State of South Dakota
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NINETY-FIRST SESSION LEGISLATIVE ASSEMBLY, 2016 |
892X0371 | HOUSE BILL NO. 1111 |
Introduced by: Representatives Hunt, Bolin, Brunner, DiSanto, Gosch, Haggar (Don),
Haugaard, Klumb, Langer, Latterell, Qualm, Steinhauer, Stevens, Verchio,
Wollmann, and Zikmund and Senators Greenfield (Brock), Haggar (Jenna),
Heineman (Phyllis), Jensen (Phil), and Van Gerpen
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FOR AN ACT ENTITLED, An Act to require the high school interscholastic activities
association to promulgate major policy statements under the procedures of the
administrative rules process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-36-4 be amended to read:
13-36-4. The school board of a public school, approved and accredited by the secretary of the Department of Education, may delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association which is voluntary and nonprofit if:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-36-4 be amended to read:
13-36-4. The school board of a public school, approved and accredited by the secretary of the Department of Education, may delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association which is voluntary and nonprofit if:
(1) Membership in such the association is open to all high schools approved and
accredited pursuant to this section, including any school that allows participation by
students receiving alternative instruction as set forth in § 13-27-3, pursuant to the
provisions of this title;
(2) The constitution, bylaws, and rules of the association are subject to ratification by the
school boards of the member public school districts and the governing boards of the
member nonpublic schools and include a provision for a proper review procedure and
review board;
(3) The report of any audit required by § 13-26-5 13-36-5 is made public on the
association's website as well as the Department of Legislative Audit's website;
(4) The association complies with the provisions of chapter 1-25 and chapter 1-27.
However, any such the association, and its employees, meetings, and records, are
afforded the same exemptions and protections as a political subdivision or public
body is provided under chapter 1-25 and chapter 1-27; and
(5) The association shall report to the Government Operations and Audit Committee
annually, or at the call of the chair.
The governing body of a nonpublic school, approved and accredited by the secretary of the
Department of Education, or the North Central Association Commission on Accreditation and
School Improvement (NCA CASI), or the Association of Christian Schools International
(ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools
International (CSI), or National Lutheran School Accreditation (NLSA), or Wisconsin
Evangelical Lutheran Synod School Accreditation, may also delegate, on a year to year basis,
the control, supervision, and regulation of any high school interscholastic activities to any
association which is voluntary and nonprofit if membership in such association is open to all
high schools approved and accredited pursuant to this section, including any school that allows
participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to
the provisions of this title, and if the constitution, bylaws, and rules of the association are
subject to ratification by the school boards of the member public school districts and the
governing boards of the member nonpublic schools and include a provision for a proper review
procedure and review board.
Any association which complies with this section may exercise the control, supervision, and
regulation of interscholastic activities, including interscholastic athletic events of member
schools. Such The association may promulgate determine reasonable uniform rules, to make
decisions and to provide and enforce reasonable penalties for the violation of such these rules.
However any rule or policy statement of the association which concerns or deals with major
and significant social policy involving the exercise of judgment related to students participating
in the activities shall be promulgated pursuant to chapter 1-26.