Teacher compensation assistance program and
education service agencies created and an appropriation.
There is hereby created the teacher compensation assistance program within the
Department of Education to provide funds to school districts for the purpose of assisting school
districts with teacher compensation. School districts are eligible to receive funds from the teacher
compensation assistance program based on their fall enrollment numbers. The department shall
provide four-fifths of the funds for the teacher compensation assistance program to each
participating school district. The Board of Education shall promulgate rules, pursuant to chapter
1-26, to create an oversight board appointed by the secretary of education for approval of
applications as well as guidelines for district applications based on district instructional goals,
market compensation or other specific district requirements as approved by the department.
Participation in the program is discretionary. District applications shall be approved by the local
board of education. The applications shall be reviewed by the teacher compensation assistance
program oversight board and shall be recommended to the Board of Education for final approval.
The Teacher Compensation Assistance Program Oversight Board shall annually
monitor the progress of participating school districts with their teacher compensation assistance
plans, and submit its findings to the Board of Education.
The South Dakota Board of Education shall promulgate rules pursuant to chapter
1-26 establishing the application process; application timelines; the guidelines for district
applications based on school district instructional goals or market compensation; and a system to
monitor the progress of participating school districts with their compensation assistance plans and
to ensure that each participating school district is complying with the plan as submitted to the
Section 4. The secretary of the Department of Education shall establish seven education service agencies to provide services and leadership to school districts on a regional basis. Each education service agency shall serve the school districts in a particular region of the state as determined by the secretary of education, and the secretary shall ensure that every school district is served by an education service agency. Each education service agency may be incorporated in the state of South Dakota as a nonprofit corporation organized under chapters 47-22 to 47-28, inclusive, which is exempt from taxation pursuant to 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a), and may be listed as an exempt organization in Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), or an education service agency may be directed by an educational cooperative.
Beginning in 2008, the advisory board for each education service agency shall, upon
receiving the approval of the secretary of education, appoint a fiscal agent to oversee the daily
operations of the education service agency. Once appointed, the fiscal agent shall serve at the
pleasure of the board. However, a board's decision to rescind a fiscal agent's appointment shall be
approved by the secretary of education.
A statewide leadership board, composed of the fiscal agent from each education
service agency and a representative from the Department of Education, shall be created to establish
uniform policies among the education service agencies and to allow for communication and the
exchange of ideas.
Upon receiving approval from the Department of Education, each education service
agency, with input from both the advisory board and the statewide leadership board, may, as
funding permits, contract with other entities to provide services to the school districts it serves.
Section 10. Each year, the Department of Education shall conduct an assessment and a performance evaluation of each education service agency and submit its findings in writing to the Legislature.
The secretary of the Department of Education shall approve vouchers and the state
auditor shall draw warrants to pay expenditures authorized by this Act.
For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the
education enhancement tobacco
tax fund the sum of nine million dollars ($
), or so much
thereof as may be necessary, to the Department of Education and shall be distributed as follows: