South Dakota’s Constitution will be amended to add a provision regarding the state’s four postsecondary technical institutes after a “Yes” vote on Amendment R in Tuesday’s election. Article XIV, section 3 of the Constitution of the State of South Dakota is now amended to provide that “postsecondary technical education institutes that offer career and technical associate of applied science degrees and certificates or their successor equivalents and that are funded wholly or in part by the state shall be separately governed as determined by the Legislature.” Section 3 was further amended to clarify that the state’s public institutions, under the control of the board of regents, “offer academic or professional degrees of associate of arts, associate of sciences, baccalaureate or greater.”

The four postsecondary institutions impacted by the constitutional amendment are Lake Area Technical Institute, Mitchell Technical Institute, Southeast Technical Institute, and Western Dakota Technical Institute. These technical institutes are currently locally operated by the respective K-12 school districts, with additional oversight from the South Dakota Board of Education. Now, the South Dakota Legislature will work to establish the governance structure for the oversight of these institutions separate and apart from the board of regents.

Contact Education Practice Group Leader, Samuel D. Kerr, at (605) 342-2592 or skerr@lynnjackson.com for questions on Accreditation, Compliance, Government & Regulatory Affairs, Governance, Labor & Employment in Education or Title IX issues.