CHAPTER 13-55
SCHOLARSHIPS AND FREE TUITION AT STATE INSTITUTIONS
13-55-1 Regents prohibited from granting scholarships except as expressly provided.
13-55-2 Veterans entitled to free tuition at state institutions--Period of entitlement.
13-55-2.1 Repealed.
13-55-3 Time allowed for use of veterans' benefits.
13-55-4 Veterans' benefits not applicable if federal benefits available.
13-55-5 Determination of eligibility for veterans' benefits.
13-55-6 Free education of children of residents who died during service in armed forces.
13-55-7 Free education of veteran's orphan--Armed forces defined.
13-55-8 Application for veteran's orphan benefits--Determination of eligibility--Rules.
13-55-9 Certificate of eligibility of veteran's orphan--Action of board final.
13-55-9.1 Assistance to dependents of prisoners or missing in action--Definition of terms.
13-55-9.2 Free tuition and fees to dependents.
13-55-9.3 Federal benefits considered.
13-55-9.4 Application to board for benefits--Determination of eligibility--Promulgation of rules.
13-55-9.5 Certificates of entitlement--Disposition of copies.
13-55-9.6 Benefits not lost by return or death of parent.
13-55-9.7 State funds used for benefits.
13-55-10 National Guard member disabled or deceased on duty--Free tuition for child or spouse.
13-55-11 Residents with visual impairment--Tuition and fee exemption--Credit hours to which entitled--Qualifying degree of impairment.
13-55-11.1 Certification of visual impairment of beneficiary.
13-55-11.2 Exclusion from tuition and fee exemption.
13-55-12 Visual impairment exemption not applicable to repeat work.
13-55-13 Visual impairment exemption not applicable to private instruction charges.
13-55-14 13-55-14 to 13-55-14.3. Repealed by SL 2007, ch 110, §§ 15 to 18.
13-55-15 13-55-15 to 13-55-19. Repealed by SL 1990, ch 140, §§ 8 to 12
13-55-20 13-55-20. Repealed by SL 2007, ch 110, § 19.
13-55-21 Firefighter, certified law enforcement officer, survivor and emergency medical technician defined.
13-55-22 Free tuition for survivors of certain firefighters, certified law enforcement officers and emergency medical technicians.
13-55-23 Application of legislative exemptions.
13-55-24 Reduced tuition--Teachers, vocational instructors, and school counselors--Records.
13-55-25 Reduced tuition--Teachers, vocational instructors, and school counselors--Maximum credit hours.
13-55-26 Reduced tuition--Teachers, vocational instructors, and school counselors--Course space limited.
13-55-27 Reduced tuition--Teachers, vocational instructors, and school counselors--Eligibility.
13-55-27.1 Reduced tuition--Teachers, vocational instructors, and school counselors--Application--Certification.
13-55-28 Reduced tuition--Teachers, vocational instructors, and school counselors--Prohibition with other reduced tuition benefits.
13-55-29 Loss of eligibility for state funded scholarships upon controlled substance violation.
13-55-30 Opportunity scholarship program established.
13-55-31 Eligibility requirements for opportunity scholarship.
13-55-31.1 High school course requirements for opportunity scholarship eligibility.
13-55-31.2 Alternative testing requirements for opportunity scholarship eligibility.
13-55-31.3 Opportunity scholarship eligibility requirements for students who received alternative instruction.
13-55-31.4 Opportunity scholarship requirements for students who have completed one semester at university, college, or technical college.
13-55-32 13-55-32. Repealed by SL 2003, ch 110, § 7, eff. July 1, 2005.
13-55-33 Allocation of scholarship--Total amount.
13-55-34 Continuing eligibility requirements for scholarship recipients.
13-55-35 Board of Regents to allocate appropriated funds and other funds received for program.
13-55-36 Board of Regents to promulgate rules.
13-55-37 Hagen-Harvey memorial scholarship program established.
13-55-38 Scholarship board established--Terms--Meetings--Membership--Quorum.
13-55-39 Eligibility for scholarship--Criteria.
13-55-39.1 Authority of board to require information of scholarship applicants.
13-55-40 Scholarship award payments--Amounts.
13-55-41 13-55-41. Repealed by SL 2014, ch 97, § 2.
13-55-41.1 Number of scholarships.
13-55-42 Maintaining eligibility--Criteria--Waiver of criteria--Rescission of award.
13-55-42.1 Alternate award of amount of rescinded scholarship.
13-55-43 Department to support board.
13-55-44 Expenditure authority appropriated to department.
13-55-45 Secretary to approve vouchers and draw warrants.
13-55-46 Department to promulgate rules, criteria.
13-55-47 Jump start scholarship program established.
13-55-48 Eligibility requirements for jump start scholarship program.
13-55-49 Amount of scholarship--Installment payments.
13-55-50 Application for admission to approved institution--Determination of scholarship eligibility--Distribution of funds.
13-55-51 Secretary to transfer appropriated funds for jump start scholarships.
13-55-52 Rejected by referendum.
13-55-62 Teach for America grant program--Duration--Amount of grants.
13-55-63 Annual report to Governor and Legislature on Teach for America grant program.
13-55-64 Critical teaching needs scholarship program--Purpose.
13-55-65 Critical Teaching Needs Scholarship Board.
13-55-66 Basis for critical teaching needs scholarship awards.
13-55-67 Eligible postsecondary institutions.
13-55-68 Critical teaching needs scholarship eligibility criteria.
13-55-69 Grade point average--Written essay or other information.
13-55-70 Amount of critical teaching needs scholarship.
13-55-71 Maintenance of eligibility for critical teaching needs scholarship.
13-55-72 Transferred to § 1-54-21 by SL 2019, ch 235 (Ex. Ord. 19-1), § 31, eff. Apr. 14, 2019.
13-55-73 Transferred to § 1-54-22 by SL 2019, ch 235 (Ex. Ord. 19-1), § 32, eff. Apr. 14, 2019.
13-55-74 Transferred to § 1-54-23 by SL 2019, ch 235 (Ex. Ord. 19-1), § 33, eff. Apr. 14, 2019.
13-55-75 Transferred to § 1-54-24 by SL 2019, ch 235 (Ex. Ord. 19-1), § 34, eff. Apr. 14, 2019.
13-55-76 Transferred to § 1-54-25 by SL 2019, ch 235 (Ex. Ord. 19-1), § 35, eff. Apr. 14, 2019.
13-55-77 Transferred to § 1-54-26 by SL 2019, ch 235 (Ex. Ord. 19-1), § 36, eff. Apr. 14, 2019.
13-55-78 Board of Regents to promulgate rules.
13-55-1. Regents prohibited from granting scholarships except as expressly provided.
The Board of Regents, or any member of said board, is prohibited from granting scholarships of any kind that may avoid the payment of tuition fees in any of the state educational institutions, except as otherwise expressly provided for by law.
Source: SDC 1939, § 15.0718.
13-55-2. Veterans entitled to free tuition at state institutions--Period of entitlement.
