BOARD OF REGENTS

MINUTES OF THE MEETING December 4-6, 2018

The South Dakota Board of Regents met on December 4-6 at Northern State University in Aberdeen, South Dakota, with the following members present: Kevin Schieffer, President John Bastian, Vice President

Jim Morgan, Secretary Lucas Lund, Regent David Mickelson, Regent Pam Roberts, Regent Randy Schaefer, Regent Jim Thares, Regent Joan Wink, Regent

Also present during all or part of the meeting were Dr. Paul B. Beran, Board of Regents Executive Director and CEO; Nathan Lukkes, Board of Regents General Counsel; Paul Turman, System Vice President for Academic Affairs; Michele Anderson, Internal Auditor; Kayla Bastian, Director of Human Resources; Monte Kramer, System Vice President of Finance &Administration; Dave Hansen, System Chief Information Officer; Janelle Toman, Director of Communications; Leah Ahartz, Budget Manager; Molly Weisgram; Executive Assistant to the CEO and Board; Barry Dunn, SDSU President; José-Marie Griffiths, DSU President; Tom Jackson Jr., BHSU President; Jim Rankin, SDSM&T President; Tim Downs, NSU President; Sheila Gestring, USD President; Nathan Hermen, Ivy Oeltjenbuns, Jacob Williams, DSU; Josh Hagen, Joelle Lien, Veronica Paulson, Shaeyne Shang, Bingqian Bai, Xuemin Zhang, Shiying Cai, Xiaoyne Zheng, Jia Li Zan, Shupeng Liu, Jiachun Rng, Zuchen Wang, Lei Cheng, Yanvu Lian, Shiuo Zang, Kaixin Qu, Unem Fang, Yanteng Guo, NSU; Jerilyn Roberts, Heather Forney, SDSM&T; Dean Kattelmann, Tracy Greene, Michael Holbeck, Rob Kohrman, Michaela Willis, Dennis Hedge, Mary Kay Helling, Nick Lorang, Amanda Muller, Anna Milbauer, Kaithin Frank, Hannah Smith, Alexandra Farber, Jennifer Tonak, Mary Dybedahl, Erin Benson, Sameer Kesharam, Ryan Sailors, Cole McDougall, Allyson Monson, Dominick Weber, Jennifer Mueller, Megan Kellen, Carter Hunter, Spencer Thompson, Josh Longtin, Spencer Harwood, Dylan Johnson, Nick Alholinna, SDSU; Michael Card, Kurt Hackemer, Kim Grieve, Adam Rosheim, Josh Sorbe, Madison Green, USD; Claudean Hluchy, Sheila Hansen, SDSD/SDSBVI; Aberdeen community; ADD, American News; and other members of the Regental system and public and media.

TUESDAY, DECEMBER 4, 2018

BOARD WORK Regent Schieffer declared a quorum present and called the meeting to order at 5:25 p.m. 1-B Approval of the Agenda IT WAS MOVED by Regent Bastian, seconded by Regent Thares, to approve the agenda as published with one change, move agenda item 3-R(4) off the consent agenda and instead take it up during the Budget and Finance Committee agenda. Motion passed. Regent Schieffer noted that the Board will add a discussion on Board committee assignments as part of its executive session discussion. 1-C Declaration of Conflicts There were no declared conflicts. 1-D Approval of the Minutes – Meetings on October 2-4, 2018 IT WAS MOVED by Regent Roberts, seconded by Regent Schaefer, to approve the minutes of the meeting on October 2-4, 2018. Motion passed. 1-E Rolling Calendar

IT WAS MOVED by Regent Schaefer, seconded by Regent Mickelson, to approve the December 2019 Board of Regents’ meeting dates and location (December 10-12 in Vermillion) as well as the adjustments made to previously approved 2019 Board meeting dates and locations as shown on Attachment I of the agenda item. Motion passed. A copy of the Rolling Calendar can be found on pages _____ to ____ of the official minutes. IT WAS MOVED by Regent Morgan, seconded by Regent Mickelson, that the Board dissolve into executive session at 5:30 p.m. on Tuesday, December 4, 2018, to consult with legal counsel and discuss personnel matters, pending and prospective litigation, contractual matters, marketing or pricing strategies by a board of a business owned by the state when public discussion may be harmful to the competitive position of the business; that it rise from executive session at 8:00 p.m.; that it reconvene into executive session at 8:00 a.m. on Wednesday, December 5, 2018, to continue to discuss the earlier referenced matters; that it rise from executive session at 12:30 p.m. to resume the regular order of business; and that it report its deliberations while in executive session. Motion passed.

