Printer FriendlyHB 1118 provide for oversight of postsecondary technical institutes.
State of South Dakota
LEGISLATIVE ASSEMBLY, 2015
HOUSE BILL NO. 1118
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 a postsecondary technical institute or establish an
existing postsecondary technical institute as a separate legal entity may petition the state board
pursuant to §§ 13-39-35 to 13-39-36, 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 that oversees technical institutes. The state board must approve the petition
before the LEA may operate the postsecondary technical institute
Section 2. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
A board consisting of nine members shall govern the LEA proposing to operate a
postsecondary technical institution.
Section 3. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
Each board member governing the LEA shall serve a three-year term. No board member
may serve more than three consecutive terms. 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. The local school board shall appoint all the initial board
Section 4. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
After a board member's initial term is finished, the local school board 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 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 board member's initial term
is finished, the nine person 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.
Section 5. That chapter 13-39 be amended by adding thereto a NEW SECTION to read as
In order for the LEA to operate a postsecondary technical institute, the local school board
shall transfer all duties and powers concerning the local postsecondary technical institute to the
LEA. After a separate LEA is established, the school district shall assign to, and the newly
established LEA shall expressly assume, 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 to the
postsecondary technical institute.
Section 6. That § 13-39-35 be repealed.
13-39-35. If the South Dakota Board of Education finds that the classification petitioned for
would further the educational interests of the state, more nearly equalize the educational
opportunities in certain phases of technical education to persons in this state who are of the age
and maturity to pursue study in preparation for entering the labor market, be of potential benefit
to persons in all communities of the state, and is otherwise in accordance with the plans of the
state board, it may recommend the petition be approved by the Legislature.
Section 7. That § 13-39-35.1 be repealed.
13-39-35.1. If the Legislature approves the petition by passing a joint resolution, an LEA
may operate a postsecondary technical institute. If an LEA begins to operate a postsecondary
technical institute without the approval required by this section, that school is ineligible for state
career and technical education money.
Section 8. That § 13-39-35.2 be repealed.
13-39-35.2. The joint resolution passed pursuant to § 13-39-35.1 shall specify the duties and
powers of a postsecondary technical institute. The resolution may also specify the procedure for
selecting members of the governing board, which may include local elections for such members.
A school established pursuant to § 13-39-35.1 may be a distinct legal entity separate and apart
from the school district or districts which established it.
Section 9. That § 13-39-36 be amended to read as follows:
If the petition is approved by the Legislature, the LEA may establish the proposed
school and the state board shall classify the school as a postsecondary technical institute.
shall conduct has
general supervision as provided in § 13-39-37 and in the rules
adopted pursuant to chapter 1-26 by the state board.