Any person residing in this state who is a veteran as defined by §§ 33A-2-1 and 33A-2-2 or who performed active war service, such as nursing or assisting in the care of soldiers and sailors in any government hospital, field, or camp, as a member of the Red Cross or any other similar organization engaged in war relief work which has been recognized and approved by the government of the United States, during any of the periods or combat operations specified in § 33A-2-2, upon compliance with all the requirements for admission and after qualifying for resident tuition, may attend and pursue any undergraduate course in any state educational institution under the control and management of the Board of Regents or any course at a technical college as defined in § 13-39A-1 without the payment of charges for tuition for each month of qualified service or major fraction thereof a month in academic time. However, no eligible veteran is entitled to less than one nor more than four academic years of free tuition pursuant to this section. Residence at the time of entry into military service or active war service does not affect eligibility for the entitlement created in this section. Any person who qualifies under § 33A-2-2 as a veteran based solely on a service-connected disability may receive free tuition under this section only if the veterans administration disability rating is ten percent or greater.
No tuition benefit may be provided by the state under this section until the applicant has applied all federal tuition benefits. Before receiving funds from the state for the tuition of any eligible applicant under this section, the Board of Regents or postsecondary technical institute shall verify that all federal tuition benefits have been exhausted.
Source: SDC 1939, § 15.0717; SL 1944 (SS), ch 1, § 1; SL 1953, ch 49; SL 1966, ch 37; SL 1982, ch 155; SL 1990, ch 139; SL 1994, ch 142, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2020, ch 65, § 1.
13-55-3. Time allowed for use of veterans' benefits.
The benefits to which a veteran is entitled under § 13-55-2 may be used by the veteran at any period after the date specified in § 33A-2-2 as the end of the qualifying period during which the veteran served, at any period after the end of the period of eligibility for any of the awards specified in subdivision 33A-2-2(7) for which the veteran qualifies, or at any period after the date the veteran was rated by the veterans administration as ten percent or more disabled.
Source: SDC 1939, § 15.0717 as added by SL 1966, ch 37; SL 1983, ch 139; SL 1987, ch 149; SL 1989, ch 159; SL 1994, ch 142, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2016, ch 98, § 1.
13-55-4. Veterans' benefits not applicable if federal benefits available.
Section 13-55-2 shall not be applicable if such person under act of Congress is entitled to have such tuition paid by the United States, or is entitled to receive in part from the United States for education and training allowance and in part the expenses of his subsistence, tuition, fees, supplies, books, and equipment.
Source: SDC 1939, § 15.0717 as added by SL 1966, ch 37.
13-55-5. Determination of eligibility for veterans' benefits.
It shall be the duty of the Board of Regents to determine who are entitled to the benefits of § 13-55-2.
Source: SDC 1939, § 15.0717; SL 1944 (SS), ch 1, § 1; SL 1953, ch 49; SL 1966, ch 37.
13-55-6. Free education of children of residents who died during service in armed forces.
Any person under the age of twenty-five years, a resident of this state, who is a child of a deceased parent, mother or father, who was a veteran as defined in § 33A-2-1, who was for at least six months immediately prior to entry into active service a bona fide resident of this state, and who suffered death from any cause while in the service of the armed forces of the United States, is entitled to free tuition and entitled to attend and pursue any course or courses of study in any state educational institution under the control and management of the Board of Regents or any technical college as defined in § 13-39A-1 without the payment of any charges or costs therefor.
Source: SL 1947, ch 186, § 1; SL 1951, ch 216; SDC Supp 1960, § 15.0717-2; SL 1981, ch 158; SL 2004, ch 135, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 20, eff. Apr. 12, 2011; SL 2017, ch 81, § 62; SL 2020, ch 61, § 49.
13-55-7. Free education of veteran's orphan--Armed forces defined.
The term, "armed forces," as used in § 13-55-6, means all components of the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard.
Source: SL 1947, ch 186, § 4; SDC Supp 1960, § 15.0717-2; SL 2023, ch 109, § 1.
13-55-8. Application for veteran's orphan benefits--Determination of eligibility--Rules.
Any person desiring to use the benefits of § 13-55-6 shall apply to the Board of Regents. The Board of Regents shall determine whether the applicant is entitled to the benefits. The Board of Regents may promulgate rules pursuant to chapter 1-26 to accomplish the purposes of §§ 13-55-6 to 13-55-9, inclusive.
Source: SL 1947, ch 186, § 2; SDC Supp 1960, § 15.0717-2; SL 1975, ch 128, § 342; SL 2007, ch 187, § 231.
13-55-9. Certificate of eligibility of veteran's orphan--Action of board final.
If the Board of Regents determines that any person applying under § 13-55-8 is entitled to free tuition in any state educational institution under the control and management of the Board of Regents, the board shall issue its certificate in duplicate that the person is entitled to free tuition in such an educational institution. One of the duplicate certificates shall be delivered to the educational institution with which the person desires to matriculate and the other duplicate certificate shall be delivered to the person applying for the benefits of § 13-55-6. The action of the Board of Regents is final.
Source: SL 1947, ch 186, §§ 3, 5; SDC Supp 1960, § 15.0717-2; SL 2007, ch 187, § 232.
13-55-9.1. Assistance to dependents of prisoners or missing in action--Definition of terms.
Terms used in §§ 13-55-9.2 to 13-55-9.7, inclusive, unless the context otherwise requires, mean:
(1) "Dependent," any child born before or during the period of time a parent served as a prisoner of war or was declared a person missing in action, any child legally adopted or in the legal custody of the parent prior to and during the time the parent served as a prisoner of war or was declared to be a person missing in action, or the spouse, if not legally separated, of the prisoner of war or person missing in action; and
(2) "Prisoner of war" and "person missing in action," any person who was a resident of the State of South Dakota at the time he entered service of the United States armed forces, or whose official residence is within the State of South Dakota, and who, while serving in the United States armed forces has been declared to be a prisoner of war or to be a person missing in action as established by the secretary of defense after January 1, 1940.
Source: SL 1973, ch 108, § 1; SL 1975, ch 128, § 343; SL 1985, ch 147.
13-55-9.2. Free tuition and fees to dependents.
Any dependent of a prisoner of war or a person missing in action, upon his being duly accepted for enrollment into any state supported institution of higher education or state supported technical or vocational school, shall be entitled to eight semesters or twelve quarters, free of tuition and mandatory fees, other than subsistence expenses, for either full or part-time study, for so long as he is eligible.
Source: SL 1973, ch 108, § 2.
13-55-9.3. Federal benefits considered.
No benefits shall accrue to a dependent under the provisions of § 13-55-9.2 if equal or greater benefits are made available, under act of Congress, by the United States, but state benefits shall be available to a dependent to supplement any lesser benefits from federal sources.
Source: SL 1973, ch 108, § 4.
13-55-9.4. Application to board for benefits--Determination of eligibility--Promulgation of rules.
Any person applying for the benefits provided by § 13-55-9.2 shall submit an application to the Board of Regents or the South Dakota Board of Technical Education. The respective board receiving the application shall determine whether the person applying is entitled to the benefits provided by § 13-55-9.2 at an institution under the board's respective jurisdiction or control. Each board may promulgate rules, pursuant to chapter 1-26, to establish the application process and the process to determine an applicant's eligibility for the benefits.
Source: SL 1973, ch 108, § 5; SL 2017, ch 81, § 57; SL 2018, ch 9, § 3.
13-55-9.5. Certificates of entitlement--Disposition of copies.