WEDNESDAY, DECEMBER 5, 2018 The Board reconvened at 1:07 p.m. CONSENT AGENDA IT WAS MOVED by Regent Bastian, seconded by Regent Morgan, to approve consent agenda items 3-A through 3-U, with the exception of 3-R(4) which will be taken up during the Budget and Finance Committee portion of the agenda. Motion passed. Regents Schieffer and Bastian recognized the importance of agenda item 3-S NSU Naming Request – Harvey C. Jewett IV Regional Science Education Center and asked President Downs to provide comment. President Downs said agenda item 3-S recognizes Former Regent Jewett’s dedication to public higher education. He noted that it is very fitting that this facility be named for Former Regent Jewett as he was devoted to making sure that the facility became a reality. He recognized the building as a gateway to the NSU campus. 3-A Graduation Lists Approve the Fall 2018 graduation lists for BHSU, DSU, NSU, SDSM&T, SDSU, and USD contingent upon the students’ completion of all degree requirements. A copy of the Fall 2018 Graduates Lists can be found on pages _____ to ____ of the official minutes. 3-B (1) Agreements on Academic Cooperation – Northern State University Approve the agreements on academic cooperation between Northern State University and 1) JAMK University of Applied Sciences, and 2) Shanghai University. A copy of NSU’s Agreements on Academic Cooperation can be found on pages _____ to ____ of the official minutes. 3-B (2) Agreements on Academic Cooperation – University of South Dakota Approve the agreement on academic cooperation between the University of South Dakota and Yangtze University. A copy of USD’s Agreements on Academic Cooperation can be found on pages _____ to ____ of the official minutes.

3-C Articulation Agreement – SDSU Approve the articulation agreement between the South Dakota State University and Minnesota State Community and Technical College, as presented. A copy of SDSU’s Articulation Agreement can be found on pages _____ to ____ of the official minutes. 3-D Revisions to Terminal Degrees Table – USD & SDSMT Approve the proposed revisions to AAC Guideline 6.2 Terminal Degrees Table as provided in Attachment I of the agenda item. A copy of the Revisions to Terminal Degrees Table – USD & SDSMT can be found on pages _____ to ____ of the official minutes. 3-E Request to Seek Accreditation – SDSMT & USD Approve 1) USD and SDSMT’s request to seek accreditation from the Accreditation Board for Engineering and Technology (ABET) for their Biomedical Engineering (USD) and Nanoscience and Nanoengineering (SDSMT) programs; and 2) USD’s request to seek accreditation from the Commission on Accreditation of Allied Health Education Programs for the Emergency Medical Services Professions for their BS in Health Sciences, Paramedic Specialization. A copy of SDSMT & USD’s Requests to Seek Accreditation can be found on pages _____ to ____ of the official minutes. 3-F Inactive Status and Program Termination Requests – BHSU & NSU Approve BHSU’s request to terminate their certificate in K-12 Science Education; and NSU’s request to terminate their Criminal Justice Specialization and Human Services Specialization within their BA in Sociology program. A copy of BHSU & NSU’s Inactive Status and Termination Requests can be found on pages _____ to ____ of the official minutes. 3-G Site Termination Request – USD Approve USD’s request to terminate the Capital University Center and Rapid City University Center delivery site locations for their Bachelor of General Studies degree program. A copy of USD’s Site Termination Request can be found on pages _____ to ____ of the official minutes.

3-H (1) New Certificate Requests – BHSU – International Studies (Undergrad) Authorize BHSU to offer an undergraduate certificate in International Studies as presented. A copy of BHSU’s New Certificate Request can be found on pages _____ to ____ of the official minutes. 3-H (2) New Certificate Requests – DSU – Healthcare Data Analytics (Graduate) Authorize DSU to offer a graduate certificate in Healthcare Data Analytics, including online delivery, as presented. A copy of DSU’s New Certificate Request can be found on pages _____ to ____ of the official minutes. 3-H (3) New Certificate Requests – SDSU – Psychiatric Mental Health Nurse Practitioner (Post-Graduate) Authorize SDSU to offer the certificate Post-Graduate Psychiatric Mental Health Nurse Practitioner, including online delivery, as presented. A copy of SDSU’s New Certificate Request can be found on pages _____ to ____ of the official minutes. 3-H (4) New Certificate Requests – USD – Tourism & Hospitality Marketing (Undergrad) Authorize USD to offer an undergraduate certificate Tourism and Hospitality Marketing as presented. A copy of USD’s New Certificate Request can be found on pages _____ to ____ of the official minutes. 3-H (5) New Certificate Requests – USD – Health & Culture (Undergrad) Authorize USD to offer an undergraduate certificate in Health and Culture as presented. A copy of USD’s New Certificate Request can be found on pages _____ to ____ of the official minutes. 3-I New Specialization Request – USD – Accounting Analytics (Master of Professional Accountancy) Authorize USD to offer the specialization in Accounting Analytics within the Master of Public Accountancy (MPA) program, including online delivery, as presented.

