Any technical college, school district LEA or school districts, or any combination of them that established a technical college before July 1, 2015, may file a petition with the board to establish the technical college as a distinct separate LEA, which shall be an LEA and a public body under chapter 1-16A. The board shall approve the petition before the technical college may operate as a distinct separate LEA. Upon establishment of a distinct separate LEA, the school district LEA shall assign to, and the newly established distinct separate LEA shall expressly assume, all duties and powers and all rights, covenants, and obligations concerning the technical college, including without limitation all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized pursuant to §§ 13-39A-24 to 13-39A-30, inclusive, and any and all instruments and other agreements related thereto. Nothing in this section prohibits an agreement between the school district LEA and the distinct separate LEA pursuant to chapter 1-24. The distinct separate LEA established pursuant to this section is not subject to §§ 13-39A-31 to 13-39A-34, inclusive.

Terms Used In South Dakota Codified Laws 13-39A-35

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC

Source: SL 2017, ch 81, § 35; SL 2020, ch 61, § 22.

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