Upon the Board of Regents or the South Dakota Board Education determining that any such person applying under the provisions of § 13-55-9.4 is entitled to receive the benefits provided in § 13-55-9.2, the appropriate board shall issue a certificate in duplicate that such person named is entitled to the benefits of § 13-55-9.2, one of which duplicate certificates shall be delivered to the educational institution with which said person desires to matriculate and the other of which duplicate certificates shall be delivered to the person so applying for the benefits of § 13-55-9.2.
Source: SL 1973, ch 108, § 6.
13-55-9.6. Benefits not lost by return or death of parent.
Once a person qualifies as a dependent under the terms and provisions of §§ 13-55-9.1 to 13-55-9.7, inclusive, there shall be no situation such as the return of the parent or reported death of the parent that will remove the dependent from provisions or benefits of said sections.
Source: SL 1973, ch 108, § 3; SL 1975, ch 128, § 344.
13-55-9.7. State funds used for benefits.
The benefits authorized by §§ 13-55-9.1 to 13-55-9.6, inclusive, shall be paid out of the state funds available to the Board of Regents or the Division of Education Services and Resources, respectively.
Source: SL 1973, ch 108, § 7.
13-55-10. National Guard member disabled or deceased on duty--Free tuition for child or spouse.
Any resident of this state who is less than twenty-five years of age and whose parent has died or has sustained a total disability, permanent in nature, resulting from duty as a member of the South Dakota National Guard, while on state or federal active duty or any authorized training duty, is entitled to tuition without cost and is entitled to attend any course or courses of study in any state educational institution under the control and management of the Board of Regents or the Board of Technical Education. Any person who is a resident of this state whose spouse has died or has sustained a total disability, permanent in nature, resulting from duty as a member of the South Dakota National Guard, while on state or federal active duty or any authorized training duty, is entitled to tuition without cost and is entitled to attend any course or courses of study in any state educational institution under the control and management of the Board of Regents or the Board of Technical Education.
The application and receipt of the benefits of this section are governed by the provisions of §§ 13-55-6 to 13-55-9, inclusive.
Source: SL 1967, ch 57; SL 1975, ch 128, § 345; SL 2006, ch 88, § 1; SL 2007, ch 187, § 233; SL 2023, ch 93, § 1.
13-55-11. Residents with visual impairment--Tuition and fee exemption--Credit hours to which entitled--Qualifying degree of impairment.
Any resident of this state with a visual impairment who possesses the entrance requirements for admission to any educational institution under supervision of the Board of Regents shall be permitted to enter and pursue any course or course of study offered by such institution, including distance education courses not subsidized by the state general fund, without payment of tuition, library fees, registration fees, or any other fees that other students are required to pay directly to such institution until the resident with a visual impairment has received two hundred twenty-five semester hours of credit or its equivalent. Any person shall be deemed to be a person with a visual impairment within the meaning of this section who cannot, with use of correcting glasses, see sufficient to perform ordinary activities for which eyesight is essential.
Source: SL 1939, ch 52, §§ 1, 2; SL 1957, ch 48; SDC Supp 1960, § 15.0717-1; SL 1970, ch 110, § 1; SL 2021, ch 82, § 1.
13-55-11.1. Certification of visual impairment of beneficiary.
Before any person shall secure the benefits of §§ 13-55-11 to 13-55-13, inclusive, the Division of Rehabilitation Services shall certify in writing to the registrar of the educational institution involved, that based upon medical information on file with the Division of Rehabilitation Services such person is visually impaired to the extent specified in said sections.
Source: SL 1970, ch 110, § 2; SL 1975, ch 128, § 346.
13-55-11.2. Exclusion from tuition and fee exemption.
The exemption provided by § 13-55-11 does not apply to any visually impaired resident of this state who is entitled to receive tuition and fee support from the Department of Human Services.
Source: SL 1980, ch 147; SL 1989, ch 21, § 46.
13-55-12. Visual impairment exemption not applicable to repeat work.
The exemption from charges provided by § 13-55-11 shall not apply where a course is repeated on account of unsatisfactory work unless caused by illness or some other cause for which such student is not responsible.
Source: SL 1939, ch 52, § 1; SL 1957, ch 48; SDC Supp 1960, § 15.0717-1.
13-55-13. Visual impairment exemption not applicable to private instruction charges.
The exemption provided by § 13-55-11 shall not apply to any charges made for private instruction.
Source: SL 1939, ch 52, § 1; SL 1957, ch 48; SDC Supp 1960, § 15.0717-1.
13-55-21. Firefighter, certified law enforcement officer, survivor and emergency medical technician defined.
Terms used in § 13-55-22 mean:
(1) "Certified law enforcement officer," a law enforcement officer as defined by § 23-3-27 who has been certified by the Law Enforcement Officer's Standards Commission as being qualified under provisions of §§ 23-3-26 to 23-3-47, inclusive;
(2) "Emergency medical technician" or "EMT," a person who has successfully completed a state approved course of instruction in emergency medical care and is currently certified. The following levels of EMTs are included: emergency medical technician-ambulance (EMT-A); emergency medical technician-intermediate (EMT-I); emergency medical technician-special skills (EMT-SS); and emergency medical technician-paramedic (EMT-P);
(3) "Firefighter," a person who is a member of a paid or volunteer fire department that is a part of or administered by, this state, any political subdivision of this state, or a rural fire protection district;
(4) "Survivor," a child under the age of twenty-one of a firefighter or certified law enforcement officer or emergency medical technician at the time of the firefighter's or peace officer's or EMT's death.
Source: SL 1988, ch 160, § 1; SL 1991, ch 159, § 1.
13-55-22. Free tuition for survivors of certain firefighters, certified law enforcement officers and emergency medical technicians.
If a firefighter or certified law enforcement officer or an emergency medical technician dies as a direct result of injuries received in performance of official duties, the survivor, upon being duly accepted for enrollment into any state-supported institution of higher education or state-supported technical or vocational school, shall be allowed to obtain a bachelor's degree or vocational degree for so long as the survivor is eligible, free of any tuition. However, the bachelor's degree or vocational degree shall be earned within a thirty-six month or eight-semester period or its equivalent.
Source: SL 1988, ch 160, § 2; SL 1991, ch 159, § 2.
13-55-23. Application of legislative exemptions.
Except as otherwise provided by law, legislatively mandated exemptions, whether whole or partial, from the obligation to pay tuition or other required fees apply only to classes, courses and instructional programs directly supported by moneys appropriated from the general fund.
Source: SL 1993, ch 45, § 4; SL 1993, ch 150, § 5; SL 1993, ch 151; SL 2008, ch 86, § 2.
13-55-24. Reduced tuition--Teachers, vocational instructors, and school counselors--Records.
A teacher, vocational instructor, or school counselor, who meets the requirements of §§ 13-55-27 and 13-55-27.1, and all of the requirements for admission, may attend and pursue any undergraduate or graduate course in any institution under the control and management of the Board of Regents upon the payment of fifty percent of tuition and one hundred percent of required fees. If the teacher, vocational instructor, or school counselor enrolls in a distance education course under the control and management of the Board of Regents or other course under the control and management of the Board of Regents that is not subsidized by the general fund, the teacher, instructor, or counselor is entitled to a benefit of fifty percent of the tuition to be paid to the institution by the Board of Regents based on the in-state resident tuition rate.