A copy of USD’s New Specialization Request can be found on pages _____ to ____ of the official minutes. 3-J (1) New Site Requests – SDSU – Geographic Information Sciences Certificate (Online & UC-SF) Authorize SDSU to offer the certificate in Geographic Information Sciences at the University Center – Sioux Falls and online. A copy of SDSU’s New Site Request can be found on pages _____ to ____ of the official minutes. 3-J (2) New Site Requests – SDSU – Geographic Information Sciences Minor (Online) Authorize SDSU to offer the minor in Geographic Information Sciences online. A copy of SDSU’s New Site Request can be found on pages _____ to ____ of the official minutes. 3-K (1) Joint Powers Agreement – Digital Forensics Center Joint Powers Agreement – DSU & AG’s Office Approve the Joint Powers Agreement set forth in Attachment I of the agenda item. A copy of the Digital Forensics Center Joint Powers Agreement – DSU & AG’s Office can be found on pages _____ to ____ of the official minutes. 3-K (2) Joint Powers Agreement – SDLTAP Joint Powers Agreement – SDSU & SD Department of Transportation Approve the Joint Powers Agreement set forth in Attachment I of the agenda item. A copy of the SDLTAP Joint Powers Agreement – SDSU & SD Department of Transportation can be found on pages _____ to ____ of the official minutes. 3-L Academic Calendars – Clerical Update Approve the revision to the 2019-20 to 2026-27 Academic Calendars as presented. A copy of the Academic Calendars can be found on pages _____ to ____ of the official minutes. 3-M Program Modification – Accelerated Program Request – USD Approve the program modification request to allow for USD’s MS in Sustainability to be offered as an accelerated program as described in Attachment I of the agenda item. A copy of the USD’s Program Modification for an Accelerated Program Request can be found on pages _____ to ____ of the official minutes.

3-N M&R Projects Approve the NSU, SDSU and USD maintenance and repair projects as described in this agenda item. A copy of the M&R Projects can be found on pages _____ to ____ of the official minutes. 3-O FY20 HEFF M&R Projects Approve the FY20 HEFF M&R projects as presented in Attachment II of the agenda item. A copy of the FY20 HEFF M&R Projects can be found on pages _____ to ____ of the official minutes. 3-P FY20 Auxiliary System M&R Projects Approve the FY20 Auxiliary System M&R projects as presented in Attachment I of the agenda item. A copy of the FY20 Auxiliary System M&R Projects can be found on pages _____ to ____ of the official minutes. 3-Q FY20 AES M&R Projects Approve the AES M&R projects for FY20 as requested. A copy of the FY20 AES M&R Projects can be found on pages _____ to ____ of the official minutes. 3-R (1) BOR Policy Revisions – BOR Policy 5:8 – Acceptance of Gifts (First and Final Reading) (1) Waive the two-reading requirement of By-Laws Section 5.5.1, and (2) approve the first and final reading of BOR Policy 5:8 – Acceptance of Gifts as shown in Attachment I of the agenda item. A copy of BOR Policy Revisions – BOR Policy 5:8 – Acceptance of Gifts (First and Final Reading) can be found on pages _____ to ____ of the official minutes. 3-R (2) BOR Policy Revisions – BOR Policy 6:4 – Capital Improvements (First and Final Reading) (1) Waive the two-reading requirement of By-Laws Section 5.5.1, and (2) approve the first and final reading of BOR Policy 6:4 – Capital Improvements as shown in Attachment I of the agenda item.

A copy of BOR Policy Revisions – BOR Policy 6:4 – Capital Improvements (First and Final Reading) can be found on pages _____ to ____ of the official minutes. 3-R (3) BOR Policy Revisions – BOR Policy 6:10 – Legislative Authorization of Private or Grant Funded Facilities (First and Final Reading) (1) Waive the two-reading requirement of By-Laws Section 5.5.1, and (2) approve the first and final reading of BOR Policy 6:10 – Legislative Authorization of Private or Grant Funded Facilities as shown in Attachment I of the agenda item. A copy of BOR Policy Revisions – BOR Policy 6:10 – Legislative Authorization of Private or Grant Funded Facilities (First and Final Reading) can be found on pages _____ to ____ of the official minutes. 3-R (4) BOR Policy Revisions – BOR Policy 7:2 – IT Security Policy for Employees Leaving the BOR System (First and Final Reading) <<Moved to the Budget and Finance Committee Agenda>> 3-R (5) BOR Policy Revisions – BOR Policy 7:3 – Campus Alert System (First and Final Reading) (1) Waive the two-reading requirement of By-Laws Section 5.5.1, and (2) approve the first and final reading of BOR Policy 7:3 – Campus Alert System as shown in Attachment I of the agenda item. A copy of BOR Policy Revisions – BOR Policy 7:3 – Campus Alert System (First and Final Reading) can be found on pages _____ to ____ of the official minutes. 3-R (6) BOR Policy Revisions – BOR Policy 7:6 – Technology Purchases (First and Final Reading) (1) Waive the two-reading requirement of By-Laws Section 5.5.1, and (2) approve the first and final reading of BOR Policy 7:6 – Technology Purchases as shown in Attachment I of the agenda item. A copy of BOR Policy Revisions – BOR Policy 7:6 – Technology Purchases (First and Final Reading) can be found on pages _____ to ____ of the official minutes. 3-S NSU Naming Request – Harvey C. Jewett IV Regional Science Education Center Approve the request by Northern State University to name its new science building the “Harvey C. Jewett IV Regional Science Education Center.” A copy of the NSU Naming Request – Harvey C. Jewett IV Regional Science Education Center can be found on pages _____ to ____ of the official minutes.

