CHAPTER 13-53
ADMINISTRATION OF STATE INSTITUTIONS
13-53-1 Departments and courses of study--Textbooks--Admission and graduation requirements.
13-53-1.1 Draft registration compliance as prerequisite to enrollment--Statement of registration compliance.
13-53-1.2 Form for statement of registration compliance--Inclusion in application.
13-53-1.3 Postsecondary institutions may offer elective course in American sign language.
13-53-2 Unnecessary duplication of departments and facilities prohibited.
13-53-3 Economy considered in administration of schools--Unification of work.
13-53-4 Rules and regulations for management of institutions.
13-53-5 Delegation of authority to school officials.
13-53-6 Tuition rates and fees.
13-53-6.1 13-53-6.1. Repealed by SL 1989, ch 156, § 2
13-53-6.2 Reciprocal attendance agreements between South Dakota and Minnesota boards--Legislative approval required.
13-53-6.3 Qualification for resident tuition rates.
13-53-7 Degrees and honors conferred by board--Faculty recommendation.
13-53-8 Contract with school board for educational services.
13-53-9 13-53-9, 13-53-10. Repealed by SL 1975, ch 128, § 377
13-53-11 Federal funds and institutional endowment income paid to state treasurer--Credit to institution.
13-53-12 13-53-12, 13-53-13. Repealed by SL 1983, ch 29, §§ 8, 9
13-53-14 Institutional officer appointed to receive fees and charges--Payment into treasury.
13-53-15 Receipt by state treasurer of institutional moneys--Distribution.
13-53-15.1 13-53-15.1. Repealed by SL 1996, ch 131, § 1
13-53-15.2 13-53-15.2. Repealed by SL 1983, ch 137, § 2
13-53-15.3 Medical school funds.
13-53-16 13-53-16. Repealed by SL 1983, ch 29, § 10
13-53-17 Expenditure of federal funds limited to amounts received during year--Approval of budget excesses.
13-53-18 Board approval of expenditures required--Indebtedness limited to available funds--Expenditures limited by legal purposes.
13-53-19 Delegation of authority for expenditures to institutional officer--Bond--Method of expenditures and purposes.
13-53-20 Examination of vouchers and claims by state auditor--Issuance and transmittal of warrant.
13-53-21 Insurance against loss or damage to educational materials and equipment at institutions.
13-53-22 Institutions named as insured in policies.
13-53-23 Payment of insurance premiums.
13-53-23.1 Residence defined.
13-53-24 Twelve-month residency requirement to qualify as resident student.
13-53-25 Residence in state for sole purpose of attending institution of higher education not counted for residency requirement.
13-53-26 Twelve months of residency must immediately precede first day of classes.
13-53-27 Residence of unemancipated person for purpose of higher education.
13-53-28 Board of Regents approval required when guardian residence basis of residency and predominant purposes is for education.
13-53-29 Exception to twelve-month residency requirements.
13-53-29.1 Resident tuition--Veterans--Armed forces personnel--Spouse or child.
13-53-29.2 Recipient of veteran's educational benefits exempt from twelve-month residency requirement.
13-53-30 Reclassification of residence status upon removal of parents' residence.
13-53-31 Residence classification to remain with continuous enrollment.
13-53-32 Affect of foreign citizenship on residence status.
13-53-33 Exemption from nonresident tuition and fees for nonresident student.
13-53-34 Factors relevant to change in nonresident status and predominant purpose for physical presence in state.
13-53-34.1 Reclassification to resident status upon marriage to state resident.
13-53-35 Affect of paying taxes and voting on residence status.
13-53-36 Burden of proof in claim to resident student status.
13-53-37 Appeal of residency determination.
13-53-38 Authority of board to grant resident status in unusual circumstances.
13-53-39 Penalties for fraud or deceit by student in applying for resident status.
13-53-40 Suspension for failure to pay additional money due because of nonresident status.
13-53-41 Waiver of overpayment of tuition and fees for failure to timely appeal.
13-53-41.1 Resident status of graduates of high school operated by Bureau of Indian Affairs.
13-53-41.2 Repealed
13-53-42 Loss of eligibility for intercollegiate extracurricular competition upon controlled substance violation.
