South Dakota: A Step By Step Guide To Obtain State Approval For A Private Post Secondary Institution

Licensing Agency

South Dakota Secretary of State – Office of the Secretary of State (Postsecondary Education Authorization Division). This state office is responsible for overseeing the authorization of private postsecondary institutions in South Dakota. All private degree-granting colleges, universities, and non-degree vocational or career schools with a physical presence in the state must be approved via a Certificate of Authorization issued by the Secretary of State under South Dakota Codified Law (SDCL) Chapter 13-48.

Agency Contact

South Dakota Secretary of State – Postsecondary Education Authorization
Attn: Postsecondary Education Program (General Services Division)
500 East Capitol Avenue, Suite 204
Pierre, SD 57501
Phone: (605) 773-2797
Email: sos.edu@state.sd.us

Degree-Granting Institutions

Process

South Dakota law (SDCL 13-48-35) requires any private postsecondary institution with a physical location in the state to secure a Certificate of Authorization from the Secretary of State before offering educational programs. Degree-granting institutions (such as private colleges or universities) must follow these key steps to obtain state approval:

• Determine Exemption or Applicability — First, confirm whether the institution needs to be authorized. If it qualifies for a statutory exemption (for example, a religious institution only awarding religious degrees, or an institution established by the U.S. government or a tribal government – see State Exemptions below) or if it will not have any physical presence in South Dakota (e.g. offering purely online programs with no in-state campus or office), then this state authorization is not required. If no exemption applies and the school will operate a campus or instructional site in South Dakota, it must proceed with the authorization process.
  
  
• Establish Legal Entity Status — Ensure the institution is properly organized and recognized to do business in South Dakota. The applicant must be legally established either as a South Dakota business entity (e.g. a corporation or LLC registered in SD) or as an out-of-state (foreign) entity qualified to do business in SD. Public institutions from other states (instrumentalities of another state) are also eligible, but an institution under the South Dakota Board of Regents (the state’s public university system) would not apply through this process. Before applying, the school should have obtained a South Dakota business ID or otherwise be chartered/authorized to operate as a corporate or nonprofit entity in accordance with state laws.
  
  
• Obtain Accreditation or Affiliation — State law mandates that any postsecondary institution seeking authorization must be accredited by an accrediting agency recognized by the U.S. Department of Education OR, if not independently accredited, must operate under an affiliation agreement with an accredited postsecondary institution. Degree-granting schools are generally expected to hold institutional accreditation (regional or national). If the institution is not yet accredited, it must arrange for a partnership where an accredited institution will oversee academic credit and credentials for the students. In practice, this means securing a written affiliation agreement with an accredited college or university that will award degrees/credits and maintain student transcripts on the applicant’s behalf until the applicant obtains its own accreditation. Documentation of either current accreditation (e.g. accreditation certificate or letter) or the signed affiliation agreement must be prepared for submission.
  
  
• Prepare Application Materials — Complete the official Application for Certificate of Authorization to Provide Postsecondary Education. This form is provided by the Secretary of State’s office (available on the Secretary of State website or upon request) and requires detailed information about the institution. Be ready to provide: the official name of the institution; main address and physical South Dakota address of the campus or site; the institution’s website; a designated contact person (with title, phone, email); information on the institution’s organization (e.g. whether it has a parent organization or is part of another state’s system); and the accreditation status or affiliation details. The application will also ask if the institution has ever been ordered to cease operations in any jurisdiction – if yes, you must disclose details. Attach all supporting documents as needed (such as proof of accreditation or the affiliation agreement, and any additional campus location list on “Attachment A” if the school has multiple sites). It’s crucial to fill out every section accurately and truthfully, as the form must be signed by an authorized officer of the school under penalty of perjury (false statements can lead to criminal penalties).
  
  
• Submit Application and Fee — Once the application form is complete and all required attachments are compiled, submit the package to the Secretary of State’s office. The state charges an initial application filing fee of $500, which must accompany the application. This fee is non-refundable and not prorated. Payment is typically made by check or money order payable to “Secretary of State.” The application can be mailed or hand-delivered to the Secretary of State’s office in Pierre (see Agency Contact below for the address). The office also accepts electronic submissions (email) for convenience, but be sure to coordinate payment of the fee if submitting by email. Keep a copy of the entire submission for your records. Note: An application will not be processed if the institution does not have a South Dakota physical presence – the Secretary of State will reject filings from purely online providers, consistent with the law’s requirements.
  
  
• Agency Review — The Secretary of State’s staff will review the application for completeness and compliance with SDCL 13-48. During this Review & Evaluation stage, the office verifies that the institution meets all statutory criteria: that it is a legally organized entity in good standing, has a qualifying physical location in South Dakota, and has provided proof of accreditation or a valid affiliation agreement. They will also check that the $500 fee was paid and may verify the institution’s accreditation status or contact the partner institution if necessary. Unlike some states, South Dakota does not conduct a separate academic quality evaluation through a higher education board – the process is administrative in nature, relying on accreditation for quality assurance. If any required information is missing or if something does not meet the requirements, the Secretary of State’s office may request additional documentation or clarification from the applicant. It’s important to respond promptly to any such requests to avoid delays.
  
  
• Certification & Approval — Upon determining that all requirements are satisfied, the Secretary of State will issue the Certificate of Authorization, officially approving the institution to operate in South Dakota. This licensure decision is typically made by the Secretary of State (or their designee) under the authority of SDCL 13-48. The institution will receive a certificate document and will be added to the state’s registry of authorized postsecondary institutions. The approval allows the school to legally offer the degree programs listed in its application at the specified location(s). The timeline for this decision can vary, but since the review is straightforward, approval is often granted relatively quickly once a complete application is in hand – often within a few weeks. (There is no long board hearing process; the Secretary of State can approve as soon as the file is verified.) Licensure Decision: Note that every initial certificate of authorization in South Dakota currently expires on the next July 1 after issuance (see Renewal below). For example, if your license is issued in February, it will expire on July 1 of that same year unless renewed. The Secretary of State’s approval is ongoing in the sense that it will renew annually, but the institution must meet post-approval obligations continuously to maintain good standing.
  
  

Application

To initiate authorization, the institution must use the official state application form for postsecondary institutions. South Dakota’s “Application for Certificate of Authorization to Provide Postsecondary Education” (pursuant to SDCL 13-48) can be obtained from the Secretary of State’s website or by contacting the office. The form should be filled out completely, typed or clearly printed. No sections should be left blank – if an item does not apply, indicate “N/A.”

