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.
An Act to provide for authorization to offer postsecondary education services in South Dakota.
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I certify that the attached Act
originated in the
SENATE as Bill No. 191
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 191
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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