S.D. Admin. R. 46:11:04:14

Current through Register Vol. 51, page 67, December 16, 2024

Section 46:11:04:14 - bylaws or other legal documents

Each provider must adopt bylaws or other legal documents which state its purpose. The bylaws or other legal documents shall:

(1) Provide for a rotating board of directors;

(2) Establish term limits for members of the board of directors;

(3) Provide opportunity for participants and family members to be members of the board of directors or a voting board or a voting member of an active board committee;

(4) Provide that the members of the governing board serve without pay; and

(5) Provide that no financial benefit accrue as a result of membership of the board.

A provider that is an education cooperative is exempt from this section provided the provider complies with the provisions in SDCL chapter 13-8. A provider that is legally organized in a different state may meet the requirements of this section through the use of an advisory board that complies with provisions of this section instead of the board of directors.

S.D. Admin. R. 46:11:04:14

22 SDR 104, effective 2/13/1996; 27 SDR 63, effective 12/31/2000; 40 SDR 102, effective 12/3/2013; 42 SDR 9, effective 8/2/2016

General Authority: SDCL 27B-2-26(2).

Law Implemented: SDCL 27B-2-26.

School boards and school district officers, SDCL chapter 13-8.