The Board of Regents shall maintain an annual record of the number of participants and the tuition dollar value of such participation.
Source: SL 1993, ch 150, § 1; SL 2016, ch 99, § 1; SL 2023, ch 60, § 1; SL 2024, ch 64, § 1.
13-55-25. Reduced tuition--Teachers, vocational instructors, and school counselors--Maximum credit hours.
A teacher, vocational instructor, or school counselor is eligible for the reduced tuition amount provided for in § 13-55-24 for a maximum of six credit hours per year.
Source: SL 1993, ch 150, § 2; SL 2023, ch 60, § 2; SL 2024, ch 64, § 2.
13-55-26. Reduced tuition--Teachers, vocational instructors, and school counselors--Course space limited.
The right of any teacher, vocational instructor, or school counselor to participate in the reduced tuition program under §§ 13-55-24 to 13-5-28, inclusive, is limited to the space available, as determined by the course instructor, in any course, after all of the full-time or full tuition paying students have registered.
Source: SL 1993, ch 150, § 3; SL 2023, ch 60, § 3; SL 2024, ch 64, § 3.
13-55-27. Reduced tuition--Teachers, vocational instructors, and school counselors--Eligibility.
To be eligible for the reduced tuition benefit under §§ 13-55-24 to 13-55-28, inclusive, an individual must:
(1) Be a bona fide resident of the state;
(2) Be employed or contracted by a school district or Head Start program in this state as a:
(a) Teacher;
(b) Vocational instructor; or
(c) School counselor; and
(3) Be required by state law, administrative rules, or an employment contract to attend college:
(a) As a condition of employment;
(b) To maintain a certificate to teach; or
(c) To maintain certification as a school counselor.
To remain eligible, an individual must earn an average academic grade of 3.0 or better in any course the tuition benefit is used for.
Source: SL 1993, ch 150, § 4; SL 2023, ch 60, § 4; SL 2024, ch 64, § 4.
13-55-27.1. Reduced tuition--Teachers, vocational instructors, and school counselors--Application--Certification.
To apply for the reduced tuition benefit, a teacher, vocational instructor, or school counselor shall:
(1) Submit an application, developed by the Board of Regents, to the institution at which the individual intends to register for the course; and
(2) Present certification, with the application, from the individual's employer that the individual meets the eligibility requirements of § 13-55-27.
Source: SL 2024, ch 64, § 5.
13-55-28. Reduced tuition--Teachers, vocational instructors, and school counselors--Prohibition with other reduced tuition benefits.
No benefits may accrue under §§ 13-55-24 to 13-55-27.1, inclusive, if a teacher, vocational instructor, or school counselor is entitled to other reduced tuition benefits by law.
Source: SL 1993, ch 150, § 6; SL 2023, ch 60, § 5; SL 2024, ch 64, § 6.
13-55-29. Loss of eligibility for state funded scholarships upon controlled substance violation.
Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in chapter 22-42 under circumstances which would constitute a felony under South Dakota law is ineligible for any scholarship for attendance at a postsecondary institution to the extent such scholarship is funded by the State of South Dakota. 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, § 2.
13-55-30. Opportunity scholarship program established.
There is established the South Dakota opportunity scholarship program to be administered by the Board of Regents. The purpose of the program is to allow South Dakota's most academically accomplished high school graduates to receive an affordable education at any university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota.
Source: SL 2003, ch 110, § 1; SL 2004, ch 136, § 1.
13-55-31. Eligibility requirements for opportunity scholarship.
In order to be eligible for a South Dakota opportunity scholarship award, a student shall:
(1) Be a resident of South Dakota at the time of graduation from high school;
(2) Have a composite score or superscore of 24, or higher, on the ACT or an equivalent score as determined by the Board of Regents on the SAT. The student shall take the ACT or SAT before beginning postsecondary education;
(3) Meet the high school course requirements for graduation as provided in § 13-55-31.1;
(4) Attend a university, college, or technical school that is accredited by the North Central Association of Colleges and Schools and that provides instruction from a campus located in South Dakota; and
(5) Enter into the program within five years of graduation from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school. If a student attends full-time a regionally accredited university, college, or technical school located outside South Dakota and within two years following high school graduation or within two years following release from active military service returns to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.
A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of four academic years (eight consecutive spring and fall terms) or until the attainment of a baccalaureate degree, whichever comes first. However, the executive director of the Board of Regents may grant exceptions to the continuous enrollment requirements for good cause shown.
A student who would have been eligible for the scholarship, but who applies after completing one or more semesters of full-time work at an accredited institution, may be admitted to the program only if the student has complied with the same grade point and credit hour requirements that would apply to program participants. Admission granted under these circumstances may not be retroactive, and eligibility for participation in the program shall be reduced by one semester for each semester of work completed prior to admission to the program.
Source: SL 2003, ch 110, § 2; SL 2006, ch 89, § 1; SL 2008, ch 87, § 1; SL 2008, ch 88, § 1; SL 2010, ch 96, § 2; SL 2020, ch 66, § 1.
13-55-31.1. High school course requirements for opportunity scholarship eligibility.
To be eligible for an opportunity scholarship, a student who entered the ninth grade prior to the 2010-2011 school year shall complete the following high school course requirements:
(1) Four or more units of language arts that include a minimum of the following:
(a) One and one-half units of writing;
(b) One and one-half units of literature that must include one-half unit of American Literature;
(c) One-half unit of speech or debate; and
(d) One-half unit of a language arts elective;
(2) Three or more units of social studies that include the following:
(a) One unit of U.S. History;
(b) One-half unit of U.S. government;
(c) One-half unit of geography;
(d) One-half unit of world history; and
(e) One-half unit of a social studies elective;
(3) Four units of mathematics that must include the following:
(a) One unit of algebra I;
(b) One unit of geometry;
(c) One unit of algebra II; and
(d) One unit of advanced math;
(4) Four units of science, including at least three units in laboratory science, that must include the following:
(a) One unit of biology;
(b) One unit of any physical science;
(c) One unit of chemistry or physics; and
(d) One unit of science electives;
(5) Two units of world languages (two years of the same language);
(6) One-half unit of computer studies;
(7) One unit of fine arts;
(8) One-half unit of personal finance or economics; and
(9) One-half unit of physical education or health.
A student may earn academic core content credit by completing an approved career and technical education course. Approval to offer credit for a career and technical education course must be obtained through an application process with the Department of Education. The Department of Education shall meet with the Board of Regents to determine final course approval. The application must include:
(1) Course syllabus;
(2) Standards-based curriculum;
(3) Teacher certification; and
(4) Assessment of standards by methods including end-of-course exams, authentic assessment, project-based learning or rubrics.