When preparing the application, ensure that the physical South Dakota location (street address of the campus or instructional site) is clearly listed – this is crucial for the application to be valid. If the institution will operate at multiple sites in the state (additional learning centers, etc.), you must include Attachment A (as referenced in the form) listing each site’s address. Any future changes to these locations would require an amendment filing (within 30 days of the change).

For the portion of the form regarding the institution’s status: if the school is an instrumentality of another state (e.g., a public university from another state opening a center in SD), list the government agency overseeing it in that home state. If the school is a private entity, ensure you have your South Dakota Business ID (from the Secretary of State’s Business Services registration) and the exact legal name of the business entity – these go on the form to confirm you are “legally established to operate in South Dakota.”

In the accreditation section of the application, attach a copy of the institution’s current accreditation letter or certificate from a recognized accreditor. If the institution is not accredited, attach the affiliation agreement with an accredited institution (the agreement should detail how the accredited partner will grant academic credit and maintain student records for your students). Lack of either an accreditation document or an affiliation agreement will halt the application, as this is a non-negotiable requirement in SD.

The application also asks about any history of the institution being ordered to cease operations. If the applicant (or its parent organization) has ever received an order from a government authority to shut down or stop operations (perhaps in another state), you must check “Yes” and provide details (jurisdiction, date of order, reason, and current status of that order). An affirmative answer does not automatically disqualify an application, but expect the Secretary of State’s office to scrutinize the circumstances; be transparent and provide any official documentation related to the resolution of that issue.

Once the form and attachments are ready, an authorized representative of the institution (such as the president, CEO, or other officer) must sign the application. The signature attests that the information is true and correct to the best of their knowledge. South Dakota requires that any changes to the information provided must be reported within 30 days, and that false statements can carry criminal penalties, so accuracy is important. The application does not require notarization, but it is a legally binding submission.

Submit the completed application form, along with all supporting documents and fee payment, to the Secretary of State’s office. You may mail the package or deliver it in person. The office’s mailing address and contact email are provided on the form (and in the Agency Contact section of this guide). If sending electronically, you might be instructed to email the form and PDFs of attachments and then separately mail a check for the fee. Always confirm receipt of your application and keep copies of everything.

Fees Payment

Initial Application Fee: An application for a postsecondary institution authorization in South Dakota must include a $500 filing fee. This fee is non-refundable (regardless of the outcome or if you withdraw) and not pro-rated. In other words, the full $500 is due even if your license will only be valid for part of a year before renewal. Payment should be made out to the “Secretary of State.” Typically, a check or money order is used; if you deliver in person, they may accept cash or a cashier’s check. Be sure to include the payment with the application—applications without the fee will not be processed.

South Dakota does not impose any separate background investigation fee or site visit fee for authorizing colleges. The $500 covers the review and issuance of the certificate. However, note that annual renewals carry a separate fee (discussed under Renewal below). Also, if your application is approved, you will likely want to register with other state entities (for example, to pay sales tax if applicable, or to register your programs with certain state boards if they have oversight for licensure programs), but those are outside of the Secretary of State’s fees.

Keep the payment receipt (or a copy of the check) as part of your records. The fee is charged per institution, not per program, and there is no additional fee per degree or anything of that sort. If an application is denied or incomplete, the fee is not returned, so ensure you meet all requirements to avoid losing the filing fee unnecessarily.

Review & Evaluation

After submission, the Secretary of State’s office will conduct a thorough administrative review of the application. This evaluation ensures that all statutory requirements are met and all necessary documentation is on file:

• Completeness Check: Staff will verify that the application form is fully filled out and signed, the required fee was paid, and all attachments (accreditation or affiliation proof, etc.) are included. If something is missing, the office may reach out to the contact person listed on the application for clarification or additional materials. Promptly provide any requested information – the quicker you respond, the sooner the review can be completed.
  
  
• Legal Criteria Verification: Using the standards set in SDCL 13-48-37, the Secretary of State confirms the institution’s eligibility. Key criteria include: (1) the institution’s legal incorporation/authorization status (is it properly registered and in good standing to operate in SD or, if a public institution, established by law), and (2) the accreditation or affiliation status. They will look at the accreditation document to ensure it is from a U.S. Dept. of Education-recognized accreditor and is current. If an affiliation agreement is provided instead, they will evaluate whether that agreement meets the law’s terms (i.e., the partner is accredited and will award credits/credentials and handle transcripts for the applicant’s students).
  
  
• Background and Compliance Check: The office will consider any disclosed history such as past cease-operation orders. They may contact the relevant authorities or use their discretion to determine if the prior issues are resolved such that the institution is fit to operate in South Dakota. The emphasis is on consumer protection – the state wants to ensure that institutions operating in South Dakota are stable and not likely to defraud or harm students.
  
  
• No Academic Peer Review: It is important to note that South Dakota does not convene a higher education commission or academic board to evaluate the quality of curricula or faculty for the purposes of state authorization. The state defers to recognized accreditation as the measure of academic quality. Therefore, the review is primarily paperwork-based and legal in nature. As long as the institution’s credentials and documents are in order, there is no subjective curriculum review at this stage.
  
  

If the application satisfies all criteria, the review will move swiftly to approval. If deficiencies are found, the Secretary of State may either hold the application in abeyance while requesting fixes or, in rare cases, deny the application. A denial would typically happen if an institution fundamentally cannot meet a requirement (e.g., an unaccredited institution with no acceptable affiliate, or a history of serious legal violations). Usually, the office gives the applicant a chance to correct issues before any denial. Open communication during this phase is encouraged.

Additional Review

South Dakota’s approval process is centralized under the Secretary of State. No separate educational board or commission is involved in authorizing private degree-granting institutions in the state. This means once the Secretary of State is satisfied and issues the certificate, there isn’t an additional layer of state approval required for the institution to operate. Unlike some states, there is no independent higher education regulatory commission that must vote on or evaluate the application.

However, institutions should be aware of a few parallel or subsequent oversight mechanisms:

• Consumer Protection Oversight: The South Dakota Office of Attorney General, specifically the Division of Consumer Protection, has authority to handle student complaints and enforce compliance after an institution is authorized. If complaints arise alleging that an institution is violating state law or not meeting promised obligations, the Attorney General can investigate. Per SDCL 13-48-40, the Attorney General may take action on complaints and even initiate proceedings to cease an institution’s operations in South Dakota if necessary. If a school is part of the state public system (Board of Regents), complaints are referred to that Board, but for private institutions the Attorney General is the main avenue. While this is not part of the initial licensing process, it is an important regulatory layer to keep in mind – maintaining good practices and resolving student issues is critical to avoid any enforcement action.
  