13-53-43 Transfer of credits--General education.
13-53-44 Technical colleges--Transfer of credits.
13-53-45 Confidentiality of information--Restrictions.
13-53-46 Definition of terms in §§ 13-53-47 and 13-53-48.
13-53-47 Immunizations required for students entering public or private postsecondary educational institutions--Alternatives.
13-53-48 Time for submission of documentation.
13-53-49 Expressive activity and intellectual diversity defined.
13-53-50 Commitment to free expression and discussion of intellectually diverse topics at institutions of higher education.
13-53-51 Use of outdoor areas as public forum--Reasonable restrictions--Expressive activity in other areas not limited.
13-53-52 Discrimination based on content or viewpoint of expressive activity prohibited.
13-53-53 Annual report on intellectual diversity and free exchange of ideas.
13-53-54 Programs to increase enrollment, retention, and support for students who are tribal members.
13-53-55 State resources prohibited--Obscene live conduct.
13-53-1. Departments and courses of study--Textbooks--Admission and graduation requirements.
The Board of Regents may establish the departments and courses of study, in the institutions under its control, as it thinks best, to determine what textbooks shall be used, what requirements for the admission and graduation of students shall be maintained.
Source: SDC 1939, § 15.0713; SL 1986, ch 143; SL 2002, ch 93, § 1.
13-53-1.1. Draft registration compliance as prerequisite to enrollment--Statement of registration compliance.
No male person born after December 31, 1959, may enroll at any state-supported college or university until such person has filed with the institution a statement of registration compliance. In such a statement of registration compliance, the person shall certify, under oath, either that he is registered with the selective service pursuant to the Military Selective Service Act, 50 U.S.C. § 453, as amended and in effect on January 1, 1988, or that, for any reason specified in 50 U.S.C. § 453, he is not required to be registered.
Source: SL 1988, ch 159, § 1.
13-53-1.2. Form for statement of registration compliance--Inclusion in application.
The Board of Regents shall prescribe the form for the statement of registration compliance provided by § 13-53-1.1 and shall insure that the statement of registration compliance be included in applications for all new and transfer students.
Source: SL 1988, ch 159, § 2.
13-53-1.3. Postsecondary institutions may offer elective course in American sign language.
Any postsecondary educational institution controlled by the State Board of Regents may offer an elective course in American sign language according to policy adopted by the Board of Regents.
Source: SL 1991, ch 148, § 4.
13-53-2. Unnecessary duplication of departments and facilities prohibited.
The Board of Regents is expressly forbidden to continue or to create chairs, departments, laboratories, libraries, or other equipment in multiplication, except where the obvious needs of the special work of the school make such multiplication necessary.
Source: SDC 1939, § 15.0713.
13-53-3. Economy considered in administration of schools--Unification of work.
The board shall, at all times, so administer the schools as to enable each one of them to do in the best manner its own specific work, with a view to the strictest economy, and so as to unify and harmonize the entire work of all the schools under its control.
Source: SDC 1939, § 15.0713.
13-53-4. Rules and regulations for management of institutions.
The Board of Regents shall have power to enact and enforce all rules and regulations, not in conflict with any law, and deemed necessary by it for the wise and successful management of the institutions under its control and for the government of students and employees therein.
Source: SDC 1939, § 15.0714.
13-53-5. Delegation of authority to school officials.
The board may delegate provisionally to the president, dean, superintendent, or faculty of any school under its control, so much of the authority conferred by § 13-53-4 or §§ 13-53-23 to 13-53-41, inclusive, as in its judgment seems proper and in accordance with the usual custom in such cases.
Source: SDC 1939, § 15.0714; SL 1975, ch 128, § 338; SL 1996, ch 130, § 20.
13-53-6. Tuition rates and fees.
The board shall fix all rates of tuition and other fees to be paid by students.
Source: SDC 1939, § 15.0716; SL 1969, ch 35.
13-53-6.2. Reciprocal attendance agreements between South Dakota and Minnesota boards--Legislative approval required.