To be eligible for an opportunity scholarship, a student who enters the ninth grade in the 2010-2011 school year or thereafter shall complete the following high school course requirements:
(1) Four or more units of language arts that include a minimum of the following:
(a) One and one-half units of writing;
(b) One and one-half units of literature that must include one-half unit of American literature;
(c) One-half unit of speech or debate; and
(d) One-half unit of a language arts elective;
(2) Three units or more of social studies that include the following:
(a) One unit of U.S. history;
(b) One-half unit of U.S. government;
(c) One-half unit of geography;
(d) One-half unit of world history; and
(e) One-half unit of a social studies elective;
(3) Four units of mathematics that must include the following:
(a) One unit of algebra I;
(b) One unit of geometry;
(c) One unit of algebra II; and
(d) One unit of advanced math;
(4) Four units of science, including at least three units in laboratory science, that must include the following:
(a) One unit of biology;
(b) One unit of any physical science;
(c) One unit of chemistry or physics; and
(d) One unit of science electives;
(5) Two units of either of the following or a combination of the two:
(a) Approved career and technical education courses; and
(b) World languages;
Approval for a career and technical education course must be obtained through an application process with the Department of Education. The department shall meet with the Board of Regents to determine final course approval;
(6) One-half unit of personal finance or economics;
(7) One unit of fine arts;
(8) One-half unit of physical education; and
(9) For students entering the ninth grade in the 2013-2014 school year and thereafter, one-half unit of health or health integration.
A student may be granted up to one unit of credit in fine arts for participation in extracurricular activities. A maximum of one-fourth unit of credit may be granted for each extracurricular activity in which a student participates during each school year. In order to grant credit for an extracurricular activity, a school district must document the alignment of the activity with fine arts content standards approved by the South Dakota Board of Education Standards.
Students entering the ninth grade in the 2013-2014 school year and thereafter are required to take one-half unit of health at anytime during grades six through twelve. A school district may choose to integrate health across the curriculum at the middle or high school level in lieu of a stand-alone course.
A student may earn academic core content credit by completing an approved career and technical education course. Approval to offer credit for a career and technical education course must be obtained through an application process with the Department of Education. The Department of Education shall meet with the Board of Regents to determine final course approval. The application must include:
(1) Course syllabus;
(2) Standards-based curriculum;
(3) Teacher certification; and
(4) Assessment of standards by methods including end-of-course exams, authentic assessment, project-based learning or rubrics.
Source: SL 2010, ch 96, § 3; SL 2017, ch 81, § 57.
13-55-31.2. Alternative testing requirements for opportunity scholarship eligibility.
Any student who does not meet the high school course requirements as provided in subdivision 13-55-31(3) is eligible for the opportunity scholarship program if:
(1) The student takes theACT and earns a composite score or superscore of twenty-eight or higher and achieves ACT college readiness benchmark scores equaling or exceeding eighteen for English, twenty-one for reading, twenty-two for math, and twenty-four for science; or
(2) The student takes the SAT and earns a verbal-mathematics score of twelve hundred fifty or higher, while also attaining sufficiently high markers in reading, writing, mathematics, and science as not to require remediation in any of those areas.
Source: SL 2010, ch 103, § 1, eff. July 1, 2013; SL 2020, ch 66, § 2.
13-55-31.3. Opportunity scholarship eligibility requirements for students who received alternative instruction.
In order to be eligible for a South Dakota opportunity scholarship pursuant to this section, a student who received alternative instruction pursuant to §§ 13-27-3 to 13-27-9, inclusive, shall:
(1) Be a resident of this state;
(2) Obtain a composite score or superscore of at least twenty-four on the ACT or a comparable score on the SAT as determined by the Board of Regents;
(3) Provide a transcript of completed coursework that is issued by the parent or guardian listed on the notification and which includes:
(a) Four or more units of language arts, including:
(i) One and one-half units of writing;
(ii) One and one-half units of literature, one-half unit of which must be American literature;
(iii) One-half unit of speech or debate; and
(iv) One-half unit of a language arts elective;
(b) Three or more units of social studies, including:
(i) One unit of U.S. history;
(ii) One-half unit of U.S. government;
(iii) One-half unit of geography;
(iv) One-half unit of world history; and
(v) One-half unit of a social studies elective;
(c) Four units of mathematics, including:
(i) One unit of algebra I;
(ii) One unit of geometry;
(iii) One unit of algebra II; and
(iv) One unit of advanced math;
(d) Four units of science, at least three of which must be laboratory science, including:
(i) One unit of biology;
(ii) One unit of any physical science;
(iii) One unit of chemistry or physics; and
(iv) One unit of science electives;
(e) Two units of either of the following or a combination of the two:
(i) Career and technical education; and
(ii) World languages;
(f) One-half unit of personal finance or economics;
(g) One unit of fine arts;
(h) One-half unit of physical education; and
(i) One-half unit of health or health integration;
(4) Attend a university, college, or technical school that is accredited by the Higher Learning Commission and provides instruction from a campus located in this state; and
(5) Enter into the program:
(a) Within five years after the conclusion of the school year in which the student graduated, while being provided alternative instruction in accordance with §§ 13-27-3 to 13-27-9, inclusive; or
(b) Within one year after the conclusion of the school year in which the student was discharged from active duty with the armed forces, provided the discharge occurred within five years after the conclusion of the school year in which the student graduated, while being provided alternative instruction in accordance with §§ 13-27-3 to 13-27-9, inclusive.
If a student attends full-time a regionally accredited university, college, or technical school, located outside this state, and within two years from the end of the school year in which the student graduated, while being provided with alternative instruction in accordance with §§ 13-27-3 to 13-27-9, inclusive, or within two years after the conclusion of the school year in which the student was discharged from active duty with the armed forces, as set forth in subsection (b) of subdivision (5), returns to the state to attend full-time a regionally accredited university, college, or technical school, the student is eligible to receive a partial award.
A student is eligible to participate in the South Dakota opportunity scholarship program for the equivalent of eight consecutive fall and spring semesters or until the attainment of a baccalaureate degree, whichever comes first. The Board of Regents may grant exceptions to the continuous enrollment requirement upon a showing of good cause.
Source: SL 2019, ch 96, § 1; SL 2020, ch 66, § 3; SL 2021, ch 76, § 19.
13-55-31.4. Opportunity scholarship requirements for students who have completed one semester at university, college, or technical college.
Except as otherwise provided in this section, if a student who would otherwise have been eligible for a South Dakota opportunity scholarship applies after completing at least one semester of full-time work at a regionally accredited university, college, or technical college, the student shall demonstrate compliance with the same credit hour requirements that apply to program participants. A scholarship provided under these circumstances is not retroactive and a student's eligibility is reduced by one semester for each semester of work that the student had completed.
Source: SL 2019, ch 96, § 2; SL 2020, ch 61, § 50.
13-55-33. Allocation of scholarship--Total amount.
At the beginning of the fall semester, one-half of the annual opportunity scholarship must be paid to public institutions, on behalf of eligible students, or provided directly to eligible students enrolled at nonpublic institutions. The other half of the scholarship must be paid at the beginning of the spring semester.
The amount of the annual scholarship is:
(1) For students first receiving a scholarship on or before June 30, 2023:
(a) One thousand three hundred dollars for the first year of attendance;
(b) One thousand three hundred dollars for the second year of attendance;
(c) One thousand three hundred dollars for the third year of attendance; and
(d) Two thousand six hundred dollars for the fourth year of attendance, except if the student was in full-time attendance at a regionally accredited university, college, or technical school, located outside this state, prior to admission to the program, the scholarship is one thousand three hundred dollars; and
(2) For students first receiving a scholarship on or after July 1, 2023:
(a) One thousand five hundred dollars for the first year of attendance;
(b) One thousand five hundred dollars for the second year of attendance;
(c) One thousand five hundred dollars for the third year of attendance; and
(d) Three thousand dollars for the fourth year of attendance, except if the student was in full-time attendance at a regionally accredited university, college, or technical school, located outside this state, prior to admission to the program, the scholarship is one thousand five hundred dollars.
