Printer FriendlyHB 1118 provide for oversight of postsecondary technical institutes.
State of South Dakota
LEGISLATIVE ASSEMBLY, 2015
This bill has been extensively amended (hoghoused) and may no longer be consistent
with the original intention of the sponsor.
HOUSE STATE AFFAIRS
ENGROSSED NO. HB 1118 - 02/11/2015
Introduced by: Representatives Mickelson, Bartling, Bolin, Conzet, DiSanto, Dryden, Gosch,
Haggar (Don), Hawley, Jensen (Alex), Johns, Langer, Latterell, Otten
(Herman), Partridge, Qualm, Romkema, Schoenbeck, Sly, Solum, Stalzer,
Tulson, Westra, and Zikmund and Senators Peters, Brown, Heineman
(Phyllis), Holien, Lederman, Otten (Ernie), Soholt, Sutton, and White
FOR AN ACT ENTITLED, An Act to provide for oversight of postsecondary technical
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
operate establish a postsecondary technical institute or
establish an existing postsecondary technical institute as a separate legal entity after July 1,
2015, may petition the state board pursuant to §§ 13-39-35 to 13-39-36 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,
LEA school district LEA or school
districts, or any combination of them that established a postsecondary technical institute before
July 1, 2015, may modify the postsecondary technical institute's governing board, the procedure
for selecting the governing board members and may determine whether 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.