3-T USD Inman House Lease Amendment Grant the Executive Director the authority to finalize and execute the amendment lease in substantially similar form to that set forth in Attachment II of the agenda item. A copy of the USD Inman House Lease Amendment can be found on pages _____ to ____ of the official minutes. 3-U Resolution of Recognition – Former Regent Bob Sutton Approve the resolution of recognition for Former Regent Bob Sutton to recognize his service to South Dakota’s system of public higher education. A copy of the Resolution of Recognition – Former Regent Bob Sutton can be found on pages _____ to ____ of the official minutes. PLANNING, GOVERNANCE, AND RESOURCE DEVELOPMENT 4-A Welcome and Presentation by NSU President Tim Downs NSU President Tim Downs welcomed the audience to NSU and provided campus updates as of Fall 2018. He shared information about student retention, the institution’s honors program, on-campus events, campus master plan, Johnson Fine Arts Center, Wolves Memorial Suites, Great Plains East and West, Regional Science Education Center, Athletic and Recreation Fields, partnership with the School for the Blind and Visually Impaired facility, and the on-campus Regional Sports Complex. He said the total investment in less than a decade in NSU and SDSBVI has been $120 million, all funded by private donors. 4-B Student Organization Awards – NSU Checka Leinwall, Associate Vice President for Student Affairs, presented the Student Organization Awards for NSU. The Award for Academic Excellence for 2017 was presented to Project Pengyou Northern State University Chapter. The Award for Community Service was presented to Council for Exceptional Children (CEC). The Award for Organization Leadership was presented to Chinese Students Association (CSA). A copy of the NSU Student Organization Awards can be found on pages ____to ____ of the official minutes. 4-C Reports on Individual Regent Activities Regent Schaefer congratulated President Griffiths on being selected by Senator Thune to serve as a member of the newly-formed National Security Commission on Artificial Intelligence. He said this is a prestigious appointment for both DSU and the state of South Dakota.

4-D Reports from Individual Presidents and Superintendents President Griffiths introduced Dr. Josh Pauli as the new Vice President for Research and Economic Development at DSU. 4-E Report and Actions of Executive Session After convening at 5:30 p.m. on Tuesday, December 4, 2018, the Board dissolved into executive session in order to consult with legal counsel and discuss personnel matters, pending and prospective litigation, contractual matters, and marketing or price strategies by a board of a business owned by the State when public discussion may be harmful to the competitive position of the business, before recessing at 8:00 p.m. The Board reconvened in Executive Session at 8:00 a.m., on Wednesday, December 5, 2018, to continue discussing the earlier referenced matters before rising from Executive Session at 12:30 p.m. to resume the regular order of business. Regent Morgan reported that while in Executive Session, the Board discussed the matters just described, which included certain recommended actions as set forth in the Secretary’s Report and other matters permitted by law. IT WAS MOVED by Regent Morgan, seconded by Regent Mickelson, that the Board approve the recommended actions as set forth in the Secretary’s Report and that it will publish said Report and official actions in the formal minutes of this meeting. Motion Passed. A copy of the Secretary’s Report can be found on pages ____ to ____ of the official minutes. 4-F Report of the Executive Director/Interim Actions Dr. Paul B. Beran, Board of Regents Executive Director and CEO, expressed his gratitude for the hospitality of Northern State University. He said he has greatly appreciated the support and warmth he has felt in South Dakota during his first three months of employment. He has appreciated the opportunity to work with the regents, presidents, and superintendent as well as to learn all about each Regental institution. He said the Council of Presidents and Superintendents has been incredibly supportive as he has brought ideas forward to evaluate efficiency, which is one of the main expectations of his employment. He shared ideas for possible gains in efficiencies, which dealt with standardizing processes in new and better ways so the system can have more resources to support its core mission of teaching and learning. He said in partnership with the Council of Presidents and Superintendents, the system will look into conducting an evaluation of space use that will provide benchmarks for how we use our facilities; it will evaluate a methodology to standardize grounds and maintenance services; and it will look at the right balance of administration, faculty, and staff, which can truly support a most efficient and effective system. Dr. Beran recognized and thanked Dr. Paul Turman, System Vice President of Academic Affairs, for his service, recognizing this as his last meeting before he moves to his next leadership position in Nebraska. He said Dr. Turman has been welcoming to him personally, and has been an exceptional resource for all of the Regental system for many years. He said it will be difficult to replace his position.