If a scholarship recipient completes an undergraduate degree within three full years of attendance and subsequently enrolls in a graduate program and attains full-time graduate status, as determined by the graduate program, at an eligible institution, as described in § 13-55-31, the recipient is entitled to the remainder of the scholarship the recipient would have received if the recipient had completed an undergraduate degree following four full years of attendance.
If, in any year, the total moneys available to finance the scholarships are insufficient to permit each eligible recipient to receive the full amount provided in this section, the available moneys must be prorated and distributed to each recipient in proportion to the entitlement set forth in this section.
The total amount payable to a student under this section may not exceed seven thousand five hundred dollars.
Source: SL 2003, ch 110, § 4; SL 2004, ch 136, § 3; SL 2006, ch 89, § 2; SL 2013, ch 90, § 1; SL 2015, ch 100, § 1; SL 2023, ch 61, § 1.
13-55-34. Continuing eligibility requirements for scholarship recipients.
In order to maintain eligibility, a student shall:
(1) Maintain a cumulative 3.0 grade point average on a 4.0 scale. Cumulative grade point average shall be calculated after the second semester and every semester thereafter. The student shall complete consecutive spring and fall terms in order to remain eligible for continuation of the scholarship program from term to term. A student whose cumulative grade point average falls below 3.0 on a 4.0 scale shall forfeit the scholarship for the subsequent semester and for subsequent semesters until the student has reestablished eligibility. To reestablish eligibility, the student shall comply with all course load, enrollment, and proficiency examination requirements for continued eligibility stated in §§ 13-55-30 to 13-55-35, inclusive, and the student shall achieve a cumulative grade point average of 3.0, or greater, on a 4.0 scale. The scholarship shall be reinstated beginning the semester following that in which the student achieves a cumulative grade point average of 3.0, or greater, on a 4.0 scale. Reinstatement of a scholarship does not extend the time allowed under the scholarship program; any scholarship award forfeited cannot be reclaimed after a student has regained eligibility. A student whose cumulative grade point average falls below 3.0 on a 4.0 scale a second time forfeits the scholarship for all subsequent semesters; and
(2)(a) Enroll in and complete at least fifteen credit hours of instruction in each consecutive spring and fall term if the student completed ninth grade prior to the 2010-2011 school year; or
(b) Enroll in and complete at least thirty credit hours of instruction in each academic year if the student completed ninth grade in the 2010-2011 school year or thereafter. For purposes of this subdivision, an academic year consists of consecutive fall and spring terms.
Earn thirty credit hours prior to the beginning of the second year of instruction, sixty credit hours prior to the beginning of the third year of instruction, and ninety credit hours prior to the fourth year of instruction. If the executive director of the Board of Regents determines that a student's failure to enroll or to maintain continued enrollment occurred as a direct result of legitimate factors outside the student's control, or has resulted from the student's participation in an activity that in the executive director's judgment provides knowledge or experience that will enhance the student's academic pursuits, the executive director may extend the student's eligibility to participate in the program for up to two additional years, if the student does not enroll in a noneligible institution.
Source: SL 2003, ch 110, § 5; SL 2008, ch 88, § 2; SL 2010, ch 96, § 4; SL 2010, ch 97, § 1.
13-55-35. Board of Regents to allocate appropriated funds and other funds received for program.
The Board of Regents may allocate funds appropriated by the Legislature or funds generated by gifts, donations, grants, or endowments for the purposes of §§ 13-55-30 to 13-55-36, inclusive, to students qualifying pursuant to § 13-55-31.
Source: SL 2003, ch 110, § 6.
13-55-36. Board of Regents to promulgate rules.
The Board of Regents shall promulgate rules, pursuant to chapter 1-26, to accomplish the purposes of §§ 13-55-30 to 13-55-36, inclusive.
Source: SL 2003, ch 110, § 8.
13-55-37. Hagen-Harvey memorial scholarship program established.
Pursuant to the donation and intent of Minerva I. Harvey, deceased August 25, 1999, as expressed by Article 2 of her Last Will and Testament and presented for probate in the State of New Jersey, Gloucester County Surrogate's Court, there is hereby established within the Department of Education the Richard Hagen-Minerva Harvey memorial scholarship program.
Source: SL 2003, ch 109, § 1; SL 2003, ch 272, § 63.
13-55-38. Scholarship board established--Terms--Meetings--Membership--Quorum.
The Richard Hagen-Minerva Harvey memorial scholarship program shall be administered by a five-member board named the Richard Hagen-Minerva Harvey Memorial Scholarship Board which is hereby established. The members shall be appointed by the Governor for a term of five years, except that the initial appointments shall be for periods of one, two, three, four, and five years. The Governor shall appoint one member as the temporary chair of the board. The board shall elect officers at its first meeting. The board shall meet no more than four times a year, not including telephonic conferences, as may be necessary to complete its responsibilities as prescribed by §§ 13-55-37 to 13-55-46, inclusive. No more than three members of the board may be of the same political party. At least two members of the board shall be enrolled members of a tribe located in South Dakota. A majority of the board shall be present either personally or telephonically to constitute a quorum.
Source: SL 2003, ch 109, § 2.
13-55-39. Eligibility for scholarship--Criteria.
In order to be eligible for a Richard Hagen-Minerva Harvey memorial scholarship award, a student shall:
(1) Attend or have graduated from a South Dakota accredited high school;
(2) Have met high school graduation requirements established by rules promulgated pursuant to chapter 1-26 by the Department of Education or be enrolled in a course of study such that upon graduation, the student will have met high school graduation requirements established by rules promulgated pursuant to chapter 1-26 by the Department of Education;
(3) Provide evidence to the board that the student has been accepted to attend a public or nonpublic accredited university, college, or technical college located in South Dakota;
(4) Apply for a Richard Hagen-Minerva Harvey memorial scholarship within five years after graduating from high school or within one year of the student's release from active duty with an active component of the armed forces if the release is within five years of the student's graduation from high school; and
(5) Be an enrolled member of an American Indian tribe.
Source: SL 2003, ch 109, § 3; SL 2003, ch 272, § 63; SL 2005, ch 108, § 1; SL 2009, ch 94, § 1; SL 2020, ch 61, § 51.
13-55-39.1. Authority of board to require information of scholarship applicants.
In addition to the eligibility criteria identified in § 13-55-39, the scholarship board established in § 13-55-38 may require applicants to submit results on ACT, SAT, or other standardized tests; grade point average; a written essay; or other information by which to judge the academic and personal qualifications of the applicant.
Source: SL 2004, ch 137, § 1.
13-55-40. Scholarship award payments--Amounts.
Scholarship award payments shall be made to the institution at the beginning of the fall or spring semester on behalf of the eligible student who has received a Richard Hagen-Minerva Harvey memorial scholarship. The amount of the award is as follows:
(1) Not less than one thousand dollars for the first year of attendance;
(2) Not less than one thousand dollars for the second year of attendance;
(3) Not less than one thousand five hundred dollars for the third year of attendance; and
(4) Not less than two thousand five hundred dollars for the fourth year of attendance.
However, the total amount of awards in any year may not invade the principal investment referenced in § 13-55-37.