The State Board of Regents may enter into an agreement with the Minnesota Higher Education Coordinating Board to, on a reciprocal basis, enable any resident of South Dakota to attend any public institution of higher education in Minnesota, and any resident of Minnesota to attend any public institution of higher education in South Dakota, without being required to pay nonresident tuition fees. The terms of the agreement shall provide for approximately equal advantages between the contracting parties.
However, nothing in the above entitlement shall bind the State of South Dakota without final legislative approval.
Source: SL 1977, ch 145, §§ 1, 2.
13-53-6.3. Qualification for resident tuition rates.
Notwithstanding any other provision of law, the following persons qualify for resident tuition rates at the institutions controlled by the Board of Regents:
(1) Any citizen or other person entitled under law to establish a residence in the United States who graduates from a South Dakota high school; or
(2) Any citizen or other person entitled under law to establish a residence in the United States who was a South Dakota resident at the time of high school graduation and lived with a parent or legal guardian who was also a South Dakota resident.
Source: SL 1997, ch 104, § 1; SL 2013, ch 89, § 1.
13-53-7. Degrees and honors conferred by board--Faculty recommendation.
The Board of Regents is authorized to confer all scholastic honors and degrees usually granted by such boards; and all degrees, diplomas, and certificates of graduation shall be issued and conferred in its name and by its express authority. In conferring degrees the board shall conform as nearly as may be to the best and most reputable current practice in such matters. Students shall be graduated from each institution by the Board of Regents upon recommendation of the faculty of such institution.
Source: SDC 1939, § 15.0719.
13-53-8. Contract with school board for educational services.
The Board of Regents and any school board of this state shall have the power to enter into a contract or contracts, for such consideration as may be agreed upon, whereby any state educational institution under the control of the Board of Regents, having a department for the practice and training of teachers may contract for educational services for children of the district.
Source: SDC 1939, § 15.0715; SL 1975, ch 128, § 339.
13-53-11. Federal funds and institutional endowment income paid to state treasurer--Credit to institution.
Money received for the use and benefit of any of the educational institutions under the control of the Board of Regents from the United States, or from interest on the permanent funds or from leases of land granted to the State of South Dakota in trust for the use and benefit of said institution shall be paid to the state treasurer, and shall be receipted for by him and credited to the proper institution.
Source: SDC 1939, § 15.0723; SL 1965, ch 36, § 2.
13-53-14. Institutional officer appointed to receive fees and charges--Payment into treasury.
All money received by such institution for rents of state owned dormitories, tuition, or other fees authorized by the board, except such rents, fees, and other moneys specifically authorized to be placed in other funds, or from articles, products, or materials sold by its authority, shall be collected by an officer of said institution designated by the board to make such collections, under proper bonds, and such officer shall pay all such moneys thus received by him to the state treasurer, at the time and in the manner provided by law; and no other person shall be permitted to collect or hold any money belonging to such institutions.
Source: SDC 1939, § 15.0723; SL 1965, ch 36, § 2; SL 1975, ch 128, § 340.
13-53-15. Receipt by state treasurer of institutional moneys--Distribution.
The state treasurer shall receive and receipt all money arising from any of the educational institutions under the control of the Board of Regents. Any tuition collected pursuant to § 13-53-6 shall be deposited eighty-eight and one-half percent into the tuition and fees fund which is hereby created and continuously appropriated to the Board of Regents and eleven and one-half percent into the higher education facilities fund. Any money collected from interest on permanent funds or from lease income from lands granted to the state for the use and benefit of each institution shall be deposited into the Board of Regents endowed institution interest and income fund created by § 5-10-1.1.
Source: SDC 1939, § 15.0723; SL 1965, ch 36, § 2; SL 1977, ch 143, § 1; SL 1978, ch 126, § 2; SL 1982, ch 154, § 1; SL 1983, ch 137, § 1; SL 1989, ch 50, § 3; SL 1994, ch 141; SL 2016, ch 109, § 10, eff. Mar. 21, 2016.
13-53-15.3. Medical school funds.
Notwithstanding the provisions of § 13-53-15, medical school deposits into the higher education facilities fund shall equal eleven and one-half percent of the medical school tuition and fee revenue minus one hundred seventy-five thousand dollars.
Source: SL 1984, ch 132; SL 1996, ch 131, §§ 2, 3; SL 2016, ch 109, § 11, eff. Mar. 21, 2016.