  
• SARA for Distance Education: South Dakota is a member of the National Council for State Authorization Reciprocity Agreements (NC-SARA) for distance learning. The South Dakota Board of Regents serves as the state “portal” agency for SARA. This is relevant only if the institution participates in SARA to offer online/distance education across state lines. Participation in SARA is separate from obtaining the Certificate of Authorization; it is not required for state licensure but can be pursued after authorization if the institution wants to offer online programs to students in other SARA member states. The SARA process might involve additional review of the institution by the Board of Regents for distance-ed standards, but again, it does not duplicate the general authorization for the physical presence. In summary, aside from consumer protection and optional SARA membership, no other state agency will routinely review the institution’s authorization.
  
  
• Program-Specific Licensure Oversight: Certain degree programs (for example, nursing, teacher education, etc.) may require approval or accreditation from professional licensing boards or agencies in addition to the institution’s state authorization. This is programmatic and does not affect the institution’s overall license to operate, but the institution should separately seek those approvals as needed (e.g., approval from the South Dakota Board of Nursing for a nursing program). Institutions in fields like cosmetology are entirely exempt from SOS oversight because they fall under another agency’s jurisdiction (see exemptions), meaning they would instead go through that specific commission. Ensure you identify any such requirements relevant to your degrees, but these are outside the scope of the Secretary of State’s authorization process.
  
  

Overall, the primary approval comes directly from the Secretary of State. There is no secondary state board approval step for institutional authority. Once licensed, additional reviews are situational and program-specific rather than an extra hurdle for initial institutional licensure.

Licensure Decision

When all requirements are met, the Secretary of State will grant the Certificate of Authorization. The licensure decision typically results in a formal certificate or letter issued to the institution. The certificate will confirm that the institution is authorized under SDCL Chapter 13-48 to provide postsecondary education at the specified physical location(s) in South Dakota. The date of issuance will be on the certificate.

Importantly, South Dakota’s authorization operates on an annual cycle. Certificates of Authorization expire on July 1 following their date of issue. This means the initial license is valid up until the upcoming July 1. For example, if a certificate is issued on September 15, 2025, it will expire on July 1, 2026. If issued on June 1, 2025, it would expire just one month later on July 1, 2025. This annual expiration is a result of state law which instituted yearly renewals to ensure institutions continue to meet conditions. Therefore, the licensure decision is not “once and for all” – it must be renewed each year (see Renewal).

Upon approval, the Secretary of State’s office will add the institution to the public list of authorized institutions (often available on the Secretary’s website for consumer reference). The institution may now legally advertise and offer its degree programs in South Dakota. (Note: Without authorization, even advertising degree programs in the state is prohibited by law.) The school should maintain the certificate in its records and perhaps display it as required.

The timeline for receiving the decision can vary, but since no external commission meetings are needed, the process from complete application to decision is generally efficient. Many applications are processed within a matter of weeks. If you have a target start date for when you wish to begin operations or advertising in South Dakota, it’s wise to submit the application at least a month or two in advance to account for any back-and-forth on documentation. The Secretary of State does not publish a standard processing timeframe, but the lack of a complex review process means turnaround can be relatively quick if everything is in order.

The final authority to approve or deny lies with the Secretary of State. If an application were denied (uncommon if pre-requisites are met), the institution could presumably correct the issues and reapply. There is no formal appeal board specified in the law for a denial aside from re-submission, so it is preferable to work with the SOS office during the review to address concerns proactively.

Continuous Compliance

Once authorized, a degree-granting institution must continuously comply with state requirements to maintain its approval in good standing. Key ongoing obligations include:

• Maintain Accreditation/Affiliation: The institution must continue to be institutionally accredited (if it was accredited at licensing) or, if operating under an affiliation agreement, ensure that agreement remains active and in force. If an institution loses its accreditation or if an affiliation arrangement ends, the institution would no longer meet the conditions of authorization under SD law. In such a case, the school should immediately inform the Secretary of State and would likely have to cease enrolling new students until the situation is remedied. Essentially, the state’s permission is predicated on having recognized accreditation (directly or indirectly). Planning for accreditation if currently unaccredited is important – while the law doesn’t set a strict timeline for an unaccredited school to become accredited, operating long-term under an affiliation might not be sustainable. Strive to progress toward independent accreditation if that applies.
  
  
• Notification of Changes: South Dakota Codified Law 13-48-39 requires institutions to notify the Secretary of State’s office within 30 days of any change to the institution’s name or the physical location of any campus in the state. This is typically done by submitting an amendment application (the Secretary of State provides a form for amendments to authorization). For example, if a college changes its name or moves to a new address (or opens an additional campus location), it must report those changes to keep the state’s records current. Failing to do so could put the institution out of compliance. Minor changes (like a new president or a program change) are not specifically required to be reported to the SOS, but anything that alters what was on the original application (name, location, corporate status, etc.) should be communicated.
  
  
• Annual Renewal: As noted, authorization must be renewed each year by July 1. The institution needs to submit a renewal application and fee on time. Continual compliance includes meeting the renewal deadlines and requirements (see Renewal section). An institution that does not renew by the deadline will have its authorization lapse, at which point it cannot legally operate until reinstated.
  
  
• Good Standing and Conduct: The institution should remain in good standing in all respects. This means keeping its business entity registration active with the state (don’t let your incorporation or foreign business certificate lapse), and abiding by all relevant state laws and regulations applicable to educational institutions. If the school is found to be violating consumer protection laws, engaging in fraud, or not delivering the education promised, the Attorney General could step in. It’s important to handle student complaints ethically and maintain transparency in advertising and operations to avoid regulatory problems. The Secretary of State’s office itself doesn’t routinely police the institutions beyond ensuring they renew and update changes, but any serious issues can come to light through complaints.
  
  
• Records and Transcripts: South Dakota’s rules emphasize that academic records must be preserved. For degree-granting institutions, especially those under an affiliation model, it’s critical that student transcripts and credits are securely maintained by the accredited partner per the agreement. If the institution plans to close or end operations in South Dakota, it should notify the Secretary of State and ensure a plan is in place for the custody of student transcripts (for instance, transferring them to an appropriate repository or the partner institution). This protects former students’ ability to obtain their records in the future.
  
