An Act to provide for the creation and funding of Oceti Sakowin community-based schools.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to title 13:
In order to establish an Oceti Sakowin community-based school that provides instruction in accordance with the Oceti Sakowin Essential Understandings and Standards, a nonprofit corporation shall file an application seeking sponsorship with the board of a school district. The application must include:
(1) A mission statement;
(2) A description of the Oceti Sakowin community-based school's organizational structure;
(3) A description of the Oceti Sakowin community-based school's governance structure;
(4) A location for and a description of the facility that will be used to house the Oceti Sakowin community-based school;
(5) The grade levels that will be served;
(6) A financial plan for the first three years of operation;
(7) Personnel policies, including those addressing employment and qualifications; and
(8) The criteria that will be used to measure the effectiveness of the Oceti Sakowin community-based school.
The application required by this section must be developed by each nonprofit corporation seeking sponsorship for an Oceti Sakowin community-based school.
For purposes of this chapter, an Oceti Sakowin community-based school means an educational institution that combines the rigorous academics of a quality school with a wide range of vital in-house services, supports, and opportunities for the purpose of promoting each student's learning and development. The school unites the most important influences in a student's life, including educational experiences, families, and communities, to create a support network that nurtures the student's development toward productive adulthood. The school embraces and lifts the indigenous language of the community and incorporates four inter-connected support systems into one core structure that includes a strong core instructional program designed to help each student meet high academic standards; enrichment activities designed to expand each student's learning opportunities and support cognitive, social, emotional, moral, and physical development; a full range of health and mental health services designed to safeguard each student's well-being and remove barriers to learning; and indigenous language as the instructional language for core classes or as a kindergarten through grade twelve indigenous language program to develop fluency and preserve language.
Section 2. That a NEW SECTION be added to title 13:
Upon receiving an application seeking sponsorship of an Oceti Sakowin community-based school, the board of a school district has sixty days to review and either approve or deny the application. The application is considered complete if:
(1) There is a reasonable likelihood that the Oceti Sakowin community-based school will open and be operated in an educationally and fiscally sound manner;
(2) Decisions regarding the Oceti Sakowin community-based school will be based on documented evidence offered as part of the application process;
(3) The Oceti Sakowin community-based school will follow policies and practices that are transparent and based on merit;
(4) Conflicts of interest or any appearance of impropriety will be avoided;
(5) The Oceti Sakowin community-based school is likely to improve student learning and achievement; and
(6) An operating agreement, including funding, is proposed.
The board of a school district shall, within five days of making a determination under this section, forward copies of all application materials and report its determination to the secretary of education.
Section 3. That a NEW SECTION be added to title 13:
An application for sponsorship of an Oceti Sakowin community-based school may not be approved by the board of a school district if the Oceti Sakowin community-based school is to be located outside the boundaries of the school district.
The board of a school district may not serve as the sponsor of an Oceti Sakowin community-based school if the Department of Education has determined that, during either of the two fiscal years immediately preceding the date of the application, the district was not in compliance with the uniform system for gathering and reporting educational data, as established in accordance with 13-3-51.
Section 4. That a NEW SECTION be added to title 13:
Each person serving as an educator at an Oceti Sakowin community-based school shall either hold a certificate, as provided for in chapter 13-42, or if the person is to provide instruction only in a Native American language, the person shall hold a South Dakota Native American Lakota, Dakota, or Nakota language permit.
Before making an offer of employment to any person, the Oceti Sakowin community-based school shall undertake a good faith effort to contact the person's previous employers and references, in order to ascertain the person's fitness for employment. The Oceti Sakowin community-based school shall document its contacts and findings pursuant to this section.