13-53-17. Expenditure of federal funds limited to amounts received during year--Approval of budget excesses.
The expenditure of moneys for programs or activities financed from any moneys or grants received from the United States shall be limited to the amounts of receipts received for such purposes during a fiscal year and any amounts received during a fiscal year in excess of federal moneys anticipated and included as receipts in the budget of the Governor are hereby appropriated and shall be authorized for expenditure upon specific approval by the commissioner of finance and management and the Board of Regents.
Source: SDC 1939, § 15.0723 as added by SL 1965, ch 36, § 2.
13-53-18. Board approval of expenditures required--Indebtedness limited to available funds--Expenditures limited by legal purposes.
Except as provided in § 13-53-19, expenditures shall be made only by express authority of the Board of Regents first obtained, and no indebtedness shall ever be permitted or incurred except against funds already available for such purpose, and no expenditure from any fund shall, under any circumstances, be made except for the legal purpose for which such fund exists and for the institution to which it belongs.
Source: SDC 1939, § 15.0724; SL 1955, ch 40.
13-53-19. Delegation of authority for expenditures to institutional officer--Bond--Method of expenditures and purposes.
The Board of Regents may by resolution delegate the authority described in § 13-53-18 to an officer or employee of the institution for which the expenditure is to be made who has furnished to the State of South Dakota a good and sufficient bond respecting such duties, which delegation of authority shall be subject to revocation by resolution of the board. The secretary of such board shall file copies of such resolutions, duly certified by him, with the state auditor. The method in detail of making expenditures and purchases, except so far as they are specified by this chapter, shall be left to the discretion of the Board of Regents.
Source: SDC 1939, § 15.0724; SL 1955, ch 40.
13-53-20. Examination of vouchers and claims by state auditor--Issuance and transmittal of warrant.
Whenever a properly authenticated voucher approved by the Board of Regents, or officer or employee with unrevoked delegated authority under § 13-53-19, is presented to the state auditor, it shall be his duty to audit and adjust the same, and, for the sums which shall be found due from the state, issue a warrant on the state treasury payable to the person entitled thereto, and transmit same to the payee thereof, or as he may request, or to the said board or the proper state institution, as the case may require.
Source: SDC 1939, § 15.0724; SL 1955, ch 40.
13-53-21. Insurance against loss or damage to educational materials and equipment at institutions.
The State Board of Regents is hereby empowered and authorized to procure insurance protecting the books, manuscripts, papers, periodicals, records, computers, television equipment, equipment used for instructional or research purposes, and works of art, owned by the State of South Dakota and located at or used by the state institutions under the control of the State Board of Regents, against loss or damage resulting from theft, fire, or other casualty.
Source: SL 1970, ch 129, § 1.
13-53-22. Institutions named as insured in policies.
Policies of insurance purchased by the State Board of Regents pursuant to the authority granted in § 13-53-21 shall in each instance name as insured the state institution which uses or at which is located the particular property covered by such insurance.
Source: SL 1970, ch 129, § 2.
13-53-23. Payment of insurance premiums.
The State Board of Regents is hereby empowered and authorized to expend from any funds available for college and university operations sufficient amounts to pay the costs of premiums of any insurance purchased pursuant to the authority granted in § 13-53-21.
Source: SL 1970, ch 129, § 3.
13-53-23.1. Residence defined.
For the purpose of §§ 13-53-23 to 13-53-41, inclusive, residence, means the place where a person has a permanent home, at which the person remains when not called elsewhere for labor, studies, or other special or temporary purposes, and to which the person returns at times of repose. It is the place a person has voluntarily fixed as the person's permanent habitation with an intent to remain in such place for an indefinite period. A person, at any one time, has but one residence and a residence in not lost until another is gained.
Source: SL 1996, ch 130, § 1.
13-53-24. Twelve-month residency requirement to qualify as resident student.
A person entering the state from another state or country does not at that time become a resident for the purposes of §§ 13-53-23 to 13-53-41, inclusive, unless, except as provided in §§ 13-53-29 to 13-53-29.2, inclusive, the person is a resident for twelve months in order to qualify as a resident student for tuition and fee purposes.
