OFFICE OF INDIAN EDUCATION

SDCL 1-54-11: Office of Indian Education established. The Office of Indian Education is hereby established within the Department of Tribal Relations. The Office of Indian Education shall support initiatives in order that South Dakota's students and public school instructional staff become aware of and gain an appreciation of South Dakota's unique American Indian culture. The secretary of the Department of Tribal Relations shall appoint an Indian Education Advisory Council. The council shall consist of representatives of all nine tribes in South Dakota along with Native American educators from all parts of the state. The nine representatives of the tribes shall be appointed from nominations submitted by the tribal councils of each of the tribes. The council members shall serve for three-year terms. Source: SL 2007, ch 82, § 1; SDCL § 13-1-47; SL 2019, ch 235 (Ex. Ord. 19-1), § 20, eff. Apr. 14, 2019.

SDCL 1-54-12: Indian Education Advisory Council to consult with Department of Education regarding Oceti Sakowin Essential Understandings. The Department of Education shall consult with the Indian Education Advisory Council within the Department of Tribal Relations to develop and review the Oceti Sakowin Essential Understandings. The consultation process shall align with the standards revision cycle established by the Board of Education Standards pursuant to § 13-3-48. Source: SL 2007, ch 82, § 3; SDCL § 13-1-49; SL 2019, ch 235 (Ex. Ord. 19-1), § 21, eff. Apr. 14, 2019.

SDCL 1-54-13: Native American achievement schools grant program established. There is hereby established the Native American achievement schools grant program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the grant program is to fund the establishment of up to three Native American achievement school projects aimed at improving academic outcomes for Native American students. Source: SL 2016, ch 86, § 1; SDCL § 13-14-16; SL 2019, ch 235 (Ex. Ord. 19-1), § 23, eff. Apr. 14, 2019.

SDCL 1-54-14: Eligibility requirements for Native American achievement schools grant applicants. An applicant seeking a grant from the Native American achievement schools grant program shall: (1) Be an accredited public school within the State of South Dakota; (2) Serve a student population for which the school-level results for the 2014-15 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics; (3) Serve a student population of which at least fifty percent is comprised of Native American students; (4) Demonstrate access to a physical facility that is adequate for implementation of the project; and (5) Demonstrate the ability to complete the project in accordance with all requirements of §§ 1-54-13 to 1-54-20, inclusive, state and federal laws and regulations, and policies of the department.

SDCL 1-54-15: Criteria for priority projects. In selecting grant recipients, the department shall give priority to projects that meet the requirements of this chapter and show commitment to increasing student success through building cultural identities, encouraging academic perseverance, supporting the development of the whole child, and encouraging student leadership skills by demonstrating one or more of the following characteristics: (1) Offering programming designed to lead to postsecondary readiness and work readiness; (2) Supporting the recruitment and retention of highly effective teachers and administrators; (3) Demonstrating commitment to the implementation of the Oceti Sakowin Essential Understandings and Standards across the curriculum; (4) Demonstrating a commitment to the implementation of courses offering instruction in Dakota, Lakota, or Nakota languages; (5) Maintaining a school environment that cultivates diversity of the student population and promotes a sense of belonging; (6) Forming partnerships with community organizations or governmental entities; and (7) Planning for sustainability. Source: SL 2016, ch 86, § 3; SDCL § 13-14-18; SL 2019, ch 235 (Ex. Ord. 19-1), § 25, eff. Apr. 14, 2019.

SDCL 1-54-16: Application process. The department shall inform potential applicants of the application and award period and of the amount of funding available for the grants. The department shall also provide the application form and scoring rubric that informs potential applicants of the weight to be assigned to each characteristic referenced in § 1-54-15 within the selection process. Applicants shall complete the application form and provide any additional information requested by the department. The application is not complete until all necessary information is submitted. Source: SL 2016, ch 86, § 4; SDCL § 13-14-19; SL 2019, ch 235 (Ex. Ord. 19-1), § 26, eff. Apr. 14, 2019.

