CHAPTER 13-39
CAREER AND TECHNICAL EDUCATION
13-39-1 13-39-1. Repealed by SL 1975, ch 128, § 377
13-39-1.1 13-39-1.1. Repealed by SL 1982, ch 147, § 1
13-39-1.2 Definitions.
13-39-2 13-39-2. Repealed by SL 1975, ch 130, § 1
13-39-3 13-39-3. Repealed by SL 1994, ch 128, § 1
13-39-4 13-39-4. Repealed by SL 1969, ch 218, § 2
13-39-4.1 13-39-4.1. Repealed by SL 1994, ch 128, § 2
13-39-5 13-39-5. Repealed by SL 1993, ch 140
13-39-6 13-39-6. Repealed by SL 1985, ch 133, § 1
13-39-7 13-39-7. Repealed by SL 1995, ch 87, § 57
13-39-8 General supervision by director.
13-39-9 Schools subject to general supervision by director.
13-39-10 13-39-10, 13-39-10.1. Repealed by SL 1985, ch 134, §§ 1, 2
13-39-11 13-39-11. Repealed by SL 1995, ch 87, § 58
13-39-12 Cooperation with federal agencies.
13-39-13 Agreements with federal and state agencies.
13-39-14 13-39-14. Repealed by SL 1995, ch 87, § 59
13-39-15 13-39-15. Repealed by SL 1982, ch 147, § 55
13-39-16 13-39-16, 13-39-17. Repealed by SL 1995, ch 87, §§ 60, 61
13-39-17.1 13-39-17.1, 13-39-18. Repealed by SL 2017, ch 81, § 44.
13-39-19 Distribution of state and federal funds to schools--State treasurer custodian of money from federal appropriations.
13-39-20 13-39-20. Repealed by SL 1982, ch 147, § 56
13-39-21 Uniform system for gathering and reporting data.
13-39-22 13-39-22. Repealed by SL 1995, ch 88, § 19
13-39-23 13-39-23. Repealed by SL 1995, ch 87, § 62
13-39-23.1 13-39-23.1. Repealed by SL 1982, ch 147, § 57
13-39-24 13-39-24. Repealed by SL 1995, ch 87, § 63
13-39-25 13-39-25. Repealed by SL 1995, ch 88, § 20
13-39-26 Nonpublic secondary or postsecondary technical institutions.
13-39-27 LEA authority to establish career and technical education programs.
13-39-28 Persons eligible for vocational education.
13-39-29 Property acquired, held, used and transferred by secretary--Legislative approval required for real property.
13-39-30 13-39-30. Repealed by SL 1982, ch 147, § 58
13-39-31 13-39-31. Repealed by SL 1975, ch 128, § 377
13-39-32 13-39-32. Repealed by SL 1995, ch 87, § 64
13-39-33 13-39-33. Repealed by SL 1982, ch 147, § 59
13-39-34 13-39-34 to 13-39-39.1. Repealed by SL 2017, ch 81, § 46.
13-39-40 13-39-40. Repealed by SL 1982, ch 147, § 60
13-39-41 Submission of plan for multidistrict, career and technical academy--Compliance with state plan and rules.
13-39-42 State board examination of plan for multidistrict, career and technical academy--Approval or disapproval.
13-39-43 Agreement of participation in multidistrict, career and technical academy--Resolution of agreement.
13-39-44 Multidistrict, career and technical academy center board.
13-39-45 Small academy center board.
13-39-46 Terms of office of center board members--Vacancies.
13-39-47 Oaths of center board members.
13-39-48 Meetings of center board--Annual election of officers.
13-39-49 Chairman and vice chairman of center board.
13-39-50 Voting by center board members--Quorum--Majority required for action.
13-39-51 Employment of personnel by center board.
13-39-52 13-39-52. Repealed by SL 1994, ch 130, § 1
13-39-53 School district laws applicable to multidistrict, career and technical academies.
13-39-54 Bonds and tax levies prohibited--Funds provided by participating districts.
13-39-55 Assessment of participating districts for proportionate share of center expenses--Payment.
13-39-56 Apportionment and distribution of funds available to multidistrict, career and technical academies.
13-39-57 Appropriated and federal funds used for distribution.
13-39-58 Business of center--Ownership of property.
13-39-59 District becoming participant in established center--Procedure.
13-39-60 School board resolution to participate in established center--Fee--Publication of resolution.
13-39-61 Referendum on district participation in multidistrict center--Majority required for approval.
13-39-62 Withdrawal of district from participation in academy--Submission to voters--Effect of withdrawal.
