1170cb

___________________ moved that HB 1170 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

" Section  1.  Terms in this Act mean:

             (1)    "Distance learning," the technology and educational process used to provide instruction when the student and primary instructor are not physically present at the same time or place;

             (2)    "Distance learning provider," a school or organization that provides distance learning courses.

     Section  2.  No distance learning provider may provide courses through distance learning to any student in an accredited elementary or secondary school or postsecondary educational institution in this state unless the distance learning provider has a certificate issued by the secretary of the Department of Education authorizing the distance learning provider to provide the courses.

     Section  3.  The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the requirements and criteria that an applying entity must meet in order to be issued a distance learning provider's certificate by the secretary of the Department of Education authorizing the entity to provide courses through distance learning. The rules shall specify the duration and the method of renewal, the amount of the fee, not to exceed one hundred dollars, for issuing the certificate, the application procedures for certificates, the requirements for certification, and other procedures necessary for the administration of distance learning provider certification.

     Section  4.  If a student enrolls in a distance learning course that is approved by the school district in which the student attends school, that school district shall pay for any tuition or fees associated with providing the course to the student."