  
• Advertising and Representation: Institutions must accurately represent their authorization status in South Dakota. They cannot say they are “approved by” or “accredited by” the state in any misleading way – they can state they are authorized to operate. Any reference to the state should not imply academic endorsement. Also, any use of terms like “University” must align with state laws (South Dakota generally doesn’t restrict use of “college” or “university” in naming, but since the Board of Regents manages public universities, a private entity should avoid confusing nomenclature or implying it’s state-run).
  
  

By adhering to these ongoing requirements, an institution will remain in compliance and can focus on providing education services. Non-compliance (like letting accreditation lapse or failing to renew on time) can result in the authorization being revoked or not renewed, which would legally bar the institution from continuing to operate in the state. The Secretary of State’s office expects institutions to be proactive in meeting their obligations – there is not a heavy-handed monitoring system, but the legal duty is on the institution to follow the rules.

Renewal

Renewal Frequency: South Dakota requires annual renewal of postsecondary institution authorizations. Each Certificate of Authorization expires on July 1 each year, and the institution must renew by that date to maintain continuous approval. There are no multi-year licenses; it is a yearly cycle.

Renewal Application: The Secretary of State provides a Renewal Application for Certificate of Authorization (a form similar to the initial application). The renewal form will ask the institution to update or confirm key information: institutional name, addresses, contact person, etc., and to affirm that the institution continues to meet the requirements of the law. Essentially, the institution must still be legally organized in SD, and still accredited (or maintaining the approved affiliation), and it must confirm that it has not been ordered to cease operations by any authority. If any of these fundamental conditions have changed (for example, if accreditation was withdrawn), the renewal would not be granted until that is resolved.

Renewal Fee: The renewal application must be accompanied by a $250 renewal fee (non-refundable). This fee is due on or before July 1 each year. The payment is made to the Secretary of State, just like the initial fee. It’s wise to submit the renewal form and fee well ahead of the deadline (for instance, in June or earlier) to ensure processing time and avoid any lapse. The Secretary of State may send reminder notices to authorized institutions, but even if no reminder is received, the responsibility to renew on time lies with the institution.

Renewal Process: Upon submission of the renewal form and fee, the Secretary of State’s office will review the renewal. The review is generally simpler than the initial application – it’s mostly a check that the institution still satisfies the law. You may need to attach an updated copy of your accreditation certificate or a letter from the accreditor if the previous one on file has expired or if your accreditation was recently renewed/extended. If operating under an affiliation, you might provide a current statement from the partner institution that the agreement remains in effect. The renewal form will also require an updated signature by an authorized officer, certifying the information is true.

If the renewal is approved, the Secretary of State will issue a new Certificate (or a validation of continued authorization) effective July 1 to July 1 of the next year. The institution’s name stays on the authorized list. From the perspective of day-to-day operations, students and the public likely won’t notice anything different – the school continues operating seamlessly – but legally the institution has a new authorization term.

Failure to Renew: Missing the July 1 deadline has serious implications. If a school does not submit the renewal in time (and the fee is not paid), its authorization lapses as of July 1. Operating after that without a valid certificate would violate state law. If this happens inadvertently, the Secretary of State has a provision for reinstating an expired authorization. The institution would need to file for reinstatement, essentially a late renewal, and pay a reinstatement fee (which is also $250). The Secretary can reinstate the license if the institution still meets the criteria (accreditation, etc.) and if no order to cease operations exists. During any period of expiration, however, the institution should halt new enrollments or advertising in South Dakota until the authorization is back in place.

To avoid any lapse, mark the renewal deadline clearly on your calendar and prepare the renewal materials well in advance. Consistent compliance and timely renewal will ensure the institution’s state approval remains in effect year after year.

Checklist of Required Items

When seeking initial state authorization in South Dakota as a degree-granting institution, be sure to have the following items ready:

• Completed Application Form – The official South Dakota Secretary of State application for Certificate of Authorization, fully filled out and signed by an authorized institutional officer.
  
  
• Corporate Documentation – Proof of the institution’s legal status in South Dakota. This could include the South Dakota Business ID and documentation of incorporation or foreign authorization. (Typically, you should have filed with the Secretary of State’s Business Services to register your entity beforehand – ensure this is done and in good standing.)
  
  
• Accreditation Evidence – A copy of the current accreditation certificate or letter from a recognized accrediting agency. This document should clearly show the accreditor’s name (approved by U.S. Dept. of Education), the status (e.g. “Accredited”), and the effective dates of accreditation.
  
  
• Affiliation Agreement (if not accredited) – If the institution is not independently accredited, include a signed agreement with an accredited postsecondary institution. The agreement must outline that the accredited institution will grant academic credit and degrees/certificates to your students and maintain their transcripts. Include any addenda or documentation necessary to demonstrate this relationship is active and covers all programs you intend to offer.
  
  
• List of Locations (Attachment A) – If operating at multiple physical sites in South Dakota, attach the supplementary list of all in-state locations with their addresses, as required by the application.
  
  
• Parent or Governing Body Information – If applicable, details on any parent organization or state agency (for out-of-state public institutions). Provide the name, address, and contact information of the parent entity or home state oversight agency.
  
  
• Cease Operations Disclosure – Documentation relating to any previous “cease and desist” or closure orders (if you answered “Yes” to that question). Include copies of relevant orders or letters and a brief explanation of the resolution (e.g., “Order lifted on X date after compliance achieved”). This helps reassure the reviewers that any past issues are resolved.
  
  
• Application Fee Payment – A check or money order for $500 payable to “Secretary of State.” (Make sure the payor and institution name are indicated so it can be matched to your application if sent separately.) Do not send cash by mail.
  
  
• Cover Letter (optional) – While not required, it can be helpful to include a short cover letter on institutional letterhead stating that you are applying for authorization, listing the enclosed documents, and providing a primary contact name/phone/email. This can facilitate communication.
  
  

Before sending your application, double-check that all of the above are included. An incomplete application will delay approval. This checklist is based on statutory requirements; the Secretary of State’s office may request additional information in specific cases, but generally the items above are what you must submit to obtain the authorization.

Fees & Timelines (Degree-Granting)
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Vocational and Career Schools

(Non-degree postsecondary schools offering occupational, trade, technical, or career training programs.)