SDCL 1-54-17: Determination of grant recipients and award amounts. The department, with the assistance of a group of reviewers designated by the secretary of tribal relations, shall determine grant recipients and award amounts utilizing a competitive process. The group of reviewers shall include three members of the Indian Education Advisory Council established pursuant to § 1-54-11. Source: SL 2016, ch 86, § 5; SDCL § 13-14-20; SL 2019, ch 235 (Ex. Ord. 19-1), § 27, eff. Apr. 14, 2019.

SDCL 1-54-18: Conditions applicable to grant recipients. In addition to complying with the requirements in § 1-54-16 and the additional requirements of chapter 13-14, all grant recipients will be subject to the following conditions: (1) The amount of a grant may not exceed the actual cost of the project as proposed in the application; (2) The grant shall be paid on a reimbursement basis, following procedures and requirements outlined by the department; (3) Any funds provided through the grant must be necessary and reasonable to complete the project; (4) Necessary documentation, as determined by the department, shall be submitted to support all expenditures; (5) Expenditures must be approved before the end of the grant period; (6) A grant project must expend all funds provided through the grant within thirty-six months following grant approval; and (7) No grant funds may be used for costs associated with writing the grant proposal, contractual obligations that became effective prior to the award period of the grant, purchases that become the property of any individual or organization other than the grant recipient, or purchases or services beyond the project outcomes or activities. Source: SL 2016, ch 86, § 6; SDCL § 13-14-21; SL 2019, ch 235 (Ex. Ord. 19-1), § 28, eff. Apr. 14, 2019.

SDCL 1-54-19: Grant recipient reports--Access to facilities and records. Each grant recipient shall submit grant status reports to the department on a quarterly basis, and a final grant report including data related to the implementation of the project. The department shall determine the details required in the reports and the deadlines for report submissions. Each grant recipient shall provide the department with reasonable access to facilities and records that may be necessary for the department to determine compliance with the terms of the grant and all the requirements of §§ 1-54-13 to 1-54-20, inclusive. Source: SL 2016, ch 86, § 7; SDCL § 13-14-22; SL 2019, ch 235 (Ex. Ord. 19-1), § 29, eff. Apr. 14, 2019.

SDCL 1-54-20: Default--Repayment--Civil action. The submission of false or misleading statements or information as part of a grant application or the failure to comply with any requirement shall be considered a default upon the terms of a grant. In the event of a default, the department may require the grant recipient to repay any funds dispersed under the grant to the department within thirty days of a written demand from the department. The department may begin a civil action to recover any grant funds that a grant recipient is required to repay under this section. Source: SL 2016, ch 86, § 8; SDCL § 13-14-23; SL 2019, ch 235 (Ex. Ord. 19-1), § 30, eff. Apr. 14, 2019.

SDCL 1-54-21: Paraprofessional tuition assistance scholarship program established. There is hereby established the paraprofessional tuition assistance scholarship program to be administered by the Office of Indian Education within the Department of Tribal Relations. The purpose of the scholarship program is to allow the pursuit of full teacher certification by the paraprofessionals employed by qualifying schools. (This section is repealed effective June 30, 2020 pursuant to SL 2016, ch 100, § 7.) Source: SL 2016, ch 100, § 1; SDCL § 13-55-72; SL 2019, ch 235 (Ex. Ord. 19-1), § 31, eff. Apr. 14, 2019.

SDCL 1-54-22: Eligibility requirements for paraprofessional tuition assistance scholarship applicants. The department shall select eligible paraprofessionals for participation in the program. In order to be eligible for the paraprofessional tuition assistance scholarship program, an applicant shall: (1) Be employed as a paraprofessional in a qualifying public school; (2) Be recommended for the program by a principal in the qualifying public school; and (3) Enroll in an accredited postsecondary institution located in South Dakota that participates in the program and offers a baccalaureate degree in elementary or secondary education. (This section is repealed effective June 30, 2020 pursuant to SL 2016, ch 100, § 7.) Source: SL 2016, ch 100, § 2; SDCL § 13-55-73; SL 2019, ch 235 (Ex. Ord. 19-1), § 32, eff. Apr. 14, 2019.