13-39-63 13-39-63. Repealed by SL 1982, ch 147, § 61
13-39-64 Rules for multidistrict, career and technical academies.
13-39-65 13-39-65 to 13-39-74. Repealed by SL 2017, ch 81, § 46.
13-39-75 Sales tax increase--Instructor salaries.
13-39-1.2. Definitions.
Terms used in this chapter, mean:
(1) "Career and technical education," a contextual education model that employs career clusters and programs of study in preparing highly skilled students for success in postsecondary education and in-demand careers;
(2) "Career clusters," a distinct grouping of occupations and industries based on the knowledge and skills they require;
(3) "Center board," the governing body of a multidistrict, career and technical academy;
(4) "Department," the Department of Education;
(5) "Director," the person at the Department of Education responsible for the administration of career and technical education;
(6) "Facilities," buildings, rooms, property, and permanent equipment, including vehicles, used to provide career and technical education;
(7) "LEA," a local education agency limited to public school districts, the legal entities that a school district is authorized to establish, or a distinct separate LEA established pursuant to § 13-39A-35;
(8) "Multidistrict, career and technical academy," an educational entity designed to provide career and technical education and academic courses that prepare youth for a wide range of careers that require varying levels of education;
(9) "Participating district," a school district which has voting representation on a center board;
(10) "Technical college," as defined in § 13-39A-1;
(11) "Secretary," the secretary of education;
(12) "State board," the South Dakota Board of Education Standards established in § 1-45-6.1.
Source: SL 1982, ch 147, § 2; SL 1985, ch 134, § 5; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2009, ch 88, § 1; SL 2010, ch 77, § 15; SL 2012, ch 88, § 15; SL 2017, ch 81, § 41; SL 2020, ch 61, § 44.
13-39-8. General supervision by director.
Notwithstanding the provisions of § 13-15-2, the general control and supervision over career and technical education as provided in this chapter is the duty of the director under the direction of the secretary of education.
Source: SL 1965, ch 37, § 9; SL 1982, ch 147, § 5; SL 2004, ch 17, § 29; SL 2012, ch 88, § 16.
13-39-9. Schools subject to general supervision by director.
The director has general control and supervision over all career and technical education in all public secondary schools and all other career and technical education functions assigned to the director by the secretary of education.
Source: SL 1965, ch 37, § 3; SL 1982, ch 147, § 6; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 17; SL 2017, ch 81, § 42.
13-39-12. Cooperation with federal agencies.
The secretary of education may cooperate with federal agencies in the administration of any acts of Congress relating to career and technical education.
Source: SL 1965, ch 37, § 2 (5); SL 1982, ch 147, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 18.
13-39-13. Agreements with federal and state agencies.
The secretary of education may enter into contracts and agreements with any agency of the United States government or any agency of the state government or its political subdivisions for the purpose of career and technical education, to receive grants of federal funds for career and technical education and to expend those funds under rules promulgated by the South Dakota Board of Education Standards or the South Dakota Board of Technical Education pursuant to chapter 1-26.
Source: SL 1965, ch 37, § 2 (7); SL 1975, ch 128, § 248; SL 1982, ch 147, § 11; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 19; SL 2017, ch 81, § 43.
13-39-19. Distribution of state and federal funds to schools--State treasurer custodian of money from federal appropriations.
The secretary of education may distribute funds appropriated to the department by the Legislature or granted by any federal agency to the state in accordance with chapter 4-8B, for career and technical education in public secondary and technical colleges in the state in accordance with a state plan or plans adopted by the South Dakota Board of Education Standards or the South Dakota Board of Technical Education. The aid disbursed to the different schools of the state and all expenses incurred in the administration of the provisions of any federal acts relating to career and technical education shall be paid out of the funds of the secretary appropriated for that purpose and from the federal funds allotted to the State of South Dakota for similar purposes. The state treasurer is the custodian of all money paid to the state from federal appropriations for the purpose of career and technical education and shall disburse the funds on warrants issued by the state auditor upon vouchers approved by the director. The secretary of education shall authorize the director to submit vouchers to the state auditor for the amount payable as state and federal aid to each school approved under the provisions of this chapter. Upon receipt of the vouchers, the state auditor shall draw warrants on the state treasury in favor of the treasurer of the public secondary and technical college for the sum approved by the secretary.
Source: SL 1965, ch 37, § 2 (6); SL 1978, ch 118; SL 1982, ch 147, § 17; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 20; SL 2017, ch 81, § 45; SL 2020, ch 61, § 45.
13-39-21. Uniform system for gathering and reporting data.
The director shall prescribe a uniform system for gathering and reporting career and technical education data.