Last, he noted that the evening’s reception is set to honor outgoing Regent Bob Sutton who dedicated a lot of time and effort over the last several years to the Regental institutions. A copy of the Report of the Executive Director/Interim Actions can be found on pages ____ to ____ of the official minutes 4-G NSU Foundation Report Todd Jorde, President/CEO of NSU Foundation, provided information about the NSU Foundation. A copy of the NSU Foundation Report can be found on pages ____to ____ of the official minutes. 4-H 2019 Proposed Legislation Nathan Lukkes, Board of Regents General Counsel, provided an overview of the legislation that the Board of Regents is proposing, with Board authorization, for the upcoming legislative session in 2019. Regent Roberts asked if the Board office has spoken with the administration and budget office about the bond savings bill. In response, Dr. Monte Kramer, System Vice President of Finance and Administration, explained that he has had conversations with the current administration but not the incoming administration. He said although there is not strong opposition from the current administration, BFM Commissioner Liza Clark has indicated that she prefers it to remain the same as it is today. Regent Roberts said she appreciated that they had the conversation. Regent Schaefer asked if there was a maintenance and repair plan for the NSU Regional Sports Complex. Dr. Kramer said NSU plans to address maintenance and repair from operating proceeds, and that is what will be shown in the pro forma to be presented today. In summary, there will be no financial impact on the general fund nor the Higher Education Facility Fund (HEFF) for the new stadium. IT WAS MOVED by Regent Schaefer, seconded by Regent Thares, to authorize the Executive Director to (1) submit the proposed bills and make such modifications or amendments to the bills as are necessary and appropriate, provided such modifications or amendments do not change the fundamental purpose of the legislation, and (2) submit such additional legislation as may be necessary and appropriate, upon concurrence of a majority of the executive committee. Motion passed. A copy of the 2019 Proposed Legislation can be found on pages ____to ____ of the official minutes. 4-I USD Discovery District Lease Amendment Nathan Lukkes, Board of Regents General Counsel, explained that the Board of Regents entered into a Master Ground Lease with the USD Research Park, Inc. (dba USD Discovery District) dated June 20, 2013 for the operation of a research park on 80 acres of state land in Sioux Falls, which

was approved at the June 2013 BOR meeting. This lease was amended and restated on April 15, 2016. A private developer is seeking to develop West 54th Street North, which is advantageous to the USD Discovery District’s master plan for the area. As a result, the USD Discovery District proposed covering a portion of the cost of developing the street in exchange for an option to lease up to 40 additional acres for research park purposes. Regent Schaefer clarified the information by saying that there are currently approximately 160 acres of bare land, and this would reserve up to 40 acres for the Discovery District for the next 10 years. General Counsel Lukkes confirmed and said that these 40 acres are not yet identified, but the Discovery District would first come to the Board and request to exercise their option when they have a specific parcel of need. IT WAS MOVED by Regent Schaefer, seconded by Regent Morgan, to grant the Executive Director the authority to finalize and execute a Lease Option Agreement in substantively similar form the that set forth in Attachment II, and to execute any ancillary agreement necessary and appropriate to provide for the construction of West 54th Street as shown in Attachment I. Motion passed. A copy of the USD Discovery District Lease Amendment can be found on pages ____to ____ of the official minutes. 4-J SDBA Series 2018 Bonds Dr. Monte Kramer, System Vice President of Finance and Administration, stated that the Board is being asked to adopt a single resolution on a roll call vote, that will (1) request the Building Authority to go forward with the bonding for the Projects, (2) authorize the formal transfer of jurisdiction over the necessary property or structures to the Building Authority, (3) amend the lease agreement between the Board and the Building Authority to reflect the new transactions, and (4) authorize the officers of the Board of Regents and the Executive Director to execute other documents as may be required. He said the total interest for these bonds is estimated at 3.66%, which is slightly better than last time we bonded projects. Pertaining to the Dakota Dome bond, Regent Thares asked if the system has had bonds that have been paid back by a foundation in the past. Dr. Kramer said no. Regent Thares asked if Dr. Kramer is comfortable with this commitment considering it is $1 million a year for several years. President Gestring said USD has started a campaign for this phase as well as all phases of the eventual renovation to the Dakota Dome. She noted there are already pledges and they feel comfortable with their ability to pay this back. IT WAS MOVED by Regent Schaefer, seconded by Regent Bastian, to adopt Special Resolution No. 18-2018 on a roll call vote which will: 1) Request the Building Authority to proceed with the issuance of revenue bonds (“Revenue Bonds”) to finance costs of constructing, renovating, furnishing, and equipping the Projects in an aggregate principal amount not to exceed $34,500,000;

2) Authorize the President of the Board and the Executive Director to execute an instrument of transfer to effect the transfer of jurisdiction over the affected real property for the Project; 3) Authorize the President of the Board and the Executive Director to execute a supplement to the existing lease between the Board and the Building Authority. This lease establishes the basis for the continued occupancy and use of the premises by the Board and outlines the conditions of payment to the Building Authority for such occupancy and use; and, 4) Authorize the officers of the Board and the Executive Director to take such other actions and to execute such other documents as may be required to carry out the actions approved pursuant to such special resolutions. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – AYE Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion passed. A copy of the SDBA Series 2018 Bonds can be found on pages ____to ____ of the official minutes. ACADEMIC AND STUDENT AFFAIRS 5-A Student Federation Report Matt Yetter, Executive Director of the Student Federation, said the student federation continues to have conversation about the free speech policy revisions. He said by and large students do not have concern about free speech, but they do have questions about how changing the policy to the severe or pervasive standard for harassment helps students, especially considering already low reporting rates for sexual harassment. He said the students are working to schedule Students in Higher Education (SHED) Days, which is currently slated for February 11-12, 2019. However, they are looking for other available dates considering President Gestring’s inauguration on February 13. Regent Schieffer said there will be more conversation about the severe or pervasive standard during the free speech policy revision item, which will hopefully answer the students’ questions. A copy of the Student Federation Report can be found on pages ____to ____ of the official minutes.