Process

Private postsecondary institutions in South Dakota that do not grant academic degrees (often referred to as proprietary schools, trade schools, or career schools) are subject to the same state authorization requirements if they have a physical presence in South Dakota. These include for-profit vocational schools, technical training institutes, and similar entities offering diplomas or certificates rather than college degrees. Such schools must obtain a Certificate of Authorization from the Secretary of State unless they fall under an exemption. The approval process for vocational/career institutions closely mirrors that for degree-granting institutions:

• Confirm Need for Authorization — Determine if the career school is required to be licensed or if it is exempt. Even non-degree schools are covered by SDCL 13-48 if they offer postsecondary instruction at a physical location in South Dakota. Check the State Exemptions list – for instance, cosmetology schools are exempt because they are regulated by the Cosmetology Commission, and purely online training providers with no physical site in SD are not subject to this law. If your school’s programs are under another state agency’s jurisdiction (e.g., a commercial driver’s license training program might be overseen by another authority for curriculum standards), verify whether that constitutes an exemption. In general, if the school has a training facility or classroom in South Dakota and isn’t specifically exempted, it must obtain the Secretary of State authorization before advertising or enrolling students.
  
  
• Organize the Business Entity — Ensure the vocational school is properly set up as a legal entity in South Dakota (or authorized to do business in SD if based elsewhere). Most career schools operate as private businesses (either for-profit corporations/LLCs or nonprofits). You should register the business with the SD Secretary of State (Business Services) and obtain a South Dakota Business ID. This legal step should precede the license application. If the school is part of an out-of-state company, register as a foreign entity in SD. The state will not issue an authorization if the entity isn’t recognized to legally operate in the state. Having your corporate paperwork in order is essential.
  
  
• Accreditation or Partner Institution — Just like degree schools, private vocational institutions in South Dakota must be accredited or affiliated with an accredited institution to be authorized. This requirement applies to all postsecondary institutions by law, regardless of the level of programs offered. Many vocational schools pursue national accreditation relevant to their field (for example, accreditation by agencies like ACCSC or ACCET which are recognized by the U.S. Dept. of Education). If your career school already holds such accreditation, you will include proof of it. If not, you will need to form an affiliation agreement with an accredited institution. In practice, some small career schools partner with a larger accredited college or another accredited career institution that agrees to issue the completion credentials and keep student records. This can be a hurdle for new proprietary schools, so it should be addressed early: either begin the process of obtaining accreditation or secure a partnership, because without one of these, the state will not authorize the school.
  
  
• Complete the Application Form — Fill out the Application for Certificate of Authorization to Provide Postsecondary Education, the same form used for any postsecondary institution. Indicate the name of the school and its physical training location in South Dakota. If the school has multiple branch locations in the state (e.g., a main campus and a satellite classroom), list them on Attachment A. Provide the contact person’s info and details about the ownership or parent company if any. Most vocational schools will check “No” to being an instrumentality of the state (since they are private) and then indicate they are “legally established to operate as a business entity” by providing their SD business ID and name. Attach accreditation documentation or the affiliation agreement as required. Also, disclose any instances of the school (or its owners) being ordered to cease operations in the past (for example, if the school had a license issue in another state). The form and required attachments for a career school are essentially the same as for a college – the difference is mainly in the nature of the accreditor or partner (it could be a national career school accreditor or a partnership with, say, an accredited community college).
  
  
• Submit Application & $500 Fee — Submit the completed application to the Secretary of State’s office along with the $500 filing fee. The submission process is identical: you can mail or deliver the form, and payment should be by check or money order to “Secretary of State.” Ensure everything is included in one packet. Just as with degree institutions, if a vocational school does not have a physical presence (e.g., purely online), the Secretary of State will not process the application; the presence triggers the need. So a brick-and-mortar cosmetology school wouldn’t apply (exempt by law), but a truck driving school with a training lot in SD would apply and need to meet the requirements. Double-check that your application is signed by the owner or authorized director of the school.
  
  
• Review by Secretary of State — The Secretary of State’s office will review the vocational school’s application for completeness and adherence to the law. Review & Evaluation for a non-degree school focuses on the same points: legal status, accreditation/affiliation, and fee payment. The reviewers will confirm that the accrediting agency (if provided) is recognized by the U.S. Department of Education. For example, if you submitted accreditation from a national career school accreditor, the office will verify that agency is on the recognized list. If an affiliation agreement is provided instead, they’ll ensure it’s with a properly accredited institution and that it covers awarding certificates or diplomas to your students. Since the content of programs (e.g., the specifics of the vocational curriculum) is not evaluated by the SOS, there typically won’t be subject-matter review. However, be mindful that if your field has a state licensing board (for example, an electrical trade program might need state Electrical Commission curriculum approval separately), you should satisfy those requirements independently – the SOS authorization is institution-focused. The Secretary of State’s review for vocational schools is usually straightforward, as many such schools either have accreditation or are part of larger systems. If the office has questions (perhaps about the nature of your programs or accreditation), they will reach out. Be prepared to clarify what credential your school awards and how the affiliation (if any) works to grant that credential.
  
  
• Approval & Certificate Issuance — If everything is in order, the Secretary of State will issue the Certificate of Authorization to the vocational institution, allowing it to operate in South Dakota. This certificate covers the school’s authority to offer its non-degree programs (diplomas, certificates, etc.) at the specified locations. Like all authorizations, it will expire the following July 1 and require renewal annually. The newly authorized school will be listed alongside colleges on the state’s authorized institutions registry. At this point, the school can legally advertise its programs, recruit students, and conduct training at its SD site. Licensure Decision for career schools is based on the same criteria – there is no extra step or different standard for non-degree versus degree institutions in terms of state approval. The timeline to get approved should be comparable (a few weeks if no issues). Once licensed, the school must adhere to ongoing requirements and renewals to maintain that status.

Application

The application process for vocational and career schools uses the same standard form and procedure described earlier. There is not a separate application form for proprietary schools; you will use the SDCL 13-48 postsecondary authorization application. In completing it, the content will reflect your type of institution:

Be clear in the “Name of Applicant” that your institution is a school or institute offering specific career training. Sometimes vocational schools operate under a parent company name that differs from the school’s brand name – it’s a good idea to list the official business name and then, if different, the “doing business as” (DBA) name of the school. For instance, your corporation might be “XYZ Training, LLC” but you operate as “XYZ Technical Institute.” Include both if applicable, to avoid confusion.

When providing the Physical South Dakota Address, list the main training facility. If your training involves mobile sites or on-site training at various employer locations, you should still list a principal office or base location in South Dakota that qualifies as your in-state presence. Attachment A can list any additional fixed class sites.