Source: SL 1996, ch 130, § 2; SL 2012, ch 101, § 2; SL 2019, ch 93, § 1.
13-53-25. Residence in state for sole purpose of attending institution of higher education not counted for residency requirement.
Physical presence in South Dakota for the predominant purpose of attending a college, university, or other institution of higher education does not count in determining the twelve-month period of residence. Absence from South Dakota for such purpose does not deprive a person of resident student status.
Source: SL 1996, ch 130, § 3.
13-53-26. Twelve months of residency must immediately precede first day of classes.
A person shall be classified as a resident student if the person has continuously resided in South Dakota for at least twelve consecutive months immediately preceding the first scheduled day of classes of the semester or other session in which the individual registers in the regental system; subject to the exception in § 13-53-29.
Source: SL 1996, ch 130, § 4.
13-53-27. Residence of unemancipated person for purpose of higher education.
The residence of an unemancipated person under twenty-four years of age follows that of the parents or of a legal guardian who has actual custody of the person or administers the property of the person. In the case of divorce or separation, if either parent meets the residence requirements, the person shall be considered a resident.
Source: SL 1996, ch 130, § 5; SL 2013, ch 89, § 2.
13-53-28. Board of Regents approval required when guardian residence basis of residency and predominant purposes is for education.
If the person comes from another state or country for the predominant purpose of attending a postsecondary regental institution, the person may not be admitted to resident student status upon the basis of the residence of a guardian in fact, except upon appeal to the Board of Regents.
Source: SL 1996, ch 130, § 6.
13-53-29. Exception to twelve-month residency requirements.
An unemancipated person may be classified as a resident student without meeting the twelve-month residence requirement within South Dakota if the person's presence in South Dakota results from the establishment by the person's parents of their residence within the state and if the person proves that the move was predominantly for reasons other than to enable such person to become entitled to the status of resident student. Any person entitled to receive tuition and fees from the Department of Human Services or the Department of Social Services shall be classified a resident student.
Source: SL 1996, ch 130, § 7; SL 1998, ch 103, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011.
13-53-29.1. Resident tuition--Veterans--Armed forces personnel--Spouse or child.
The following are classified as resident students without having to meet the twelve-month residency requirement within South Dakota pursuant to § 13-53-24:
(1) Any person who is a veteran as defined in § 33A-2-1 or 33A-2-2;
(2) Any person who is an active duty member of the armed forces;
(3) The spouse or child of a veteran who has established residency in this state; and
(4) The spouse or child of an active duty member of the armed forces.
Source: SL 2012, ch 101, § 1; SL 2015, ch 107, § 1; SL 2021, ch 81, § 1.
13-53-29.2. Recipient of veteran's educational benefits exempt from twelve-month residency requirement.
Any person living in the state shall be classified as a resident student without meeting the twelve-month residency requirement within South Dakota pursuant to the provisions of § 13-53-24 if the person receives veteran's educational benefits pursuant to the provisions of chapters 30, 31, and 33, Title 38, of the United States Code as of January 1, 2019.
Source: SL 2015, ch 107, § 2; SL 2019, ch 93, § 2.
13-53-30. Reclassification of residence status upon removal of parents' residence.
If it appears that the parents of a person properly classified as a resident student under the provisions of § 13-53-29 have removed their residence from South Dakota, the person shall be reclassified to the status of nonresident unless the parents have been residents for the twelve months immediately preceding such removal. However, no such reclassification is effective until the beginning of a semester next following the removal.
Source: SL 1996, ch 130, § 8.
13-53-31. Residence classification to remain with continuous enrollment.
A person once properly classified as a resident student shall be deemed to remain a resident student so long as remaining continuously enrolled in the regental system until the person's degree shall have been earned, subject to the provisions of § 13-53-30.
Source: SL 1996, ch 130, § 9.
13-53-32. Affect of foreign citizenship on residence status.
The foreign citizenship of a person is not a factor in determining resident student status if the person has legal capacity to remain permanently in the United States.
Source: SL 1996, ch 130, § 10.
13-53-33. Exemption from nonresident tuition and fees for nonresident student.