Section 5. That a NEW SECTION be added to title 13:
No later than sixty days after an application for an Oceti Sakowin community-based school is approved, the board of the school district shall enter into a contract with the governing board of the Oceti Sakowin community-based school. The contract must include:
(1) The academic and operational expectations of the Oceti Sakowin community-based school and the manner in which both are to be determined;
(2) The terms and conditions of sponsorship;
(3) The rights and expectations of the sponsoring school district and the Oceti Sakowin community-based school;
(4) A requirement that the Oceti Sakowin community-based school be nonsectarian in its programs, admission policies, employment practices, and all other operations;
(5) A requirement that the Oceti Sakowin community-based school provide a comprehensive program of instruction for at least one grade level between kindergarten and twelve;
(6) A requirement that the Oceti Sakowin community-based school is subject to the same operational term as provided for in 13-26-2;
(7) A requirement that the Oceti Sakowin community-based school is subject to all state and federal laws governing the provision of education to children with disabilities;
(8) A requirement that the Oceti Sakowin community-based school follow the Oceti Sakowin Essential Understandings and Standards;
(9) A requirement that the Oceti Sakowin community-based school incorporate in its instruction the official indigenous language of this state, as set forth in 1-27-20;
(10) A requirement that the Oceti Sakowin community-based school provide for the measurement of student progress in a manner required by the Department of Education;
(11) A requirement that the Oceti Sakowin community-based school report educational data and preserve educational and financial records in the same manner as school districts in accordance with 13-3-51 to 13-3-51.6, inclusive;
(12) A requirement that the Oceti Sakowin community-based school and its governing board comply with the open meetings and open records provisions otherwise applicable to school districts, in accordance with chapters 1-25 and 1-27, respectively;
(13) A requirement that the Oceti Sakowin community-based school is subject to annual financial and compliance audits, as well as performance audits;
(14) A requirement that the Oceti Sakowin community-based school must maintain accounting and financial functions that are separate and apart from those of the sponsoring school district;
(15) A requirement that the Oceti Sakowin community-based school shall maintain an adequate risk management and insurance program;
(16) A requirement that, unless otherwise provided in this chapter, the Oceti Sakowin community-based school is subject to the same state and federal laws that are applicable to other school districts in this state, except those laws applicable to taxing authority, as found in chapters 10-12, 13-11, and 13-16, and school district elections as set forth in chapters 13-7 and 13-8;
(17) A requirement that the Oceti Sakowin community-based school is subject to the same student assessment and accountability requirements applicable to other school districts in this state, except that nothing prevents the school, with the sponsor's approval, from establishing additional assessments and requirements that exceed those otherwise applicable under state law; and
(18) A requirement that the Oceti Sakowin community-based school must utilize the same standards as those established for the education of students in a school district.
Section 6. That a NEW SECTION be added to title 13:
An initial contract, provided for in section 5 of this Act, must have a term of five years, except as otherwise permitted by section 13 of this Act, and specify a beginning date. An Oceti Sakowin community-based school may, upon notifying the board of the sponsoring school district, delay the effective date of the contract for a period of one year. If the Oceti Sakowin community-based school determines that a delay of more than one year is necessary, the school may request concurrence by the board. The board may grant the request, deny the request, or terminate the sponsorship.
Section 7. That a NEW SECTION be added to title 13:
The board of a sponsoring district shall monitor the performance and legal compliance of an Oceti Sakowin community-based school and may request, collect, and analyze data from the Oceti Sakowin community-based school to support the ongoing monitoring and evaluation. The board of a sponsoring district shall, at the time and in the manner requested by the Department of Education, provide to the department a report regarding the performance of the Oceti Sakowin community-based school. The report and data contained in the report must be separate and apart from any report or data otherwise pertaining to the school district.
Section 8. That a NEW SECTION be added to title 13:
If the board of a sponsoring school district determines that an Oceti Sakowin community-based school's performance or legal compliance is unsatisfactory, the board must provide written notification to the Oceti Sakowin community-based school and must provide the school with a specific time period within which the matter must be addressed. If the matter is not addressed by the Oceti Sakowin community-based school within the specified time period, the board may take corrective action, including the imposition of sanctions, or may terminate the sponsorship.
Section 9. That a NEW SECTION be added to title 13:
After an initial contract has been in effect for four years, the board of a sponsoring district shall provide to an Oceti Sakowin community-based school a report setting forth the school's performance to date and shall note any concerns that need to be addressed before the renewal process is initiated. The board shall provide the Oceti Sakowin community-based school at least thirty days within which to submit clarifications or corrections to the report, or to otherwise respond to the report.
The board shall provide guidance to the Oceti Sakowin community-based school regarding the renewal process and set forth the specific criteria that the board will use to make a determination regarding a renewal of the contract.
The process must involve an application to renew the contract. The Oceti Sakowin community-based school may attach to its application for renewal:
(1) Additional evidence of improvements in student performance;
(2) A description of improvements that had been undertaken, are being undertaken, or are being planned; and
(3) A detailed operational plan for the ensuing contract period.