Merit Institute Merit

The South Dakota Merit-Based Education & Workforce Reform Act (SD-MEWRA)

South Dakota state companion to MEWRA. Builds on the Partners in Education Tax-Credit Scholarship (S.D. Codified Laws Sec. 13-65-1 et seq.), South Dakota charter/innovation-school framework, and Board of Technical Education outcome mechanisms.

THE SOUTH DAKOTA MERIT-BASED EDUCATION & WORKFORCE REFORM ACT (SD-MEWRA)

Vehicle: State passage. South Dakota Legislature, regular session. Primary referral to House / Senate Education.

SECTION 1. SHORT TITLE

This Act may be cited as the “South Dakota Merit-Based Education & Workforce Reform Act (SD-MEWRA).”

SECTION 2. LEGISLATIVE FINDINGS AND INTENT

The Legislature finds that South Dakota operates the Partners in Education Tax-Credit Scholarship Program under S.D. Codified Laws Sec. 13-65-1 et seq. (funded via an insurance-premium-tax credit); that South Dakota permits innovation schools and open-enrollment provisions under S.D. Codified Laws Title 13; that the Board of Technical Education operates four technical colleges under S.D. Codified Laws Title 13 Ch. 39A; that the Department of Labor and Regulation operates the Dakota Career Center system; and that the Department of Education publishes school- and district-performance data. This Act extends these frameworks.

TITLE I — DEFINITIONS & COORDINATION WITH SOUTH DAKOTA LAW

Sec. 101. Definitions

  1. (a) “South Dakota outcome-based school” means a provisional school authorized under Title II by the South Dakota Outcome-Based School Authorizer (“SD-OBSA”).
  2. (b) “SD-PIESP” means the Partners in Education Tax-Credit Scholarship Program under S.D. Codified Laws Sec. 13-65-1 et seq.
  3. (c) “DLR ITA” means a DLR training account.

Sec. 102. Coordination with Existing South Dakota Law

  1. (a) Consistent with:
  • S.D. Codified Laws Sec. 13-65-1 et seq. (Partners in Education Tax-Credit Scholarship).
  • S.D. Codified Laws Title 13 (education).
  • S.D. Codified Laws Title 13 Ch. 39A (Board of Technical Education).
  • S.D. Codified Laws Title 60 (Department of Labor and Regulation).

TITLE II — SOUTH DAKOTA OUTCOME-BASED SCHOOL AUTHORIZER

Sec. 201. Establishment of SD-OBSA

  1. (a) The Department of Education, in coordination with the Board of Technical Education, shall designate a South Dakota Outcome-Based School Authorizer (“SD-OBSA”).
  2. (b) SD-OBSA shall authorize provisional schools without requiring regional-accreditor accreditation.

Sec. 202. Outcome-Based Authorization Standard

  1. (a) Authorization requires publication of outcome metrics under Sec. 401.
  2. (b) Facilities, safety, and background-check standards applicable under S.D. Codified Laws Title 13.
  3. (c) Four-year term, renewable on thresholds.

TITLE III — EDUCATION-FUND PORTABILITY

Sec. 301. SD-PIESP Extension

  1. (a) A Title II-authorized school is eligible as a qualifying school under S.D. Codified Laws Sec. 13-65-1 et seq.
  2. (b) The Department of Revenue and participating Scholarship-Granting Organizations shall treat Title II-authorized schools equivalently.

Sec. 302. DLR Training Accounts

  1. (a) The Department of Labor and Regulation shall ensure that within 24 months, at least 50 percent of training-account disbursements flow to providers publishing outcome data in the SD-OBSA Registry or Federal NLMF.

TITLE IV — PUBLISHED OUTCOME METRICS

Sec. 401. South Dakota Outcome-Metrics Registry

  1. (a) SD-OBSA shall publish completion rate; one- and three-year earnings medians; licensure/SDRMC/FRAC attainment.
  2. (b) Data sources: the South Dakota Statewide Longitudinal Data System and DLR wage records, to the extent permitted by law.

Sec. 402. Coordination with the Federal NLMF

  1. (a) Crosswalked to the Federal NLMF.
  2. (b) Nothing authorizes disclosure of PII except as permitted under S.D. Codified Laws Sec. 1-27-1 et seq. (Open Records) and 20 U.S.C. Sec. 1232g (FERPA).

TITLE V — ENFORCEMENT & REMEDIES

Sec. 501. Non-Compliant Provider Remedies

  1. (a) Suspension of SD-PIESP participating status; SD-OBSA Registry suspension; administrative penalty up to $500,000 per willful violation.
  2. (b) No private right of action.

TITLE VI — IMPLEMENTATION & GENERAL PROVISIONS

Sec. 601. Severability

If any provision is held invalid, the invalidity shall not affect the remainder.

Sec. 602. Effective Date

This Act shall take effect July 1 of the year following enactment.

Canonical federal version: MEWRA. Other South Dakota bills: SD-ACSA, SD-GT&P, SD-AI-Workforce.