SDCL 1-54-23: Qualifying schools. For purposes of §§ 1-54-21 to 1-54-26, inclusive, a qualifying school is any school in the state that: (1) Is an accredited public school; (2) Is willing to collaborate with the accredited postsecondary institution on student teaching and other associated requirements of the elementary or secondary education program; (3) Serves a student population for which the school-level results for the 2014-15 academic year on the state academic assessment are below the statewide average proficiency in English language arts and mathematics; and (4) Serves a student population of which at least fifty percent is comprised of Native American students. (This section is repealed effective June 30, 2020 pursuant to SL 2016, ch 100, § 7.) Source: SL 2016, ch 100, § 3; SDCL § 13-55-74; SL 2019, ch 235 (Ex. Ord. 19-1), § 33, eff. Apr. 14, 2019.

SDCL 1-54-24: Maximum term of participation in program. A person is eligible to participate in the paraprofessional tuition assistance scholarship program for up to four consecutive academic years or until the attainment of a baccalaureate degree in elementary or secondary education, whichever comes first. The secretary of tribal relations may grant exceptions to the continuous enrollment requirement if good cause is demonstrated. (This section is repealed effective June 30, 2020 pursuant to SL 2016, ch 100, § 7.) Source: SL 2016, ch 100, § 4; SDCL § 13-55-75; SL 2019, ch 235 (Ex. Ord. 19-1), § 34, eff. Apr. 14, 2019.

SDCL 1-54-25: Amount of tuition assistance--Proof of registration. The amount of tuition assistance provided in any semester to an eligible student may not exceed the cost of the credit hours for which the student registered for that semester. During a single academic year, including the summer session, the amount of tuition assistance provided to any eligible student may not exceed the tuition and generally applicable fees for forty-five credit hours at a South Dakota public postsecondary institution as of July 1, 2015. Total tuition assistance may not exceed the tuition and generally applicable fees for one hundred twenty credit hours. Tuition assistance payments shall be paid to a postsecondary institution on behalf of an eligible student there enrolled in the amount of tuition and fees of an eligible student upon submission of proof of registration of the student at the institution. Participating institutions shall establish proof of registration for all paraprofessional tuition assistance scholarship students for each semester. (This section is repealed effective June 30, 2020 pursuant to SL 2016, ch 100, § 7.) Source: SL 2016, ch 100, § 5; SDCL § 13-55-76; SL 2019, ch 235 (Ex. Ord. 19-1), § 35, eff. Apr. 14, 2019.

SDCL 1-54-26: Maintenance of eligibility for paraprofessional tuition assistance scholarship. In order to maintain eligibility for the paraprofessional tuition assistance scholarship program, an eligible student shall: (1) Maintain enrollment at the accredited postsecondary institution; (2) Maintain a cumulative 2.8 grade point average on a 4.0 scale; (3) Make satisfactory academic progress toward a degree as determined by the student's program of study; and (4) Continue working as a paraprofessional in the qualifying school while taking coursework. If, however, factors beyond the control of an eligible student prevent the student from meeting any of the requirements of subdivisions (1) to (3), inclusive, the department may temporarily waive the requirements of those subdivisions if good cause is demonstrated. (This section is repealed effective June 30, 2020 pursuant to SL 2016, ch 100, § 7.) Source: SL 2016, ch 100, § 6; SDCL § 13-55-77; SL 2019, ch 235 (Ex. Ord. 19-1), § 36, eff. Apr. 14, 2019.

CONTACT

Juliana White Bull - Taken Alive, Director

Office of Indian Education, South Dakota Department of Tribal Relations
302 E. Dakota Avenue, Pierre, SD 57501
Telephone: (605) 773-5975