For accreditation information, vocational schools might have accreditation from a national accreditor (like Council on Occupational Education, ACCSC, etc.). Attach proof of that. If you are in candidate status for accreditation but not yet accredited, that does not count – you would need an affiliation agreement until you obtain full accreditation. If you choose the affiliation route, make sure the agreement explicitly states that the accredited partner takes responsibility for credential issuance and transcripts. The state will look for those terms.

The rest of the application (contact person, parent organization, etc.) should be filled similarly to any institution. Many career schools are smaller operations; you might have the owner or director as the contact person. Provide a reliable email and phone since the state may use that for any follow-up questions.

Don’t forget the $500 fee when submitting the application. The Secretary of State’s office treats a vocational school’s application the same as any college’s application – missing fees or documents will cause delays. There’s no difference in cost or paperwork volume due to the institution being non-degree.

If you have questions during the application preparation, you can contact the Secretary of State’s General Services or Post-Secondary Education division (they can clarify requirements like the accreditation rule, since that one can be a sticking point for new career schools). It’s better to clarify beforehand than to submit something incomplete.

Fees Payment

Initial Application Fee: Vocational and career institutions must pay the same $500 initial filing fee at the time of application. There is no reduced fee for non-degree schools; the fee structure is uniform for all private postsecondary institutions. Ensure the payment (check or money order to “Secretary of State”) is attached. Like all applications, this fee is not refundable if, for example, the application is denied or withdrawn.

The fee covers the initial review and, if approved, the issuance of the certificate valid up to the next July 1. Even if your school operates only short programs or you apply late in a cycle, the full fee applies. Plan your budget accordingly – $500 for initial authorization and then $250 each year to renew, as long as you operate.

Other Costs: South Dakota does not require a surety bond or separate student protection fee as part of this authorization (some states do for proprietary schools, but SD’s law does not). That said, some vocational fields might mandate a bond through their licensing boards (for instance, certain trade schools might have bonding under separate regulations), but those are not part of the Secretary of State’s process. The $500 is the only fee to the SOS to get started.

Make sure to send the fee with the exact amount and correct payee; otherwise, the office cannot process it. If you are emailing your application, coordinate how to get the check to them (they might instruct you to mail the check separately with a cover note referencing your emailed application).

Keep track of these fees year to year; they are a cost of maintaining your authorization to operate. Include them in your financial planning for the school.

Review & Evaluation

The review process for a vocational school’s application in the Secretary of State’s office will check identical points:

• Eligibility Criteria: Does the institution exist legally (incorporated/authorized) and does it have a South Dakota location? Is it either accredited or properly affiliated? Career schools often raise the affiliation question if not accredited – the reviewers will pay close attention that an unaccredited school indeed supplied a valid affiliation agreement. If an applicant tries to argue that accreditation is not necessary for a short-term training school, the state will still insist on the statutory requirement. There’s no exception in SDCL 13-48 for “small trade school” – all must comply.
  
  
• Document Verification: The staff may verify the accreditation through the accreditor’s directory or website to ensure the status is current and in good standing. If an affiliation agreement is provided, they might contact the accredited partner institution or ask for additional proof that the agreement is active (such as a cover letter from the partner). This is to prevent any scenario where a school claims a partnership that isn’t robust or is outdated.
  
  
• Compliance History: If the owners of the school or the school itself had licensure issues in other states (say a school license was revoked elsewhere), the SOS office will weigh that information. South Dakota wants to welcome legitimate career training providers, but also guard against fraudulent operators. Be honest in disclosures; one state’s revocation doesn’t automatically kill your SD application, but hiding it would be far worse.
  
  
• No Academic Evaluation: The Secretary of State’s team will not assess the curriculum quality, instructor qualifications, or facilities as part of this authorization. For vocational institutions, those quality checks might come from elsewhere (accreditors or state program boards). The state’s authorization review is focused on protecting students via accreditation and legal oversight rather than duplicating educational evaluation. Thus, if your paperwork is in line, you can expect a straightforward approval.
  
  

During the review, maintain communication. If the SOS office emails or calls for clarification, respond quickly. For instance, they might ask, “Please confirm who will grant the certificates to graduates – your institution or the accredited partner?” Make sure to give a clear answer aligned with your submitted documents.

Additional Review

There is no additional state board approval needed beyond the Secretary of State for vocational schools. As with degree institutions, South Dakota does not have a separate proprietary school commission – the Secretary of State is the sole licensing authority for private postsecondary career schools in the state. Once your authorization is granted, no other state education agency will routinely intervene in institutional oversight.

That said, consider the following parallel considerations for vocational schools:

• Other Agency Jurisdiction: If your school’s field is overseen by a specialized state board, your school might actually be exempt from the SOS process or have dual oversight. For example, cosmetology schools are specifically exempt from the SOS authorization because the South Dakota Cosmetology Commission regulates them (including licensing instructors and curriculum standards in that field). Similarly, certain trucking programs might coordinate with the Department of Public Safety or other regulators for CDL training standards, though they are not listed as exemptions. Always check if your school needs separate approval from a board like the Electrical Commission, Plumbing Commission, Health Department (if you train CNAs or medical technicians), etc. Such approvals are in addition to the SOS license if not exempt. In those cases, you must comply with both: get the SOS certificate to operate the school and meet the programmatic board’s requirements.
  
  
• Consumer Protection & Complaints: The Attorney General’s Division of Consumer Protection is equally a backstop for vocational students as for college students. If a trade school has issues like failing to deliver promised training or not refunding according to policy, students can complain to the AG’s office. The AG can investigate and enforce actions under SDCL 13-48-40. Proprietary schools should have clear enrollment agreements and honor their terms to avoid such complaints. There is no surety bond via the state to cover refunds, so maintaining trust is critical. The possibility of AG enforcement is effectively the “additional review” that kicks in if problems arise post-licensure.
  
  
• Accreditor Oversight: If accredited, your accrediting agency will periodically review your school. While this isn’t a state process, it acts as an ongoing quality check. Any negative actions by an accreditor (probation, show-cause, etc.) should be taken seriously, as loss of accreditation would directly affect your state authorization.
  
  

In summary, beyond the Secretary of State’s authorization, vocational schools operate under the general consumer protection umbrella and any relevant industry-specific regulations. There is no extra state educational board approval to worry about. Ensure compliance in all areas to retain a smooth operation.

Licensure Decision

For vocational and career institutions, the issuance of the Certificate of Authorization by the Secretary of State constitutes the licensure decision and green light to operate. The certificate for a career school has the same conditions as any other: it will list the institution name and indicate authorization under SDCL 13-48 to provide postsecondary education (which includes non-degree programs). It does not enumerate programs, so you don’t need separate approval per program – once authorized, you can offer the various courses/training programs you advertised in your application, as long as they fall under the scope of what you described.