Source: SL 1965, ch 37, § 5 (6); SL 1982, ch 147, § 18; SL 2012, ch 88, § 21.
13-39-26. Nonpublic secondary or postsecondary technical institutions.
The provisions of this chapter do not apply to nonpublic secondary or postsecondary technical institutions except that the secretary of education and LEAs may enter into agreements with these schools and institutions to provide career and technical education.
Source: SL 1965, ch 37, § 2; SL 1982, ch 147, § 23; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 22.
13-39-27. LEA authority to establish career and technical education programs.
For the purposes of providing career and technical education, all LEAs of this state may establish, in cooperation with the department, career and technical education programs by career clusters, as provided in this chapter, under terms and conditions agreed upon. Any LEA board may enter into any agreement to provide career and technical education. An agreement made pursuant to this section is not subject to the limitation of the tuition law. An LEA may expend its money for career and technical education.
Source: SL 1965, ch 37, § 6; SL 1971, ch 123; SL 1975, ch 128, § 252; SL 1982, ch 147, § 24; SL 2012, ch 88, § 23.
13-39-28. Persons eligible for vocational education.
Anyone who may profit from the vocational education course to which the person applies may be enrolled upon application and acceptance in accordance with the provisions of §§ 13-39-1.2 to 13-39-29, inclusive, and as prescribed by the South Dakota Board of Education Standards.
Source: SL 1965, ch 37, § 7; SL 1982, ch 147, § 25; SL 2017, ch 81, § 57.
13-39-29. Property acquired, held, used and transferred by secretary--Legislative approval required for real property.
The secretary of education, through the director, may receive, acquire, have charge of, and operate all properties for the purposes authorized in this chapter. The secretary may acquire by gift, subject to the provisions of § 5-24-12, or purchase real and personal property for the use of career and technical education and may dispose of or transfer the same whenever the purposes of this chapter are benefited. The secretary may not purchase, lease, sell, encumber, or alienate any real property without the consent and prior approval of the Legislature.
Source: SL 1965, ch 37, § 8; SL 1982, ch 147, § 26; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88, § 24.
13-39-41. Submission of plan for multidistrict, career and technical academy--Compliance with state plan and rules.
The school boards of two or more school districts may submit to the South Dakota Board of Education Standards a proposed plan to establish a multidistrict, career and technical academy. The proposal shall be consistent with the state plan for career and technical education and shall meet the rules as promulgated by the state board pursuant to chapter 1-26.
Source: SL 1973, ch 123, § 3; SL 1975, ch 128, § 258; SL 1982, ch 147, § 37; SL 2009, ch 88, § 2; SL 2012, ch 88, § 28; SL 2017, ch 81, § 57.
13-39-42. State board examination of plan for multidistrict, career and technical academy--Approval or disapproval.
When the state board receives a proposed plan to establish a multidistrict, career and technical academy, the board shall examine the plan and may conduct hearings to receive evidence pertaining to the proposed multidistrict, career and technical academy. The state board may approve or disapprove the proposed plan.
Source: SL 1973, ch 123, § 4; SL 1975, ch 128, § 259; SL 1982, ch 147, § 38; SL 2009, ch 88, § 3.
13-39-43. Agreement of participation in multidistrict, career and technical academy--Resolution of agreement.
After approval of a plan pursuant to § 13-39-42, all participating school districts of a multidistrict, career and technical academy shall enter into an agreement of participation which must receive a vote of approval by the school board of each participating school district. Prior to the effective date of an approved plan, each participating school board shall adopt a resolution of agreement and shall publish the resolution once in the official newspapers of each participating school district.
Source: SL 1973, ch 123, § 4; SL 1982, ch 147, § 39; SL 2009, ch 88, § 4.
13-39-44. Multidistrict, career and technical academy center board.
A center board shall organize and administer a multidistrict, career and technical academy. A center board shall consist of at least five members but not more than a total of one member for each participating district, except that each participating school district with five hundred or more students is allowed one member for each five hundred students or fraction thereof not to exceed three members from any one school district. Center board members shall be members of the school boards of the participating school districts as appointed by their respective school boards.
Source: SL 1973, ch 123, § 9; SL 1982, ch 147, § 40; SL 2009, ch 88, § 5.
13-39-45. Small academy center board.
If four or less school districts comprise a multidistrict, career and technical academy, and if enrollment within the school districts is insufficient to provide five members in accordance with § 13-39-44, the boards of the school districts shall agree upon the number and manner of selection of members of the center board and shall submit their plan of selection for approval or disapproval to the state board pursuant to § 13-39-41.
