Printer FriendlyHB 1118 provide for oversight of postsecondary technical institutes.
ENTITLED, An Act to provide for oversight of postsecondary technical institutes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-39-34 be amended to read as follows:
13-39-34. Any LEA proposing to establish a postsecondary technical institute after July 1, 2015,
may petition the state board pursuant to §§ 13-39-35 to 13-39-35.2, inclusive. The state board may
conduct hearings, investigate school records, and secure other data relating to the proposed
postsecondary technical institute, its geographical location, the demography and economy of the area,
and any other facts relating to the proposed postsecondary technical institute which the state board
may consider appropriate. This section does not apply to a distinct separate LEA established pursuant
to § 13-39-35.3.
Section 2. That § 13-39-35.3 be amended to read as follows:
13-39-35.3. Any postsecondary technical institute, school district LEA or school districts, or any
combination of them that established a postsecondary technical institute before July 1, 2015, may
file a petition with the state board to establish the postsecondary technical institute as a distinct
separate LEA, which shall be an LEA and a public body under chapter 1-16A. The state board must
approve the petition before the postsecondary technical institute may operate as a distinct separate
LEA. Upon establishment of such a distinct separate LEA, the school district LEA shall assign to,
and the newly established distinct separate LEA shall expressly assume, all duties and powers and
all rights, covenants, and obligations concerning the postsecondary technical institute, including
without limitation all rights, covenants and obligations of the school district in connection with any
lease purchase agreement or sublease authorized under §§ 13-39-66 to 13-39-71, inclusive, and any
and all instruments and other agreements related thereto. Nothing in this section is intended to
prohibit an agreement between the school district LEA and the distinct separate LEA pursuant to
chapter 1-24. The distinct separate LEA established pursuant to this section is not subject to §§ 13-39-34 to 13-39-35.2, inclusive.
Section 3. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
A board consisting of nine members shall govern the distinct separate LEA established pursuant
to § 13-39-35.3.
Section 4. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
No board member may serve more than three consecutive terms on the distinct separate LEA
board referenced in section 3 of this Act. Three board members shall serve an initial one-year term.
Three board members shall serve an initial two-year term. Three board members shall serve an initial
three-year term. All subsequent board member terms shall be for a period of three years. The board
of the school district LEA referenced in § 13-39-35.3 shall appoint all the initial board members.
Section 5. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
After a member's initial term on the board of the distinct separate LEA is finished, the board of
the school district LEA, with input from trade and industry representatives in the region and the
postsecondary technical institute president, shall continue to appoint the three board member
positions whose initial terms were three years. After the distinct separate LEA board member's initial
term is finished, the Governor shall appoint the three board members of the board whose initial terms
were one year. After the distinct separate LEA board member's initial term is finished, the nine
person distinct separate LEA board, with input from trade and industry representatives in the region
and the postsecondary technical institute president, shall appoint the three board members of the
board whose initial terms were two years.
An Act to provide for oversight of postsecondary technical institutes.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1118
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1118
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