A person classified as a nonresident student may show that the person is exempt from paying the nonresident tuition and fees by clear and convincing evidence that the person has been a resident, as provided by § 13-53-24, prior to the first scheduled day of classes of the semester in which the tuition and fee status is to be changed. The student shall be allowed to present evidence only after the expiration of twelve months from the date upon which the student commenced the twelve-month period for residence.
Source: SL 1996, ch 130, § 11.
13-53-34. Factors relevant to change in nonresident status and predominant purpose for physical presence in state.
The following factors are relevant in evaluating a requested change in a student's nonresident status and in evaluating whether the person's physical presence in South Dakota is for the predominant purpose of attending a college, university, or other institution of higher education:
(1) The residence of a student's parents or guardians;
(2) The situs of the source of the student's income;
(3) To whom a student pays taxes, including property taxes;
(4) The state in which a student's automobile is registered;
(5) The state issuing the student's driver's license;
(6) Where the student is registered to vote;
(7) Deleted by SL 2013, ch 89, § 3;
(8) Ownership of property in South Dakota and outside of South Dakota;
(9) The residence claimed by the student on loan application, federal income tax returns, and other documents;
(10) Admission to a licensed profession in South Dakota;
(11) Membership in civic, community, and other organizations in South Dakota or elsewhere; and
(12) The facts and documents pertaining to the person's past and existing status as a student.
The existence of one or more of these factors does not require a finding of resident student status, nor does the nonexistence of one or more require a finding of nonresident student status. All factors shall be considered in combination and resident student status may not result from the doing of acts which are required or routinely done by sojourners in the state or which are merely auxiliary to the fulfillment of educational purposes.
Source: SL 1996, ch 130, § 12; SL 2013, ch 89, § 3.
13-53-34.1. Reclassification to resident status upon marriage to state resident.
The Board of Regents shall reclassify any nonresident student to the status of resident student upon timely proof of marriage of the student to a resident of South Dakota.
Source: SL 2013, ch 89, § 4.
13-53-35. Affect of paying taxes and voting on residence status.
The fact that a person pays taxes and votes in the state does not in itself establish residence, but shall be considered as provided in § 13-53-34.
Source: SL 1996, ch 130, § 13.
13-53-36. Burden of proof in claim to resident student status.
The Board of Regents shall classify each student as resident or nonresident and may require proof of all relevant facts. The burden of proof is upon the student making a claim to a resident student status.
Source: SL 1996, ch 130, § 14.
13-53-37. Appeal of residency determination.
The Board of Regents shall provide for appeals by students of residency determinations.
Source: SL 1996, ch 130, § 15.
13-53-38. Authority of board to grant resident status in unusual circumstances.
The Board of Regents may classify a student who does not meet the requirements of §§ 13-53-23 to 13-53-41, inclusive, as a resident student, if the student's situation presents unusual circumstances and the student's classification is within the general scope of §§ 13-53-23 to 13-53-41, inclusive. The decision of the board shall be final.
Source: SL 1996, ch 130, § 16.
13-53-39. Penalties for fraud or deceit by student in applying for resident status.
A student or prospective student who knowingly provides false information or refuses to provide or conceals information for the purpose of improperly achieving resident student status is subject to the full range of penalties, including expulsion, provided for by the Board of Regents.
Source: SL 1996, ch 130, § 17.
13-53-40. Suspension for failure to pay additional money due because of nonresident status.
A student who does not pay additional moneys which may be due because of the student's classification as a nonresident student within thirty days after demand, shall be indefinitely suspended.
Source: SL 1996, ch 130, § 18.
13-53-41. Waiver of overpayment of tuition and fees for failure to timely appeal.
A student or prospective student who fails to request resident status within a particular semester or session and to pursue a timely appeal shall be deemed to have waived any alleged overpayment of tuition and fees for that semester or session.
Source: SL 1996, ch 130, § 19.
13-53-41.1. Resident status of graduates of high school operated by Bureau of Indian Affairs.
Notwithstanding the provisions of §§ 13-53-23.1 to 13-53-41, inclusive, any student who is a graduate of an accredited high school operated by the United States Bureau of Indian Affairs in this state is entitled to resident classification for the purposes of postsecondary education at a state supported institution.
