Printer FriendlyHB 1240 create the South Dakota need-based grant fund, to provide for ...
ENTITLED, An Act to create the South Dakota need-based grant fund, to provide for the awarding
of certain need-based grants, and to repeal provisions relating to tuition equalization grants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. There is hereby created in the state treasury the South Dakota need-based grant fund
in the Board of Regents for the purpose of providing grants pursuant to chapter 13-55A to qualified
students. All moneys in the South Dakota need-based grant fund are subject to appropriation by the
Legislature through the General Appropriations Act or special appropriations acts for the need-based
grant programs. Any interest earned shall be credited to the fund. The board may accept any gifts,
contributions, or funds obtained from any other source for the purpose of carrying out the provisions
of this section.
Section 2. That § 13-55A-2 be amended to read as follows:
13-55A-2. Terms used in this chapter, unless the context otherwise requires, mean:
(1) "Eligible institution," an institution of education beyond the high school level, located in
South Dakota, which may include all public and private nonprofit and proprietary
institutions, including four-year colleges and universities, community and junior colleges,
area technical or vocational schools, trade schools, technical institutes, schools of nursing
or of the health professions or any institution which is determined by the executive
director to be regularly accredited to offer postsecondary educational services by a
recognized and appropriate accrediting agency, as determined by the executive director,
and which has an agreement with the United States secretary of education for the conduct
of any of the programs currently participating in any federal financial assistance program
authorized by Title IV of The Higher Education Act of 1965, as amended to January 1,
(2) "Financial need," the amount of assistance, as determined by a federal department of
education by calculating a student's estimated cost of attendance (minus family
contribution and additional aid granted) at an eligible institution;
(3) "Qualified student," a resident student who is enrolled in an eligible institution in a course
of study on at least a half-time basis, as certified by the institution, and who has
established financial need and who is maintaining satisfactory progress toward
(4) "Resident student," an individual who has been determined by the executive director to
be a resident of South Dakota and who is enrolled at an eligible institution;
(5) "Executive director," the executive director of the Board of Regents;
(6) "Leveraging Educational Assistance Partnership grant or Special Leveraging Educational
Assistance Partnerships grant," an award by the State of South Dakota to a qualified
student under this chapter.
Section 3. That § 13-55A-3 be amended to read as follows:
13-55A-3. A leveraging educational assistance partnership grant or special leveraging
educational assistance partnership grant may be awarded to any qualified resident student who is
admitted and is in attendance at any eligible institution on at least a half-time basis, has established
financial need and has received qualifying matching aid.
Section 4. That § 13-55A-4 be amended to read as follows:
13-55A-4. A participating eligible institution shall calculate the amount of a leveraging
educational assistance partnership grant or special leveraging educational assistance partnership
grant to a qualified student for the normal academic year, or its equivalent, from a range of not less
than one hundred dollars nor more than one thousand dollars, and shall make a recommendation to
the executive director for his approval, disapproval or modification. The institution making the
recommendation for each leveraging educational assistance partnership grant or special leveraging
educational assistance partnership grant shall consider any other financial assistance available to the
qualified student in relation to the financial assistance available to other qualified students attending
that institution and may not exceed the lesser of the unmet need of the qualified student or the
amount of qualifying matching aid.
Section 5. That § 13-55A-5 be amended to read as follows:
13-55A-5. Each applicant, in accordance with the rules and regulations of the executive director,
(1) Be responsible for providing the information required to make a financial need
(2) Report promptly to the executive director any information requested which is necessary
to make a proper determination with respect to the student's need determination.
Section 6. That § 13-55A-10 be amended to read as follows:
13-55A-10. If a recipient of a leveraging educational assistance partnership grant or special
leveraging educational assistance partnership grant discontinues attendance before the end of any
semester, summer school sessions, or their equivalents, the entire amount of any refund due that
student from the eligible institution on a prorata basis, up to the amount of any payment made under
the leveraging educational assistance partnership grants or special leveraging educational assistance
partnership grant, shall be paid by the eligible institution to the state.
Section 7. That § 13-55A-11 be amended to read as follows:
13-55A-11. The executive director shall administer this program and shall:
(1) Adopt rules and regulations, pursuant to chapter 1-26, to define tuition and mandatory
fees, to define residents for the purposes of this chapter, and to determine the amount of
grant funds available to students at each eligible institution. The executive director may
provide for proration of funds if the available funds are insufficient to pay all approved
(2) Approve and award leveraging educational assistance partnership grants or special
leveraging educational assistance partnership grants; and
(3) Establish and maintain records required by good accounting practices.
Section 8. That § 13-55A-12 be amended to read as follows:
13-55A-12. The executive director is further authorized to accept gifts, grants, and contributions,
public or private, that will facilitate the education of South Dakota students pursuant to this chapter.
Section 9. That § 13-55A-12.1 be amended to read as follows:
13-55A-12.1. The executive director is hereby authorized to accept and expend any funds
received from federal or private sources as provided for in this chapter, provided such acceptance
and expenditure is approved in accordance with 4-8B-10. Expenditures authorized under this section
shall be paid out on warrants drawn by the state auditor on vouchers approved by the executive
director, or his designee.
Section 10. That § 13-55B-1 be repealed.
Section 11. That § 13-55B-2 be repealed.
Section 12. That § 13-55B-3 be repealed.
Section 13. That § 13-55B-4 be repealed.
Section 14. That § 13-55B-5 be repealed.
Section 15. That § 13-55B-6 be repealed.
Section 16. That § 13-55B-7 be repealed.
Section 17. That § 13-55B-8 be repealed.
An Act to create the South Dakota need-based grant fund, to provide for the awarding of certain
need-based grants, and to repeal provisions relating to tuition equalization grants.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1240
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1240
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State