5-B SDSBVI Comprehensive Plan for Special Education Dr. Paul Turman, System Vice President for Academic Affairs, explained that each local school district and accredited school is required to submit a Comprehensive Plan for Special Education to the South Dakota Department of Education that details how the school will implement federal and state laws and special education regulations. Where the responsibility of South Dakota School for the Blind and Visually Impaired differs from that of local education agencies, the exceptions are noted in the document. Much of the information in the Comprehensive Plan is documented in the SDSBVI school policy handbooks. Since the SDBOR serves as the governing board for SDSBVI, formal approval is required prior to submission. IT WAS MOVED by Regent Wink, seconded by Regent Thares, to approve the SDSBVI Comprehensive Plan for Special Education as presented. Motion passed. A copy of the SDSBVI Comprehensive Plan for Special Education can be found on pages ____to ____ of the official minutes. 5-C SDSU Rural Veterinary Medical Education Report President Barry Dunn and Provost Dennis Hedge explained that South Dakota State University and the University of Minnesota, through its College of Veterinary Medicine, entered into a Memorandum of Understanding in July 2017 to "define the financial feasibility and structure" of a collaborative program in veterinary medical education, one that would enable students from SDSU to complete the first two years of a professional program in Brookings and the final two years of doctor of veterinary medicine (DVM) degree at the University of Minnesota. They explained that the collaborative program in rural veterinary medicine education would build a clear pathway from Brookings to careers in animal health for our students in a way that is economically feasible for them. It should help to address a regional shortage of veterinarians and thus contribute to a growing animal agriculture industry in South Dakota. The report provides a financial model that creates a new degree program that requires no new ongoing state general funds, on the redirection of state funds currently applied to veterinary medical education. Regent Schieffer congratulated President Dunn on the good work of SDSU. A copy of the SDSU Rural Veterinary Medical Education Report can be found on pages ____to ____ of the official minutes. 5-D (1) BOR Policy Revisions – BOR Policy 1:23 – Employee-Employee and Faculty-Student Consensual Relationships Revisions (First Reading) Dr. Paul Turman, System Vice President for Academic Affairs, explained that currently under BOR Policy 1:23, faculty members only need to report a relationship if the student enrolls in a class or if they have academic supervision over the student. Failure to make a disclosure of the relationship as required or failure to abide by assurances given in regard to reassignment of duties and/or termination of the relationship would result in a termination of employment.

During its August 2018 meeting, AAC members discussed the current policy, how it is used in practice, and was supportive of the proposed changes provided in Attachment I of the agenda item. In addition, the policy was updated to the new Board Policy format, and several small clerical changes were made. IT WAS MOVED by Regent Wink, seconded by Regent Mickelson, to approve the first reading of the proposed revisions to BOR Policy 1:23 as presented. Motion passed. A copy of the BOR Policy Revisions – BOR Policy 1:23 – Employee-Employee and Faculty-Student Consensual Relationships Revisions (First Reading) can be found on pages ____to ____ of the official minutes. 5-D (2) BOR Policy Revisions – BOR Policy 2:5 – Transfer of Credit Revisions (First Reading) Dr. Paul Turman, System Vice President for Academic Affairs, noted that the Board of Regents adopted revisions to BOR Policy 2:5 Transfer of Credit in October 2016 which included new language in Section C.1.3.2 that provided an alternative approach to transfer credit hour thresholds. Previously the policy restriction specified that transfer credit from a two-year technical or community college may not exceed one-half of the hours required for completion of the baccalaureate degree at the accepting institution. He said when the new policy language was adopted by the Board there was no expectation that a similar structure would exist in the future for accelerated graduate level coursework. This past year SDSU and USD have been working to develop a 3+2 agreement that would allow USD’s Health Science major students to complete three years at USD, and then transfer to SDSU and complete the graduate degree in its CAATE accredited 3+2 Athletic Training program. Since the Athletic Training program is now offered at the graduate level, SDSU would need to have an agreement that allows 25 graduate credits (600 level) to be transferred back to USD’s program to allow the students to complete their BS in Health Sciences from USD. Current Board policy will only allow up to 12 graduate credits to be completed to meet the undergraduate bachelors. To address this issue, new language has been integrated into section C.1.3.3 of Board Policy 2:5 to allow for a graduate program waiver to be approved by the Board. New language is also being proposed for insertion into Section C.3.4.2 to allow for greater flexibility in the policy for evaluating and transcripting coursework originating from Technical Institutes outside of South Dakota. IT WAS MOVED by Regent Wink, seconded by Regent Morgan, to approve the first reading of the proposed revisions to BOR Policy 2.5 as presented. Motion passed. A copy of the BOR Policy Revisions – BOR Policy 2:5 – Transfer of Credit Revisions (First Reading) can be found on pages ____to ____ of the official minutes