The timeline and term of the license are the same (expiring July 1 next). Vocational schools should be particularly mindful of this if they run cohort-based trainings. For example, if you get authorized in late spring and your license expires July 1, you must renew by July 1 to continue your summer classes legally. The state’s expiration date doesn’t necessarily align with an academic calendar, so plan renewals around the fixed date.

When the certificate is issued, the career school is officially recognized. The Secretary of State’s public list will include the school, which can be a reassurance to students that the school is vetted for basic compliance. You might consider framing the certificate at your main office; while not mandatory, displaying state authorization can be a marketing point for trust.

If, for any reason, the Secretary of State’s office were to deny the application (again, rare if requirements are met), the school would not be able to operate. The school could attempt to fix the issues and reapply. In the vocational context, a denial could happen if, say, the school refuses to get an accreditor or affiliate – since that’s non-negotiable, an application without it can’t be approved. But assuming cooperation, most career school applications that meet the letter of the law will be approved without incident.

As with all, the license is conditional on maintaining standards. The Secretary of State can effectively revoke or not renew if an institution fails to meet the criteria later (for example, if accreditation is lost and no affiliate is put in place, the next renewal would be refused). There’s no separate “probation” status in the law – it’s either authorized (current certificate) or not. Therefore, owners of career schools should be proactive in correcting any issues that might jeopardize their status before the renewal comes up.

Continuous Compliance

After receiving state authorization, a vocational school must abide by ongoing requirements to remain in good standing:

• Keep Accreditation or Affiliation Active: This is paramount. If your school is accredited, you must maintain that accredited status. Renew accreditation as required, submit reports on time, and address accreditor concerns. If your school is not accredited and relies on an affiliation, maintain a healthy relationship with your partner institution. Update or renew the agreement if expiration dates are set, and ensure no lapse. If the partner institution decides to terminate the agreement, you must find another accredited partner quickly or pause operations, because without either accreditation or affiliation, you cannot legally continue to operate under SDCL 13-48. It might be wise for growing career schools to seek their own accreditation eventually, which could give more independence and stability.
  
  
• File Amendments for Changes: As with any institution, report any changes in the school’s name or location within 30 days to the Secretary of State. Vocational schools sometimes rebrand or move to larger facilities – when doing so, send in an amendment application. It’s a simple step that keeps your license valid. If you expand to a new branch campus in SD, you should also inform the SOS (even if it’s covered by your existing certificate, they need it on record). Additionally, if your ownership changes (say the school is sold to a new owner or company), that new entity must also be properly registered and would need to update the Secretary of State, since the authorization isn’t automatically transferable to a completely new corporate entity without notification.
  
  
• Annual Renewal: The yearly renewal by July 1 applies to vocational schools identically. Mark the deadline and prepare the renewal form and $250 fee each year. Even if your school operates year-round or on rolling admissions, the state renewal must be done by mid-summer. During renewal, confirm that all info on file is still correct. If, for example, you gained accreditation during the past year whereas you previously operated under an affiliate, update that in your renewal (and attach your new accreditation proof). Staying proactive with renewals will prevent any interruption in your ability to enroll students.
  
  
• Adhere to Education Standards (Externally): While the state license does not impose educational standards, you should follow any standards set by accreditors or industry bodies. For instance, if you’re a truck driving school, follow FMCSA guidelines; if a coding bootcamp, ensure you deliver what you advertise. Misleading practices could lead to consumer protection complaints. The state authorization expects you to operate ethically and within the bounds of your representations.
  
  
• Handling Complaints and Refunds: A critical aspect of compliance is treating students fairly. Have a clear grievance procedure for students and try to resolve issues internally. South Dakota requires that if students have a complaint that can’t be resolved, they are directed to the Division of Consumer Protection (this is often stated in school catalogs as per SDCL 13-48-40 requirements). Make sure your catalogs or enrollment agreements include contact info for the Consumer Protection office for compliance. If the AG’s office contacts you about a complaint, respond promptly and cooperate to resolve it. A pattern of unresolved complaints could jeopardize your authorization.
  
  
• No Unapproved Operations: Do not operate outside the scope of what’s been authorized. For example, if you are authorized for a campus in Sioux Falls, you shouldn’t quietly start offering classes in Rapid City without amending your authorization. Each physical presence must be accounted for. Also, do not offer degree programs if you’re only authorized as a non-degree school; adding a degree program would elevate you to a degree-granting institution category, which might require additional scrutiny or different accreditation. Essentially, stick to the mission and programs you have presented.
  
  

Continuous compliance for proprietary schools is fundamentally about maintaining the criteria that got you authorized and being transparent with the state about changes. If you do that, annual renewals should be routine and your school can operate indefinitely in South Dakota, building its reputation and student base.

Renewal

Renewing a vocational school’s authorization annually is the same procedure as described for degree institutions:

• Timing: Every authorization expires July 1. Submit the renewal application and $250 fee well before that date each year. For a career school, the renewal form will ask you to reaffirm your accreditation status (or that your affiliation agreement remains in effect), and that you continue to meet SDCL 13-48 requirements.
  
  
• Verification: The Secretary of State’s office may require updated proof of accreditation each year for their files. If your accreditor issues an annual verification or if your accreditation has an expiration, include an updated copy. If under an affiliation, you might include a brief letter from the partner school stating the partnership is ongoing, especially if the original agreement had a term that is nearing expiration. This preempts any concerns on the reviewer’s part about whether you still qualify.
  
  
• Fee Payment: Pay the $250 via check to the Secretary of State. This keeps your license active through the next year. Note that $250 is significantly less than the initial application fee – the state has chosen to keep renewal costs modest, but the tradeoff is the fixed July 1 cycle (meaning even if you were approved in May, you still owe $250 by July 1). Budget accordingly so this fee is always ready to go.
  
  
• Late Renewal/Reinstatement: If a vocational school misses the renewal deadline, it falls into the same expired status. The school must cease new enrollments and operations until it can be reinstated. To reinstate, the school files essentially the same renewal form (if not already submitted) and a $250 reinstatement fee. Assuming the school still meets all criteria, the Secretary of State can reinstate the authorization. The gap, however, could be problematic for business, so it’s best not to let this happen. Unlike some licensing boards, there’s no stated grace period or late fee schedule – July 1 is a hard cutoff in the law. In practice, if your renewal arrives shortly after July 1, the SOS might still process it as a renewal (with the fee) without making you formally reinstate, but this is not guaranteed. It’s safer to be on time.
  
