13-49-27.1 Nonaccredited institutions prohibited from offering postsecondary education credit or degr...
Nonaccredited institutions prohibited from offering postsecondary education
credit or degree--Misdemeanor and civil penalty--Exception.
No person or governmental entity may
offer postsecondary education credit or degree in South Dakota, or while organized under the laws
of South Dakota, unless currently holding accreditation from an accrediting agency recognized by
the United States Department of Education pursuant to 20 U.S.C. § 1099b as amended to January
1, 2009, as a regional or national institutional accrediting agency, or participating in any federal
financial assistance program authorized by Title IV of the Higher Education Act of 1965 as amended
to January 1, 2009, or unless the person or governmental entity is, for a period of no more than five
years, actively seeking accreditation from a recognized accrediting agency while operating in South
Dakota under an affiliation agreement with an institution accredited by an agency recognized by the
United States Department of Education as a regional or national institutional accrediting agency or
an institution that participates in federal financial assistance programs if, under the terms of the
articulation agreement, the institution holding regional or national institutional accreditation or
participating in federal financial aid programs is responsible for awarding credits and degrees,
maintaining transcripts, and, in appropriate circumstances, administering federal financial aid
programs. A violation of this section is a Class 1 misdemeanor and subjects the violator to a civil
penalty of twenty-five thousand dollars.
The provisions of this section do not apply to a religious institution that offers credit or degree
solely for the purpose of conferring status or authority within that religion.
Source: SL 2001, ch 91, § 1; SL 2009, ch 89, § 1.