Source: SL 1973, ch 123, § 9; SL 1982, ch 147, § 41; SL 2009, ch 88, § 6.
13-39-46. Terms of office of center board members--Vacancies.
The terms of office of the members of center boards shall be for three years and shall terminate on June thirtieth or as soon thereafter as their successors are appointed and qualify. At the initial organizational meeting of a center board, the initial terms of office of each member shall be determined by lot in a manner which shall result in approximately one-third of the membership serving for one year, one-third of the membership serving for two years, and the balance of the membership serving for three years.
Vacancies on a center board shall be filled by the school board whose representation was lost when the vacancy occurred.
Source: SL 1973, ch 123, § 10.
13-39-47. Oaths of center board members.
All persons appointed to a center board shall qualify and assume office at the first regular meeting of a center board in July or the first regular meeting of a center board following their appointment by taking and subscribing to the oath as provided for regular school board members.
Source: SL 1973, ch 123, § 10.
13-39-48. Meetings of center board--Annual election of officers.
The director shall call and conduct the initial organizational meeting of a center board. A center board shall meet at least monthly. At each July meeting, the center board shall select officers for the current school year.
Source: SL 1973, ch 123, § 12; SL 1982, ch 147, § 42.
13-39-49. Chairman and vice chairman of center board.
The officers of a center board shall be a chairman and a vice chairman, who shall not be from the same school district. The chairman shall preside at all meetings of a center board and in his absence the vice chairman shall preside.
Source: SL 1973, ch 123, § 11.
13-39-50. Voting by center board members--Quorum--Majority required for action.
Each center board member shall be entitled to one vote. A majority of the members of a center board shall constitute a quorum. Any motion or resolution may be adopted only by a majority vote of the members of the center board.
Source: SL 1973, ch 123, § 11.
13-39-51. Employment of personnel by center board.
The center board may employ personnel to administer the affairs of the multidistrict center and the center board shall determine their duties.
Source: SL 1973, ch 123, § 11; SL 1982, ch 147, § 43.
13-39-53. School district laws applicable to multidistrict, career and technical academies.
Multidistrict, career and technical academies are subject to the rules adopted by the state board pursuant to chapter 1-26 and to applicable statutory requirements of school districts. A center board has the same power, authority, responsibility, and obligations as a school board, except for the authority to levy taxes and to issue bonds. All state statutes relating to educational financial activities and other educational activities apply to multidistrict, career and technical academies unless otherwise prohibited by §§ 13-39-41 to 13-39-64, inclusive.
Source: SL 1973, ch 123, §§ 8, 14, 15; SL 1975, ch 128, § 261; SL 1982, ch 147, § 45; SL 2009, ch 88, § 7.
13-39-54. Bonds and tax levies prohibited--Funds provided by participating districts.
A center board may not issue bonds or levy a tax on its behalf. The participating school districts may provide funds for the purpose of construction, purchase, and lease of equipment and facilities. A participating district may make payments to a center board for the participating district's share of expenditures made by the center board pursuant to § 13-16-6 from the participating district's capital outlay fund. All expenditures of this type made by participating districts prior to the effective date of this statute are ratified. A center board shall acquire by assessment of the participating school districts the necessary funds for the conduct of the vocational programs, services and other expenses of the multidistrict, career and technical academy.
Source: SL 1973, ch 123, §§ 13, 14; SL 1982, ch 147, § 46; SL 2009, ch 88, § 8.
13-39-55. Assessment of participating districts for proportionate share of center expenses--Payment.
For the purpose of paying any administrative, planning, operating, or capital expenses incurred or to be incurred, a center board shall assess each participating school district its proportionate share based upon its enrollment in grades nine through twelve as compared to the total enrollment in grades nine through twelve of all participating school districts in the multidistrict center. Each participating school district shall remit payment of its assessment to the center board no later than thirty days after the official date of receipt as noted on the assessment notice.
Source: SL 1973, ch 123, § 16; SL 1982, ch 147, § 47.
13-39-56. Apportionment and distribution of funds available to multidistrict, career and technical academies.
The secretary of education shall apportion and distribute funds made available to multidistrict, career and technical academies to assist in defraying instructional costs. The use of these funds is subject to the state plans for career and technical education and to rules promulgated by the South Dakota Board of Education Standards pursuant to chapter 1-26.
Source: SL 1973, ch 123, § 17; SL 1975, ch 128, § 262; SL 1982, ch 147, § 48; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2009, ch 88, § 9; SL 2012, ch 88, § 29; SL 2017, ch 81, § 57.
13-39-57. Appropriated and federal funds used for distribution.