Source: SL 2006, ch 86, § 1.
13-53-42. Loss of eligibility for intercollegiate extracurricular competition upon controlled substance violation.
Any person who has been determined by a court of competent jurisdiction to have possessed, used, or distributed controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law while enrolled at a South Dakota state supported institution of higher education is ineligible to participate in any form of intercollegiate extracurricular competition at any South Dakota state supported institution of higher education. Upon receiving a request from the chief administrator of the postsecondary educational institution, the Unified Judicial System shall send notice of whether the person who is the subject of the request was adjudicated in a juvenile proceeding of possessing, using, or distributing controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law if that person were an adult.
Source: SL 1997, ch 102, § 3.
13-53-43. Transfer of credits--General education.
All general education course credit hours fulfilling graduation requirements in institutions accredited by the North Central Association of Colleges and Secondary Schools accrediting agency shall be transferable between the universities under the control of the Board of Regents and the technical colleges governed by the Board of Technical Education. General education course credit hours are transferable between the technical colleges and universities only for credit for general education courses. General education means those courses which are not directly related to the student's formal technical, vocational, or professional preparation; part of every student's course of study regardless of area of emphasis; and intended to impart common knowledge, intellectual concepts, and attitudes that every educated person should possess.
Source: SL 1998, ch 99, § 1; SL 2017, ch 81, § 57; SL 2020, ch 61, § 47; SL 2020, ch 64, § 1.
13-53-44. Technical colleges--Transfer of credits.
Commencing July 1, 1999, technical colleges governed by the Board of Technical Education and accredited by the North Central Association of Colleges and Secondary Schools and universities governed by the Board of Regents and accredited by the North Central Association of Colleges and Secondary Schools shall have articulation agreements in place to transfer sixty-four credit hours in the General Studies Baccalaureate Degree program and up to sixty-four credit hours in compatible programs offered by the respective institutions under the control of the Board of Regents. By December 1, 1998, the Board of Technical Education and the Board of Regents shall report to the Executive Board of the Legislative Research Council on the progress of articulation agreements and the implementation of §§ 13-53-43 and 13-53-44. The Board of Regents and the Board of Technical Education shall, by agreement, set the criteria and requirements for the transfer of any credits.
Source: SL 1998, ch 99, § 2; SL 2017, ch 81, § 57; SL 2020, ch 61, § 48.
13-53-45. Confidentiality of information--Restrictions.
The Board of Regents shall treat all information disclosed pursuant to §§ 13-28-50 and 13-53-45 as confidential and subject to the same restrictions that apply to personally identifiable information involving any student enrolled in the universities or special schools.
Source: SL 2002, ch 89, § 2.
13-53-46. Definition of terms in §§ 13-53-47 and 13-53-48.
Terms in §§ 13-53-47 and 13-53-48 mean:
(1) "Public or private postsecondary educational institution" or "institution," any entity permitted to offer postsecondary education credits or degrees in South Dakota under § 13-49-27.1;
(2) "Student," any person born after 1956 who is registering for more than one class during an academic term, such as a quarter or a semester. The term includes any person who meets face-to-face at least once per week to receive instruction. The term does not include any person who receives non-credit-bearing or on-the-job training services.
Source: SL 2007, ch 119, § 1.
13-53-47. Immunizations required for students entering public or private postsecondary educational institutions--Alternatives.
Any student entering a public or private postsecondary education institution in this state for the first time after July 1, 2008, shall, within forty-five days after the start of classes, present to the appropriate institution certification from a licensed physician that the student has received or is in the process of receiving the required two doses of immunization against measles, rubella, and mumps. As an alternative to the requirement for a physician's certification, the student may present:
(1) Certification from a licensed physician stating the physical condition of the student would be such that immunization would endanger the student's life or health;
(2) Certification from a licensed physician stating the student has experienced the natural disease against which the immunization protects;
(3) Confirmation from a laboratory of the presence of adequate immunity; or
(4) A written statement signed by the student that the student is an adherent to a religious doctrine whose teachings are opposed to such immunizations. If the student is under the age of eighteen, the written statement shall be signed by one parent or guardian.
Source: SL 2007, ch 119, § 2.
