An Act to establish the stronger families scholarship program for children in foster care, to make an appropriation therefor, and to declare an emergency.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. There is hereby appropriated from the general fund the sum of $1 to the Department of Education, for purposes of establishing the stronger families scholarship program as authorized in sections 4 to 18, inclusive, of this Act.
Section 2. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert on June 30, 2026, in accordance with the procedures prescribed in chapter 4-8.
Section 4. That a NEW SECTION be added to title 13:
Terms used in this chapter mean:
(1) “Acting parent,” a parent, foster parent, adoptive parent, or other person with the authority to act in place of a parent for the child;
(2) “Department,” the Department of Education;
(3) “Scholarship granting organization,” a nonprofit organization that complies with the requirements of this chapter and awards scholarships to eligible students; and
(4) “Program,” the stronger families scholarship program established pursuant to this chapter.
Section 5. That a NEW SECTION be added to title 13:
The stronger families scholarship program is established. Annual scholarships are available beginning in the 2023-2024 school year. A student may receive a scholarship of four thousand dollars to reimburse eligible expenses incurred by an acting parent as described in section 7 of this Act.
A scholarship granting organization shall administer scholarships for eligible students attending a nonpublic school. The department shall administer scholarships for eligible students attending a public school in this state.
Section 6. That a NEW SECTION be added to title 13:
A student is eligible to receive a scholarship if the student is an abused or neglected child in the custody of the Department of Social Services for at least thirty days pursuant to a court directive and is currently placed, or during the previous state fiscal year was placed, in foster care or other out-of-home care. An eligible student retains program eligibility regardless of subsequent placement out of the foster care system.
Section 7. That a NEW SECTION be added to title 13:
For the purposes of this chapter, the term, eligible expenses, means:
(1) For a student attending an eligible nonpublic school, tuition and fees charged by the nonpublic school;
(2) Payment for tutoring or teaching services provided by an individual or facility accredited by a state, regional, or national accrediting organization;
(3) The purchase price of curricula and supplementary instructional materials;
(4) Tuition or fees for an online learning program;
(5) Fees for:
(a) A nationally standardized norm-referenced achievement test;
(b) An advanced placement examination; and
(c) Any exams related to college or university admission;
(6) Technology purchases, including computer hardware and technological devices primarily used for educational purposes; and
(7) For a student attending a public school, transportation expenses to and from the school that the student attends, if the student is enrolled in a school district that is not the student's district of residence and the district does not provide transportation for the student.
Section 8. That a NEW SECTION be added to title 13:
To receive an initial scholarship for a student attending an eligible nonpublic school, the acting parent shall:
(1) Submit an application to a scholarship granting organization by a date established by the organization; and
(2) Provide documentation to the scholarship granting organization that:
(a) The student is enrolled full-time at an eligible nonpublic school; and
(b) The acting parent has met with the nonpublic school's principal or the principal's designee to review the school's academic programs and policies, educational programs, code of student conduct, and attendance policies.
A scholarship granting organization shall verify the contents of the application, determine if the student is eligible as provided in section 6 of this Act, and verify with the department that the student is not enrolled in a school district. The scholarship granting organization shall notify the department and the acting parent if the student is awarded a scholarship.
Upon notification from the scholarship granting organization that a student has been awarded a scholarship, the department shall release the student's scholarship funds to the organization. The scholarship granting organization shall create an account for the student and deposit the student's scholarship funds received from the department into the student's account.
Prior to submitting any invoice of eligible expenses, the acting parent shall sign an agreement with the organization affirming that scholarship funds will only be used for eligible expenses.
The acting parent shall submit an invoice of eligible expenses incurred on the student's behalf to the scholarship granting organization for reimbursement. The organization shall release funds from the student's account for eligible expenses invoiced by the acting parent.
To renew the scholarship under this section, the acting parent must annually apply to the scholarship granting organization on a date established by the organization and sign a sworn compliance statement affirming that scholarship funds have only been used for eligible expenses.
Section 9. That a NEW SECTION be added to title 13:
To receive a scholarship for a student attending a public school, an acting parent shall apply to the department by a date established by the department. The department shall verify the contents of the application and determine if the student is eligible as provided in section 6 of this Act. The department shall notify the acting parent if the student is awarded a scholarship.
Prior to submitting any invoice of eligible expenses, the acting parent shall sign an agreement with the department affirming that scholarship funds will only be used for eligible expenses.
The acting parent shall submit an invoice of eligible expenses incurred on the student's behalf to the department for reimbursement. The department shall release funds for eligible expenses invoiced by the acting parent.
To renew the scholarship under this section, the acting parent must annually apply to the department on a date established by the department and sign a sworn compliance statement affirming that scholarship funds have only been used for eligible expenses.
Section 10. That a NEW SECTION be added to title 13:
Section 7 of this Act notwithstanding, scholarship funds may not be used to reimburse a group or residential treatment center for standard education provided to students in a group or residential treatment setting.
Section 11. That a NEW SECTION be added to title 13:
An acting parent may be reimbursed for eligible expe