An Act to establish the paraprofessional tuition assistance program, to make an appropriation therefor, and to declare an emergency.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 1-54 be amended with a NEW SECTION:

There is hereby established the paraprofessional tuition assistance scholarship program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the scholarship program is to allow the pursuit of full teacher certification by the paraprofessionals employed by qualifying schools.

Section 2. That chapter 1-54 be amended with a NEW SECTION:

The Department of Tribal Relations shall select eligible paraprofessionals for participation in the program. To be eligible for the paraprofessional tuition assistance scholarship program, an applicant must:

(1) Be employed as a paraprofessional in a qualifying public school;

(2) Be recommended for the program by a principal in the qualifying public school; and

(3) Enroll in an accredited postsecondary institution located in this state that participates in the program and offers a baccalaureate degree in elementary or secondary education.

Section 3. That chapter 1-54 be amended with a NEW SECTION:

For purposes of this Act, a qualifying school is any school in the state that:

(1) Is an accredited public school;

(2) Is willing to collaborate with the accredited postsecondary institution on student teaching and other associated requirements of the elementary or secondary education program;

(3) Serves a student population for which the school-level results for the 2021-2022 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics; and

(4) Serves a student population comprised of at least fifty percent Native American students.

Section 4. That chapter 1-54 be amended with a NEW SECTION:

A person is eligible to participate in the paraprofessional tuition assistance scholarship program for up to four consecutive academic years or until the attainment of a baccalaureate degree in elementary or secondary education, whichever comes first. The secretary of tribal relations may grant exceptions to the continuous enrollment requirement if good cause is demonstrated.

Section 5. That chapter 1-54 be amended with a NEW SECTION:

The amount of tuition assistance provided in any semester to an eligible student may not exceed the cost of the credit hours for which the student registered for that semester. During a single academic year, including the summer session, the amount of tuition assistance provided to any eligible student may not exceed the tuition and generally applicable fees for forty-five credit hours at a South Dakota public postsecondary institution as of July 1, 2022. Total tuition assistance may not exceed the tuition and generally applicable fees for one hundred twenty credit hours. Tuition assistance payments must be paid to a postsecondary institution, on behalf of an eligible student there enrolled, in the amount of tuition and fees of an eligible student, upon submission of proof of registration of the student at the institution. Participating institutions shall establish proof of registration for all paraprofessional tuition assistance scholarship students for each semester.

Section 6. That chapter 1-54 be amended with a NEW SECTION:

In order to maintain eligibility for the paraprofessional tuition assistance scholarship program, an eligible student must:

(1) Maintain enrollment at the accredited postsecondary institution;

(2) Maintain a cumulative 2.8 grade point average on a 4.0 scale;

(3) Make satisfactory academic progress toward a degree as determined by the student's program of study; and

(4) Continue working as a paraprofessional in the qualifying school while taking coursework.

If factors beyond the control of an eligible student prevent the student from meeting any of the requirements of subdivisions (1) to (3), inclusive, the secretary of tribal relations may temporarily waive the requirements of those subdivisions if good cause is demonstrated.

Section 7. There is hereby appropriated from the general fund the sum of $500,000 to the Department of Tribal Relations, for purposes of funding the paraprofessional tuition assistance program established by this Act.

Section 8. The secretary of the Department of Tribal Relations shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 9. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 10. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.