FOR AN ACT ENTITLED, An Act to allow a school district to operate an attendance center within another school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 13-23 be amended by adding a NEW SECTION to read:

    A school board may establish an attendance center outside the boundaries of its school district that is within the boundaries of another school district only when both school districts have entered into a joint powers agreement pursuant to chapter 1-24 to provide instruction to the students enrolled in the attendance center.

    The superintendent of each school district shall meet and negotiate the terms of the joint powers agreement at reasonable times and each superintendent shall negotiate in good faith. A superintendent is not compelled to agree to a proposal or required to make a concession but is required to provide his or her rationale for any position taken by the superintendent in the negotiations.

    If the superintendents agree upon the terms of the joint powers agreement, each

superintendent shall present the joint powers agreement to the superintendent's respective school board for review and approval. Each school board may approve or reject the joint powers agreement by adoption of a resolution.

    If each school board adopts a resolution to approve the joint powers agreement, the school board for the school district that will operate the attendance center shall submit the joint powers agreement and each school board's resolution of approval to the secretary of education.
    Section 2. That chapter 13-23 be amended by adding a NEW SECTION to read:

    A school board may approve the operation of the attendance center under the provisions of a joint powers agreement if the attendance center will meet the educational needs of the students who will attend it. The educational needs of the students are deemed to be met if the school board concludes that the school district that will operate the attendance center will provide the students with the opportunity to learn fundamental education skills and the school district will provide courses of instruction that meet grade appropriate academic content standards.

    The operation of an attendance center under the authority of this Act does not affect the operation or authority of any other type of organization to provide an education such as a cooperative educational learning unit or a virtual school.
    Section 3. That the code be amended by adding a NEW SECTION to read:

    A joint powers agreement for a school district to operate an attendance center within the boundaries of another school district is not required for any attendance center that was operated by a school district before January 1, 2016. This section is repealed on July 1, 2018.