Source: SL 2003, ch 109, § 4; SL 2014, ch 97, § 1.
13-55-41.1. Number of scholarships.
The board shall determine the number of scholarships to award each year pursuant to the requirements of §§ 13-55-39 to 13-55-42, inclusive.
Source: SL 2014, ch 97, § 4.
13-55-42. Maintaining eligibility--Criteria--Waiver of criteria--Rescission of award.
In order to maintain eligibility, a student who has been awarded a Richard Hagen-Minerva Harvey memorial scholarship shall:
(1) Maintain a cumulative 2.5 grade point average on a 4.0 grade point scale;
(2) Be continuously enrolled for the fall and spring semesters in a public or nonpublic accredited university, college, or technical college;
(3) Complete the equivalent of at least twelve credit hours of instruction per semester; and
(4) Enroll in a public or nonpublic accredited university, college, or technical college no later than the fall semester after the scholarship has been awarded.
If factors beyond the control of a student who has been awarded a Richard Hagen-Minerva Harvey memorial scholarship prevent the student from meeting the requirements in this section, the board may temporarily waive the requirements of this section as eligibility criteria. The board may rescind a scholarship award if the student does not maintain eligibility as prescribed by this section.
Source: SL 2003, ch 109, §§ 6, 7; SL 2005, ch 108, § 2; SL 2014, ch 97, § 3; SL 2020, ch 61, § 57.
13-55-42.1. Alternate award of amount of rescinded scholarship.
If the Richard Hagen-Minerva Harvey Scholarship Board rescinds a scholarship that has been awarded, the board may award the amount of the rescinded scholarship to an alternate.
Source: SL 2005, ch 108, § 3.
13-55-43. Department to support board.
The Department of Education shall provide necessary support services to the board created by §§ 13-55-37 to 13-55-46, inclusive.
Source: SL 2003, ch 109, § 8; SL 2003, ch 272, § 63.
13-55-44. Expenditure authority appropriated to department.
There is hereby continuously appropriated to the Department of Education any other fund expenditure authority necessary for the department to accept and expend money the department may receive from any source for the purpose for providing a Richard Hagen-Minerva Harvey memorial scholarship.
Source: SL 2003, ch 109, § 9; SL 2003, ch 272, § 63.
13-55-45. Secretary to approve vouchers and draw warrants.
The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by §§ 13-55-37 to 13-55-46, inclusive.
Source: SL 2003, ch 109, § 10; SL 2003, ch 272, § 63.
13-55-46. Department to promulgate rules, criteria.
The Department of Education may promulgate rules pursuant to §§ 13-55-37 to 13-55-46, inclusive, and chapter 1-26 to accept applications for a Richard Hagen-Minerva Harvey memorial scholarship, establish criteria to award a Richard Hagen-Minerva Harvey memorial scholarship, and to maintain eligibility for a Richard Hagen-Minerva Harvey memorial scholarship.
Source: SL 2003, ch 109, § 11; SL 2003, ch 272, § 63.
13-55-47. Jump start scholarship program established.
There is hereby established the jump start scholarship program to be administered by the Board of Regents. The purpose of the program is to allow a student who graduates from a public high school in three years or less to receive a scholarship funded with a portion of the money saved by the state in state aid to education funding pursuant to chapter 13-13 as a result of the student's early graduation if the student enrolls at any college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.
Source: SL 2011, ch 102, § 1.
13-55-48. Eligibility requirements for jump start scholarship program.
To be eligible for the jump start scholarship program, a student shall:
(1) Be a resident of South Dakota;
(2) Complete the requirements of the recommended high school program as established by the Board of Education Standards pursuant to § 13-1-12.1, and be awarded a high school diploma by a public high school in three years or less;
(3) Have attended a public high school in South Dakota on a full-time basis for at least two semesters prior to graduating; and
(4) Within one year of graduating from high school, excluding any time served on active duty in the armed forces of the United States, enroll in a college, university, or technical school accredited by the North Central Association of Colleges and Schools that provides instruction from a campus located in South Dakota.
No student who enrolls in a high school for all or any part of a fourth year is eligible for the jump start scholarship program.
Source: SL 2011, ch 102, § 2; SL 2017, ch 81, § 57.
13-55-49. Amount of scholarship--Installment payments.
The amount of the scholarship shall be one thousand five hundred dollars for the first year of attendance.
One half of the award shall be paid to an approved institution on behalf of any eligible student enrolled at the beginning of the fall semester, and the other half shall be paid in the same manner at the beginning of the spring semester. A student shall be enrolled full-time during the spring semester in order to receive the second installment.
Source: SL 2011, ch 102, § 3; SL 2016, ch 83, § 21.
13-55-50. Application for admission to approved institution--Determination of scholarship eligibility--Distribution of funds.
Any eligible student seeking to obtain a jump start scholarship shall, by September first of the year following the student's graduation from high school, apply for admission to an approved postsecondary education institution. The institution shall determine the student's initial eligibility, and once the student is admitted into the jump start scholarship program, the executive director of the Board of Regents shall make scholarship payments to the institution on behalf of the student. The approved institutions shall submit to the Board of Regents the names of all eligible students by October first for the first semester and by February twenty-fifth for the second semester, and once the eligibility of each student is verified, the executive director of the Board of Regents shall distribute the funds necessary to award the scholarship to each eligible student to the approved institutions for the first semester on October fifteenth or the first working day thereafter, and for the second semester on March fifteenth or the first working day thereafter.
Source: SL 2011, ch 102, § 4.
13-55-51. Secretary to transfer appropriated funds for jump start scholarships.
The secretary of the Department of Education shall transfer to the executive director of the Board of Regents, on a noncash basis, from funds appropriated for state aid to general education pursuant to chapter 13-13, the amount of money necessary to award the jump start scholarships to all students admitted into the scholarship program for that fiscal year. One-half of the necessary amount shall be transferred by October fifteenth for distribution for the first semester, and one-half of the necessary amount shall be transferred by March fifteenth for distribution for the second semester. Upon receipt, the executive director of the Board of Regents shall distribute the funds pursuant to § 13-55-50.
Source: SL 2011, ch 102, § 5.
13-55-52 to 13-55-61. Rejected by referendum.
13-55-62. Teach for America grant program--Duration--Amount of grants.
There is hereby created a Teach for America grant program within the Department of Education. The purpose of the grant program is to provide funding to Teach for America, a nonprofit organization that provides alternative teacher recruitment and placement in public schools in which a majority of the students are from low-income households. Through the grant program, the state will partner with private contributors to fund an expansion of the Teach for America program in the state that will allow the number of teachers placed to grow from fifty-seven to one hundred by 2015. The expansion will allow Teach for America to positively impact two-thirds of the Native American students on reservations in the state and more than half of the Native American students statewide, and to strengthen its efforts to improve the academic achievement of low-income, Native American students and to increase the educational opportunities afforded them.
Funding through the grant program shall be provided to Teach for America over a period of four fiscal years beginning on July 1, 2012. The amount of the grants provided pursuant to this section and § 13-55-63 shall be based upon the amount of matching funds received by Teach for America from private contributors, but the total amount of all grants provided may not exceed the total amount of money appropriated for the grant fund.
Source: SL 2012, ch 103, § 1, eff. June 20, 2012.
