13-39-37.   Promulgation of rules governing postsecondary technical institutes. The South Dakota Board of Education may promulgate rules, pursuant to chapter 1-26, to be administered by the director, governing the operation and maintenance of postsecondary technical institutes which will afford the people of the state, insofar as practicable, an equal opportunity to acquire a public technical education. The rules may provide for the following:

             (1)      Curriculum and standards of instruction and scholarship;

             (2)      Attendance requirements, age limits of trainees, eligibility for attendance, and tuition payments and other charges;

             (3)      Apportionment and distribution of funds made available to the board for carrying out the purposes of §§ 13-39-34 to 13-39-39, inclusive;

             (4)      Transportation requirements and payments;

             (5)      General administrative matters;

             (6)      The submission of the annual budget of the postsecondary technical institute which shall include, but is not limited to, a description of programs, a list of staff positions, and the amount for supplies and operating expenses associated with the programs offered. The rules shall require the budget to include all operating costs of programs, including those costs ineligible for reimbursement from federal and state funds, shall state the procedure for amending and filing it with the Department of Education and shall provide that failure to comply with the rules may result in withholding of payments from federal and state funds;

             (7)      The submission of plans of LEAs for new construction or major renovation of facilities eligible for reimbursement. The rules regarding these plans shall provide a requirement that the LEA, by a written resolution, declare the LEA committed to begin construction if the budget of the state board provides the matching funds;

             (8)      The promotion and coordination of career and technical education; and

             (9)      The prevention of unwarranted duplication of programs.

Source: SL 1965, ch 63, § 5; SL 1975, ch 128, § 255; SL 1975, ch 138, § 2; SL 1982, ch 147, § 33; SL 1985, ch 134, § 3; SL 2010, ch 77, § 17; SL 2012, ch 88, § 26.

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