5-E (1) BOR Policy Revisions – BOR Policies 1:17, 3:3, 3:4, 3:18, 4:21, 6:13, and 7:1 – Freedom of Speech Policy Revisions (Second Reading) Nathan Lukkes, Board of Regents General Counsel, addressed the Board policies that have been in the process of review following the Free Speech Roundtable at its June 2018 Board Meeting. He said Board of Regents staff has worked with institutional representatives to make necessary revisions to Board of Regents’ policies to address issues and concerns that were raised by various constituent groups. In addition to the policy changes, public comments that were submitted to the Board office in writing have been included in an attachment for the Board’s review. General Counsel Lukkes walked through each policy and described proposed revisions and rationale for those revisions outlined within. Regent Schieffer commented that there was an excellent letter from faculty included in the attachments of the agenda item. He wanted it to be clear to faculty that it is not only the right but also the responsibility of the faculty to be in control of their classrooms, and these policy revisions are not intended to take that away. In response to a question by Regent Schieffer regarding the proposed changes to BOR Policy 3:18 regarding student questions regarding whether the proposed changes would further limit funding for certain student organizations, General Counsel Lukkes said they would not, and once the Board approves the policy revisions he will send the Student Government Association a memo explaining that these revisions should not be construed to limit funding. Regent Wink said she thought General Counsel Lukkes reflected very well the broad, divergent views and feedback. Regents Wink and Schieffer recognized all contributors who shared thoughts and comments, which contributed to the overall process. IT WAS MOVED by Regent Wink, seconded by Regent Mickelson, to approve the second and final reading of the proposed revisions to BOR Policies 1:17, 3:4, 3:18, 6:13, and 7:1 as shown in the agenda item attachments and BOR Policies 3:3 and 4:21 as reflected in handouts A & B. Motion passed. A copy of the BOR Policy Revisions – Second Readings - BOR Policies 1:17, 3:3, 3:4, 3:18, 4:21, 6:13, and 7:1 – Freedom of Speech Policy Revisions (Second Reading) can be found on pages ____to ____ of the official minutes. (Handout A and B can be found specifically on pages ____ to ____ of the official minutes.) 5-E (2) BOR Policy Revisions – BOR Policy 4:10 – Tenure and Continuing Appointments Revisions (Second Reading) Dr. Paul Turman, System Vice President for Academic Affairs, explained that when the first reading of this policy change was discussed during the October 2018 Board meeting, the Board inquired about the need to provide campuses with greater flexibility in recruiting top candidates

without having to wait for formal approval for tenure at the upcoming Board of Regents meeting. This issue was discussed further during the November COPS and AAC meetings, and campus representatives affirmed that a more streamlined approach would be beneficial to help facilitate the candidate recruitment process. Additional language has been added to the policy to allow the system Chief Academic Officer to work in consultation with the Executive Director to approve the campus tenure recommendations on behalf of the Board. All such requests would be reported to the Board at the next scheduled Board of Regents meeting. The additional revisions located in Section C.1.3 that have been made since the first reading have been highlighted in yellow for further review by the Board. IT WAS MOVED by Regent Wink, seconded by Regent Morgan, to approve the second and final reading of the proposed revisions to BOR Policy 4:10 as presented. Motion passed. A copy of the BOR Policy Revisions – BOR Policy 4:10 – Tenure and Continuing Appointments Revisions (Second Reading) can be found on pages ____to ____ of the official minutes 5-E (3) BOR Policy 2:23 – Program and Curriculum Approval Revisions (Second Reading) Dr. Paul Turman, System Vice President for Academic Affairs, explained that the revisions proposed for Board Policy 2:23 include adding language related to institutional program review and program productivity. Currently, AAC Guideline 4.1 Program Productivity Review Guidelines and AAC Guideline 4.2 Institutional Program Review Guidelines outline those processes. The Board discussed program productivity at its May 2018 meeting and approved thresholds of seven (7) graduates a year or thirty-five (35) during the five (5)-year reporting period for bachelor’s programs, four (4) graduates a year or twenty (20) during the five (5) year reporting period for master’s programs, and one (1) graduate a year or five (5) during the five (5)-year reporting period for professional or doctoral programs. In addition, the Board expressed preferences for adding these thresholds to Board policy. He said placing the requirements for institutional program review and program productivity in Board policy formalizes the expectations of the Board. Consistent program review helps ensure the quality of academic programs, an issue the Board has cited as a priority through Goal 2 of the 2014-2020 Strategic Plan. Monitoring program productivity is integral in demonstrating efficiency and maintaining a relevant catalog of programs. Detailed processes implementing changes to Policy 2:23 will remain in AAC Guidelines. One clerical revision has been made since the first reading at the October 2018 BOR meeting and is highlighted in the subsequent attachment. IT WAS MOVED by Regent Wink, seconded by Regent Schaefer, to approve the second and final reading of the proposed revisions to BOR Policy 2:23 as presented. Motion passed. A copy of the BOR Policy Revisions – BOR Policy 2:23 – Program and Curriculum Approval Revisions can be found on pages ____to ____ of the official minutes.

