13-39A-1. Definitions. Terms used in this chapter, mean: (1)”Board,” the South Dakota Board of Technical Education; (2)”Department,” the Department of Education; (3)”Executive director,” the executive director of the board; (4)”Facilities,” buildings, rooms, property, and permanent equipment, including vehicles, used to provide technical education; (5)”LEA,” a local education agency limited to public school districts, the legal […]
13-39A-10. Executive director. The board may select and employ an executive director. The board shall provide overall policy guidance to the executive director. The board may delegate to the executive director the authority to hire and fire board employees. Source: SL 2017, ch 81, §10.
13-39A-11. Local governing bodies–Retain powers not given to board. The local governing body of each technical college shall retain all powers not expressly given to the board. Source: SL 2017, ch 81, §11; SL 2020, ch 61, § 4.
13-39A-12. Tuition and fees. The board shall approve rates of tuition and state fees for the technical colleges. Tuition and fees may vary by course and college. Source: SL 2017, ch 81, §12; SL 2020, ch 61, § 5.
13-39A-13. Annual state funding requests. The board shall review and approve recommendations for annual state funding requests for the technical colleges and make recommendations to the Governor and the Legislature. Source: SL 2017, ch 81, §13; SL 2020, ch 61, § 6.
13-39A-14. Management policies, goals, and objectives. The board shall, with the input of the local governing boards of each of the technical colleges, provide overall policies, goals, and objectives for the management of the technical college system to ensure that the needs of the public, business, and industry are met to the highest possible degree […]
13-39A-15. New construction or major renovation of facilities. Except as otherwise provided in §1-16A-95, the board shall consider and act upon technical college requests for new construction or major renovation of facilities also subject to the provisions of §1-16A-95. However, the absence of any action does not prevent the Legislature from approving such plans pursuant […]
13-39A-16. Additional duties of board. The board shall consider and act upon the following: (1)Recommendations regarding legislation proposed for technical education; (2)All actions required by law to be taken by the board; (3)Establishment of committees related to the statewide mission of the technical college system; and (4)New degree or certificate granting or awarding programs at […]
13-39A-17. Accreditations. The board shall monitor and support institutional and program accreditation, compliance with the accreditation standards of the Higher Learning Commission, and other approved industry accreditations. Source: SL 2017, ch 81, §17.
13-39A-18. Promulgation of rules. The board may promulgate rules, pursuant to chapter 1-26, to provide oversight for the operation and maintenance of the technical college system that affords people of the state, insofar as practicable, an equal opportunity to acquire a public technical education. The rules may provide for the following: (1)Program requirements for degrees […]
13-39A-19. Successor to Board of Education Standards on agreements. The board shall be the lawful successor to the Board of Education Standards with respect to all rights, privileges, obligations and duties of the Board of Education Standards under and with respect to: (1)The lease purchase agreement dated as of August 1, 1988, between the health […]
13-39A-2. South Dakota Board of Technical Education–Creation. There is hereby created the South Dakota Board of Technical Education. The oversight of the technical college system is vested in the board. The board shall consist of nine members. Four members shall be selected by the Governor from persons recommended by each of the technical colleges. Each […]
13-39A-20. Performance of agreements. The board may enter into and perform the agreements described in §13-39A-19. All bonds, notes or other evidences of indebtedness issued by the South Dakota Health and Educational Facilities Authority to finance facilities for use as technical college facilities and outstanding on July 1, 2017 are unaffected by the transfer of […]
13-39A-21. Apportionment and distribution of funds to LEAs. The secretary shall apportion and distribute funds made available for technical colleges through a formula approved by the board to the LEAs having jurisdiction over technical colleges to assist in maintaining and operating those schools. The use of the funds is subject to rules promulgated by the […]
13-39A-22. Distribution of funds to technical colleges. The department shall distribute funds to the technical colleges under the provisions of §13-39A-21 from money appropriated to the department for that purpose, and from federal funds allotted to the State of South Dakota for that purpose. Source: SL 2017, ch 81, §22; SL 2020, ch 61, § […]
13-39A-23. Separate accounting and funds by LEAs. Any LEA operating a technical college shall keep separate the accounting and funds for the operation of the technical college programs. The LEA shall deposit receipts, student fees, and income from state and federal sources, as well as any other receipts incidental to the operation of the technical […]
13-39A-24. Lease-purchase agreements between LEAs and health and educational facilities authority or board for capital improvements. Any LEA may enter into a lease-purchase agreement with the health and educational facilities authority or the board for capital improvements for the design, acquisition, construction, equipping, or improvement of facilities the LEA considers necessary or appropriate. In addition, […]
13-39A-25. Provisions of lease-purchase agreements. A lease-purchase agreement authorized pursuant to §13-39A-24: (1)Shall be approved by the governing body of the LEA; (2)May provide for the simultaneous conveyance of existing facilities to be leased back with the improvements and other property being financed; (3)May provide for all rights, title, and interest of the authority to […]
13-39A-26. Security for payments by LEA or board under lease-purchase agreements. The board may contract with or enter into other agreements with the South Dakota Health and Educational Facilities Authority, any LEA, the state treasurer, or others in order to pledge or otherwise transfer all or any portion of tuition and other student fees subject […]
13-39A-27. Technical colleges facilities fund. There is hereby created within the state treasury a trust fund on behalf of the board known as the technical colleges facilities fund. The fund shall consist of any appropriation by the Legislature specifically designated for deposit in the fund and any other moneys designated for deposit in the fund, […]