Funds distributed to the multidistrict, career and technical academies under the provisions of § 13-39-56 are to be paid out of money appropriated to the division and from federal funds allotted to the State of South Dakota for the purposes of career and technical education.
Source: SL 1973, ch 123, § 18; SL 1982, ch 147, § 49; SL 2009, ch 88, § 10; SL 2012, ch 88, § 30.
13-39-58. Business of center--Ownership of property.
A center board shall have charge of the business of the center and may lease or acquire ownership of the equipment and facilities.
Source: SL 1973, ch 123, § 13; SL 1975, ch 128, § 263.
13-39-59. District becoming participant in established center--Procedure.
After a multidistrict center is established, additional school districts may become participants in the multidistrict center and are governed by the provisions of §§ 13-39-41 to 13-39-64, inclusive, upon following the process pursued by the school districts originally forming the multidistrict center including approval by the school district board and the center board according to the procedure set forth in §§ 13-39-60 and 13-39-61.
Source: SL 1973, ch 123, § 5; SL 1982, ch 147, § 50; SL 1994, ch 130, § 2.
13-39-60. School board resolution to participate in established center--Fee--Publication of resolution.
A school board by resolution may request that the center board approve the school district as a participating district in an established multidistrict center. A center board may require, as a condition of participation, payment of a fee not exceeding the applying school district's pro rata share of all capital outlay expenditures, excluding state and federal reimbursement from the state board, made by the center board prior to the application for membership by the applying district. The school board shall publish the resolution once in the official newspaper of that district.
Source: SL 1973, ch 123, § 5 (1); SL 1975, ch 128, § 264; SL 1982, ch 147, § 51; SL 1994, ch 130, § 3.
13-39-61. Referendum on district participation in multidistrict center--Majority required for approval.
A school board may not become a participating member of a multidistrict center if the resolution provided for in § 13-39-60 is disapproved by a majority of the total number of votes cast on the question of the school district's participation in the multidistrict center. A school board shall call a referendum election if a petition, signed by at least five percent of the number of qualified voters voting in the most recent annual school election, is filed with the business manager within sixty days of the date of publication of the resolution. The form of the ballot question shall be "shall (school district name) become a participating member of (multidistrict center name)?" The school board may call a special election for the referendum provided for in this section. The school board is bound by the result of the election for the next school fiscal year.
Source: SL 1973, ch 123, § 5 (2); SL 1975, ch 128, § 265; SL 1982, ch 147, § 52.
13-39-62. Withdrawal of district from participation in academy--Submission to voters--Effect of withdrawal.
A school district may withdraw from a multidistrict, career and technical academy if the school board submits a resolution to that effect to the center board and if the center board approves the resolution. If the resolution to withdraw is not approved by the center board, the school board of the district seeking the withdrawal may refer the question to a vote of the people. The form of the ballot question shall be "shall (school district name) continue as a participating member of (multidistrict, career and technical academy name)?" If a majority of the total number of votes cast on the question is not in favor of continuing participation in the multidistrict, career and technical academy, the school district shall terminate its participation in the multidistrict, career and technical academy at the end of the next school fiscal year or on a date determined by the center board. Withdrawal of a district from a multidistrict, career and technical academy does not affect the liability of the withdrawing school district or its share of outstanding obligations incurred prior to the submission of the resolution of withdrawal provided for in this section. However, the withdrawing school district abandons any interest it has in the multidistrict, career and technical academy's assets.
Source: SL 1973, ch 123, § 6; SL 1975, ch 128, § 266; SL 1982, ch 147, § 53; SL 1994, ch 130, § 4; SL 1995, ch 102; SL 2009, ch 88, § 11.
13-39-64. Rules for multidistrict, career and technical academies.
The center board may adopt rules, pursuant to chapter 1-26, pertaining to the creation, dissolution, operation, control, supervision, and approval of multidistrict, career and technical academies in South Dakota.
Source: SL 1973, ch 123, § 2; SL 1975, ch 128, § 268; SL 1982, ch 147, § 54; SL 2009, ch 88, § 12.
13-39-75. Sales tax increase--Instructor salaries.
The presidents of the technical colleges, acting pursuant to rules established by the State Board of Technical Education, shall use the money provided pursuant to SL 2016, chapter 65 to increase instructor salaries to competitive levels at each technical college. The amount of money provided each year shall be increased by the index factor as defined in § 13-13-10.1.
Source: SL 2016, ch 65, § 18, eff. June 1, 2016; SL 2017, ch 76, § 6; SL 2017, ch 81, § 61; SL 2020, ch 61, § 56.
