Text of SD HB 1161 (2015)

State of South Dakota NINETIETH SESSION LEGISLATIVE ASSEMBLY, 2015 549W0485 HOUSE BILL NO. 1161 Introduced by: Representatives Haugaard, Beal, Brunner, Greenfield (Lana), Heinemann (Leslie), Hunt, Langer, Marty, May, Qualm, Russell, and Verchio and Senators Greenfield (Brock), Haggar (Jenna), Heineman (Phyllis), Holien, Jensen (Phil), Lederman, Olson, Otten (Ernie), Rusch, Solano, and Van Gerpen FOR AN ACT ENTITLED, An Act to limit certain rule making authority of the South Dakota 1 High School Activities Association. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-36-4 be amended to read as follows: 4 13-36-4. The school board of a public school, approved and accredited by the secretary of 5 the Department of Education, may delegate, on a year to year basis, the control, supervision, and 6 regulation of any high school interscholastic activities to any association which is voluntary and 7 nonprofit if: 8 (1) Membership in such association is open to all high schools approved and accredited 9 pursuant to this section, including any school that allows participation by students 10 receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions 11 of this title; 12 (2) The constitution, bylaws, and rules of the association are subject to ratification by the 13 170 copies were printed on recycled paper by the South Dakota Legislative Research Council at a cost of $.098 per page. v Insertions into existing statutes are indicated by underscores. Deletions from existing statutes are indicated by overstrikes. - 2 - HB 1161 school boards of the member public school districts and the governing boards of the 1 member nonpublic schools and include a provision for a proper review procedure and 2 review board; 3 (3) The report of any audit required by § 13-26-5 is made public on the association's 4 website as well as the Department of Legislative Audit's website; 5 (4) The association complies with the provisions of chapter 1-25 and chapter 1-27. 6 However, any such association, and its employees, meetings, and records, are 7 afforded the same exemptions and protections as a political subdivision or public 8 body is provided under chapter 1-25 and chapter 1-27; and 9 (5) The association shall report to the Government Operations and Audit Committee 10 annually, or at the call of the chair. 11 The governing body of a nonpublic school, approved and accredited by the secretary of the 12 Department of Education, or the North Central Association Commission on Accreditation and 13 School Improvement (NCA CASI), or the Association of Christian Schools International 14 (ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools 15 International (CSI), or National Lutheran School Accreditation (NLSA), or Wisconsin 16 Evangelical Lutheran Synod School Accreditation, may also delegate, on a year to year basis, 17 the control, supervision, and regulation of any high school interscholastic activities to any 18 association which is voluntary and nonprofit if membership in such association is open to all 19 high schools approved and accredited pursuant to this section, including any school that allows 20 participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to 21 the provisions of this title, and if the constitution, bylaws, and rules of the association are 22 subject to ratification by the school boards of the member public school districts and the 23 governing boards of the member nonpublic schools and include a provision for a proper review 24 - 3 - HB 1161 procedure and review board. 1 Any association which complies with this section may exercise the control, supervision, and 2 regulation of interscholastic activities, including interscholastic athletic events of member 3 schools. Such association may promulgate reasonable uniform rules, to make decisions and to 4 provide and enforce reasonable penalties for the violation of such rules. However, the 5 association may not establish policy relating to sexuality or gender identity, other than the basic 6 distinction between the male and female high school activities. 7