13-53-48. Time for submission of documentation.
The institution shall require that the documentation from the student, provided for by § 13-53-47, be submitted within forty-five days after the start of classes.
Source: SL 2007, ch 119, § 3.
13-53-49. Expressive activity and intellectual diversity defined.
As used in §§ 13-53-49 to 13-53-53, inclusive:
(1) "Expressive activity," protected under the provisions of §§ 13-53-49 to 13-53-53, inclusive, includes any lawful noncommercial verbal or written means by which one person communicates ideas to another, and includes peaceful assembly, protests, speeches, distribution of literature, the carrying of signs, and the circulation of petitions; and
(2) "Intellectual diversity," denotes a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives.
Source: SL 2019, ch 94, § 1.
13-53-50. Commitment to free expression and discussion of intellectually diverse topics at institutions of higher education.
The Board of Regents shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
Source: SL 2019, ch 94, § 2.
13-53-51. Use of outdoor areas as public forum--Reasonable restrictions--Expressive activity in other areas not limited.
Any outdoor area within the boundaries of a public institution of higher education constitutes a designated public forum for the benefit of students, faculty, administrators, other employees, and their invited guests, to engage in expressive activity, unless access to the area is otherwise properly restricted.
A public institution of higher education may maintain and enforce lawful reasonable time, place, and manner restrictions regarding the use of the outdoor areas described in this section, if such restrictions are clear, narrowly tailored in the service of a significant institutional interest, published, content- and viewpoint- neutral, and provide alternate means of engaging in the expressive activity. Any such restrictions shall allow students, faculty, administrators, and other employees to spontaneously and contemporaneously assemble, as long as their conduct is not unlawful and does not materially and substantially disrupt the functioning of the institution. Nothing in this section shall be interpreted as limiting the right of students, faculty, administrators, and other employees to engage in protected expressive activity elsewhere within the boundaries of the institution. An institution may not designate any area within its boundaries as a free speech zone or otherwise restrict expressive activities to particular areas within its boundaries in a manner that is inconsistent with this section.
Source: SL 2019, ch 94, § 3.
13-53-52. Discrimination based on content or viewpoint of expressive activity prohibited.
A public institution of higher education, its faculty, administrators, and other employees, may not discriminate against any student or student organization based on the content or viewpoint of their expressive activity. Funds allocated to student organizations shall be distributed in a nondiscriminatory manner in accordance with applicable state and federal authority. Access to, and use of, facilities at a public institution of higher education shall be equally available to all student organizations, regardless of the ideological, political, or religious beliefs of the organization.
An institution may not prohibit an ideological, political, or religious student organization from requiring that its leaders or members of the organization affirm and adhere to the organization's sincerely held beliefs, comply with the organization's standards of conduct, or further the organization's mission or purpose, as defined by the organization.
Source: SL 2019, ch 94, § 4.
13-53-53. Annual report on intellectual diversity and free exchange of ideas.
On or before December first of each year, the Board of Regents shall prepare and submit to the Governor and each member of the legislature a report that:
(1) Sets forth all actions taken by each institution to promote and ensure intellectual diversity and the free exchange of ideas; and
(2) Describes any events or occurrences that impeded intellectual diversity and the free exchange of ideas.
Source: SL 2019, ch 94, § 5.
13-53-54. Programs to increase enrollment, retention, and support for students who are tribal members.
The Board of Regents is hereby authorized to develop programs to increase enrollment and improve retention and student supports for any student who is a member of one of the nine federally recognized tribes in South Dakota at state institutions, including exploration of tuition assistance or waiver programs.
The Board of Regents shall report to the Legislature by July first of each year on the activities and progress made in regard to this section, beginning July 1, 2020.
Source: SL 2019, ch 95, § 1.
13-53-55. State resources prohibited--Obscene live conduct.
The Board of Regents and any institution under its control may not:
(1) Authorize the use of any state-owned facility or property to develop, implement, facilitate, host, or promote any obscene live conduct; or
(2) Expend any public moneys in support of obscene live conduct.
For purposes of this section, the term "obscene live conduct" has the meaning given in § 22-24-27.
Source: SL 2024, ch 62, § 1.