13-55-63. Annual report to Governor and Legislature on Teach for America grant program.
For each fiscal year of the grant program established in § 13-55-62, the secretary of education shall submit a report to the Governor and to the Legislature that provides the following information:
(1) The amount of grant program funds provided to Teach for America for that fiscal year;
(2) The amount of matching funds provided to Teach for America for that fiscal year from private contributors;
(3) The progress of Teach for America's expansion efforts in South Dakota, including the number of teachers placed and the number of students impacted; and
(4) The results that Teach for America is achieving in the state in closing the achievement gap, providing enhanced educational opportunities, preparing students for higher education, and in meeting any other goals established by the organization.
Source: SL 2012, ch 103, § 2, eff. June 20, 2012.
13-55-64. Critical teaching needs scholarship program--Purpose.
There is hereby created the South Dakota critical teaching needs scholarship program. The purpose of the program is to encourage South Dakota's high school graduates to obtain their postsecondary education in South Dakota for teaching, to remain in the state upon completion of their education, and to contribute to the state and its citizens by working in a critical need teaching area.
Source: SL 2013, ch 91, § 1, eff. Mar. 20, 2013.
13-55-65. Critical Teaching Needs Scholarship Board.
The South Dakota critical teaching needs scholarship program shall be administered by the Critical Teaching Needs Scholarship Board, which is hereby established. The board shall consist of five members appointed by the Governor for a term of five years, except that the initial appointments shall be for periods of one, two, three, four, and five years. A majority of the board shall be present either personally or by teleconference to constitute a quorum. The secretary of education shall routinely collect data from school districts to determine the critical need teaching areas, and the board shall use this data when selecting eligible critical need teaching areas.
The Board of Regents shall provide necessary support services to the board.
Source: SL 2013, ch 91, § 2, eff. Mar. 20, 2013.
13-55-66. Basis for critical teaching needs scholarship awards.
From the total pool of applicants, the Critical Teaching Needs Scholarship Board shall award scholarships based on the requirements of §§ 13-55-68 and 13-55-69, the filling of critical need teaching areas, other academic and personal characteristics of each applicant as determined by the board, and the amount of funding available for the scholarships. Notwithstanding the provisions of this section, if the board rescinds a scholarship that has been awarded, the board may award the amount of the rescinded scholarship to an alternate.
Source: SL 2013, ch 91, § 3, eff. Mar. 20, 2013.
13-55-67. Eligible postsecondary institutions.
All accredited South Dakota public and nonpublic postsecondary institutions which offer a baccalaureate degree in elementary or secondary education are eligible to participate in the scholarship program. Each institution may choose whether to participate in the program and may limit the number of scholarship recipients the institution will accept in each academic year.
Source: SL 2013, ch 91, § 4, eff. Mar. 20, 2013.
13-55-68. Critical teaching needs scholarship eligibility criteria.
In order to be eligible for a critical teaching needs scholarship, a student shall:
(1) Agree, in writing, to stay in South Dakota and work in a critical teaching needs area for five years after graduation from a participating postsecondary institution;
(2) Agree, through a promissory note, that failure to abide by the provisions of subdivision (1) will result in the scholarship being converted into an interest-bearing loan;
(3) Attend a participating South Dakota postsecondary institution as an undergraduate enrolled in the student's final two years of postsecondary education and be enrolled in an elementary or secondary education program at the institution that is preparing the student to work in a critical need teaching area; and
(4) Be a United States citizen or lawful permanent resident.
For purposes of subdivision (3), the student shall be fully admitted into a teacher education program at the institution and shall successfully complete a student teaching experience within the final two years of attendance.
A student is eligible to participate in the South Dakota critical teaching needs scholarship program for the equivalent of two academic years (four consecutive spring and fall terms) or until the attainment of a baccalaureate degree in elementary or secondary education in a critical need teaching area, whichever comes first. However, the Critical Teaching Needs Scholarship Board may grant exceptions to the continuous enrollment requirements for good cause.
Scholarships are not provided for summer session students enrolled in traditional four-year programs.
Source: SL 2013, ch 91, § 5, eff. Mar. 20, 2013.
13-55-69. Grade point average--Written essay or other information.
In addition to the eligibility criteria identified in § 13-55-68, applicants shall have maintained a minimum cumulative grade point average of 2.8 on a 4.0 scale, and a grade point average of 2.8 for all major course work. The Critical Teaching Needs Scholarship Board may require applicants to submit a written essay or other information by which to judge the academic and personal qualifications of the applicant.
Source: SL 2013, ch 91, § 6, eff. Mar. 20, 2013.
13-55-70. Amount of critical teaching needs scholarship.
The amount of the scholarship shall be determined by calculating the student's remaining financial need, and may not exceed the tuition and generally applicable fees for thirty credit hours at a South Dakota public postsecondary institution as of July 1, 2014. The scholarship amount paid to a recipient attending a participating nonpublic postsecondary institution shall equal the amount paid to a recipient attending a public postsecondary institution.
During each year of eligibility, one-half of the annual scholarship shall be paid to public postsecondary institutions on behalf of eligible students there enrolled or directly to eligible students enrolled at nonpublic postsecondary institutions at the beginning of the fall semester, and the other half shall be paid at the beginning of the spring semester.
If, in any year, the total funds available to fund the critical teaching needs scholarships are insufficient to permit each eligible recipient to receive the full amount provided in this section, the available moneys shall be prorated and distributed to each recipient in proportion to the entitlement contemplated by this section. The total amount of the scholarship may not exceed the amount stipulated in this section.
Source: SL 2013, ch 91, § 7, eff. Mar. 20, 2013.
13-55-71. Maintenance of eligibility for critical teaching needs scholarship.
In order to maintain eligibility for the critical teaching needs scholarship program, a student shall:
(1) Maintain a cumulative 2.8 grade point average on a 4.0 scale. The student shall complete consecutive fall and spring terms in order to remain eligible for continuation of the scholarship program from term to term; and
(2) Maintain full-time status, or demonstrate continued satisfactory progress toward degree completion within the scholarship funding period.
If factors beyond the control of a student who has been awarded a critical teaching needs scholarship prevent the student from meeting any of the requirements in subdivisions (1) and (2), the Critical Teaching Needs Scholarship Board may temporarily waive the requirements of those subdivisions. The board may rescind a scholarship award if the student does not maintain eligibility as prescribed in those subdivisions.
Source: SL 2013, ch 91, § 8, eff. Mar. 20, 2013.
13-55-78. Board of Regents to promulgate rules.
The Board of Regents shall promulgate rules under chapter 1-26 to:
(1) Establish the minimum credit hours required for full-time enrollment;
(2) Establish the time and manner in which a student may request an exception to the continuous semester enrollment requirement;
(3) Establish the manner in which academic course and grade equivalents are determined in the case of transfer students;
(4) Establish the time and manner in which applications for scholarships must be submitted and reviewed;
(5) Establish the time and manner in which students are to be notified of decisions pertaining to the award of an opportunity scholarship; and
(6) Establish the time and manner in which students may contest any decision regarding the award or continuance of a scholarship.
No rule promulgated in accordance with this section may impose greater requirements or consequences than those imposed on students who are awarded a scholarship under §§ 13-55-31 to 13-55-35, inclusive.
Source: SL 2019, ch 96, § 3.
