondary technical institutes through a formula approved by the South Dakota Board of
Education to the LEAs having jurisdiction over postsecondary technical institutes to assist in
maintaining and operating those schools. The use of the funds are subject to rules promulgated by
the state board pursuant to subdivision § 13-39-37(3) and in accordance with the approved state plan
for career and technical education.
Section 28. That § 13-39-41 be amended to read as follows:
13-39-41. The school boards of two or more school districts may submit to the South Dakota
Board of Education a proposed plan to establish a multidistrict, career and technical academy. The
proposal shall be consistent with the state plan for career and technical education and shall meet the
rules as promulgated by the state board pursuant to chapter 1-26.
Section 29. That § 13-39-56 be amended to read as follows:
13-39-56. The secretary of education shall apportion and distribute funds made available to
multidistrict, career and technical academies to assist in defraying instructional costs. The use of
these funds is subject to the state plans for career and technical education and to rules promulgated
by the South Dakota Board of Education pursuant to chapter 1-26.
Section 30. That § 13-39-57 be amended to read as follows:
13-39-57. Funds distributed to the multidistrict, career and technical academies under the
provisions of § 13-39-56 are to be paid out of money appropriated to the division and from federal
funds allotted to the State of South Dakota for the purposes of career and technical education.
Section 31. That § 13-39-69 be amended to read as follows:
13-39-69. There is created a separate trust fund on behalf of the secretary of education to be on
deposit with the state treasurer, such fund to be designated the postsecondary technical institutes
facilities fund. The fund shall consist of all appropriations by the State Legislature specifically
designated for deposit in the fund and any other moneys designated for deposit in the fund, including
any investment earnings. 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 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:
(1) Any facility originally leased to the board of regents but now utilized for career and
technical education so long as such facility is on the campus of a postsecondary technical
(2) Any lease-purchase agreement authorized under §§ 13-39-66 and 13-39-67 unless the
health and educational facilities authority files with the state treasurer a certification that
it has on deposit or there has otherwise been appropriated sufficient moneys to pay all
amounts due or to become due within the next three months on all such lease-purchase
No lease rentals on facilities described in subsection (1) may be paid unless the secretary of
education has approved the assumption of the former board of regents' lease obligations by the
tuition subaccount. Thereafter, the state treasurer shall retain in the 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 shall direct.
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
Section 34. That § 13-39-72 be amended to read as follows:
13-39-72. An LEA operating an approved postsecondary 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 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
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 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.
Section 36. That § 13-42-29 be amended to read as follows:
13-42-29. Each school administrator whose preparation does not meet certification standards
established 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.
An Act to revise certain outdated and obsolete provisions regarding the Department of Education.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1006
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1006
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State