  
• Review of Continuing Eligibility: During renewal, if the Secretary of State finds that the school no longer meets a requirement (for example, the accreditor lost its federal recognition, or the school had its accreditation suspended), they may not renew the authorization. In such a case, the authorization could expire. The school would then have to rectify the issue (maybe find a new accreditor or affiliate) and then apply for reinstatement. Essentially, renewal is the checkpoint each year ensuring the school still qualifies.
  
  

Renewal ensures that vocational schools remain accountable on a regular basis. Keep a compliance calendar, possibly aligning it with other periodic obligations (like corporate annual reports, etc.) so that the state authorization renewal isn’t overlooked.

Checklist of Required Items

For vocational/career school authorization, prepare these items for a smooth application process:

• Completed Authorization Application – Filled out in full, with the institution name (including any DBA), addresses, contact person, and all relevant boxes checked. Signed by the school’s owner or director.
  
  
• Business Entity Proof – Ensure you have on hand your South Dakota business registration details (Business ID, incorporation certificate or foreign business certificate). While you might not need to submit the certificate of incorporation itself, the application requires the Business ID and exact legal name, which serve as proof that you are “legally established” in SD.
  
  
• Accreditation Certificate (if accredited) – A copy of the certificate or letter from your accreditor. For national accreditors, often a letter confirming accreditation status is acceptable. Make sure it’s current and not expired. If accreditation is candidate or provisional, note that this does not count – you’d then need an affiliation to apply.
  
  
• Affiliation Agreement (if not independently accredited) – A formal agreement signed by both your institution and an accredited partner institution. It should outline responsibilities such as the partner awarding the educational credential (certificate/diploma) for graduates and maintaining student academic records. Include any evidence that the partner is accredited (like the partner’s accreditation letter) and that the agreement is active (cover letter or signed date). Essentially, this agreement is your lifeline to meeting the state’s academic standards requirement.
  
  
• Supplementary Location List – If your school will teach at more than one site, list all locations on the Attachment A form. Provide exact addresses for each training site.
  
  
• Ownership/Parent Details – If your school is owned by a larger company or has a parent organization, note that in the application and be prepared to provide information on that entity (name, address). If the school is franchised or part of a national chain, mentioning that context can help the state understand your structure.
  
  
• Disclosure Explanations – If you answered “Yes” to having been ordered to cease operations or similar regulatory actions, attach a brief explanation and documentation. For example, “Our school was temporarily closed in XYZ state in 2020 due to licensing issues, but we resolved the deficiencies and the license was reinstated – see attached reinstatement letter.” Transparency here will help avert concerns.
  
  
• Application Fee – $500 payment to Secretary of State (check or money order). Make sure the payment is included or sent simultaneously with the application.
  
  
• School Catalog or Brochure (optional) – Not required by the SOS, but sometimes providing a copy of your school’s catalog or program brochure can be helpful background for the reviewer. It can demonstrate the nature of your programs and that you have proper student policies. This isn’t listed as required, but offering it can’t hurt and might answer questions before they arise.
  
  
• Contact Info – Double-check the contact person’s email and phone number on the application. The person should be someone knowledgeable about the application and able to respond if the state reaches out. If that person is going to be away, include an alternate contact. This isn’t a physical “item” to attach, but it’s part of ensuring your application can be processed without delay.
  
  

Before submission, review this checklist and the completed application twice. It is much easier to address any missing elements ahead of time than after the state receives it. A thorough initial submission will lead to a quicker approval.

Fees & Timelines (Vocational Schools)
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The above table summarizes the financial and timing aspects of obtaining and keeping your authorization. In short, the costs are straightforward and the timeline is manageable as long as deadlines are observed.

State Exemptions

Under South Dakota law (SDCL 13-48-41), certain types of postsecondary institutions are exempt from the requirement to obtain a Certificate of Authorization from the Secretary of State. If an institution falls entirely within one of these categories, it does not need to go through the above licensure process:

• United States Government Institutions: Schools or training programs established by the federal government. (Examples might include federal service academies or training centers operated by a U.S. government agency within South Dakota.)
  
  
• Tribal Government Institutions: Postsecondary institutions established by the government of an Indian tribe, where the tribe’s lands are located in whole or in part in South Dakota. (These are sovereign tribal colleges or education programs run by tribes on their reservations.)
  
  
• Religious Institutions (Religious Degrees Only): Schools owned, controlled, and operated by a religious organization that is lawfully operating as a nonprofit religious corporation, awarding only religious degrees or certificates. This exemption is strictly for institutions whose degrees are for the purpose of conferring religious status or authority (for example, a seminary that grants theology degrees to clergy). If secular degrees or non-religious programs are offered, this exemption would not apply.
  
  
• Cosmetology Schools: Postsecondary institutions that are subject to the jurisdiction of the South Dakota Cosmetology Commission. (In South Dakota, cosmetology and related beauty/barbering schools are licensed and regulated by the Cosmetology Commission, so they are carved out from the SOS authorization requirement to avoid dual oversight.)
  
  

If your institution meets one of the above exemption criteria, it does not need to file for authorization with the Secretary of State. In fact, the Secretary of State’s office will not process applications for exempt institutions (and they do not issue formal “exemption letters” – it’s simply the law that no SOS license is needed). It is wise to maintain documentation as to why you believe an exemption applies (for instance, your charter as a religious college, or a letter from the Cosmetology Commission if you’re a cosmetology school), in case there is ever a question.

Institutions that are exempt may have other oversight: e.g., a tribal college might be accredited by a normal accreditor but they don’t need state authorization; a cosmetology school must be licensed by the Cosmetology Commission instead. Exemption just means no Secretary of State certificate is required.

Finally, note that operating online only (distance education with no physical location in SD) effectively places an institution outside the scope of SDCL 13-48 (no physical presence means no authorization required). Some refer to this as an additional “exemption,” though it’s technically just not meeting the definition of needing authorization. Schools in that category often participate in SARA or abide by consumer protection laws but do not need to go through the state’s approval process described in this guide. If in doubt about your status, consult the Secretary of State’s office – they can confirm whether you need to apply or not based on your situation.

For personalized guidance on navigating the authorization process for your private post secondary institution in South Dakota, reach out to Expert Education Consultants (EEC) at +19252089037 or email sandra@experteduconsult.com