5-E (4) BOR Policy Revisions – BOR Policy 2:3 – System Undergraduate Admissions Revisions (Second Reading) Dr. Paul Turman, System Vice President for Academic Affairs, noted that the Board discussed the possibility of changing the requirements of the Regents Scholar diploma during the May 2018 Board meeting to more closely align with the Opportunity Scholarship. During this discussion there was general support by the Board for making this change. The formal revisions to BOR Policy 2:3 System Undergraduate Admissions would give students the option of taking two units of Career and Technical Education (CTE) courses as an alternative to the two units of modern or classical language, or a combination of language and CTE. This change would then ensure that students earning the Advanced Postsecondary Preparation endorsement also may earn the Opportunity Scholarship and the Regents Scholar diploma. This will help eliminate confusion at the high schools, and make requirements more consistent across. IT WAS MOVED by Regent Wink, seconded by Regent Morgan, to approve the second and final reading of the proposed revisions to BOR Policy 2:3 as presented. Motion passed. A copy of the BOR Policy Revisions – BOR Policy 2:3 – System Undergraduate Admissions (Second Reading) can be found on pages ____to ____ of the official minutes 5-F (1) Intent to Plan Request – BHSU – BS in Liberal Arts for the Marketplace Dr. Jay Perry, System Assistant Vice President for Academic Affairs, explained that Black Hills State University (BHSU) requests authorization to prepare a program proposal for a Bachelor of Science (BS) in Liberal Arts for the Marketplace (LAMP). The LAMP program will allow students to study traditional liberal arts and social science disciplines while gaining additional skills needed in the modern workforce. The program would combine the 18 hours of coursework typically found in liberal arts and social science minors with additional courses in social media, job readiness, communication, a technical skill, and an internship. Students may graduate with the LAMP major alone or as a second major to complement other programs. BHSU Provost Chris Crawford said this is an innovative degree that provides more opportunity to BHSU students. IT WAS MOVED by Regent Wink, seconded by Regent Bastian, to authorize BHSU to develop a program proposal for a BS in Liberal Arts for the Marketplace as presented. Motion passed. A copy of the Intent to Plan Requests – BHSU – BS in Liberal Arts for the Marketplace can be found on pages ____to ____ of the official minutes. 5-F (2) Intent to Plan Request – NSU – MS in Accounting Analytics Dr. Jay Perry, System Assistant Vice President for Academic Affairs, explained that Northern State University (NSU) requests authorization to prepare a program proposal for a Master of Science (MS) in Accounting Analytics. The program would emphasize predictive and prescriptive analytics, identifying anomalies and risk factors in accounting data, and identifying and framing

key business decisions and related metrics to prescribe effective solutions. NSU currently offers a Bachelor of Science (BS) in Professional Accountancy that meets the 150 credit hour requirement to sit for the Certified Public Accounting (CPA) exam. The MS in Accounting Analytics would replace that program, allowing a student to receive a master’s degree with the same amount of credits as the existing BS in Professional Accountancy. NSU Interim Provost Joelle Lein said the program will address the topic of analytics, so the coursework will be somewhat different than the bachelor’s degree. She said it will be of great benefit to the students to have coursework for the bachelors and masters program as well as the opportunity to sit for the CPA exam. IT WAS MOVED by Regent Wink, seconded by Regent Thares, to authorize NSU to develop a program proposal for an MS in Accounting Analytics as presented. Motion passed. A copy of the Intent to Plan Requests – NSU – MS in Accounting Analytics can be found on pages ____to ____ of the official minutes. 5-F (3) Intent to Plan Requests – SDSU – MS in Interdisciplinary Studies Dr. Jay Perry, System Assistant Vice President for Academic Affairs, explained that South Dakota State University (SDSU) requests authorization to prepare a program proposal for a Master of Science (MS) in Interdisciplinary Studies. The program will provide an individualized graduate program designed to meet students’ academic and professional goals. The program will also have a specific focus on assisting instructors at two- and four-year postsecondary schools, particularly tribal colleges and universities, gain credentials needed to maintain accreditation. The Higher Learning Commission (HLC) recently clarified their position on faculty qualifications, stating instructors in a baccalaureate program must have a master’s degree in the field they are teaching or a master’s degree and 18 credit hours of graduate coursework in the field they are teaching. The MS in Interdisciplinary Studies will provide opportunities for instructors to remain eligible to teach under HLC rules as well as provide pathways for additional instructors to teach concurrent or dual credit courses in high schools. IT WAS MOVED by Regent Wink, seconded by Regent Morgan, to authorize SDSU to develop a program proposal for an MS in Interdisciplinary Studies as presented. Motion passed. A copy of the Intent to Plan Requests – SDSU – MS in Interdisciplinary Studies can be found on pages ____to ____ of the official minutes. 5-G New Program Request – USD & SDSMT – BS in Biomedical Engineering Dr. Jay Perry, System Assistant Vice President for Academic Affairs, explained that the University of South Dakota (USD) and South Dakota School of Mines & Technology (SDSMT) request to offer a collaborative Bachelor of Science (BS) degree in Biomedical Engineering. The Board approved the intent to plan at the March 2018 meeting. The two institutions currently offer collaborative graduate programs in the field. The program will bridge the medical and engineering disciplines to produce graduates to advance human health and well-being. Graduates will gain experience related to laboratory settings, data analysis, biomedical problem-solving, and

foundational engineering and medical research skills. Biomedical Engineering is an interdisciplinary degree that will provide graduates with job opportunities nationally and in South Dakota; the Governor’s Office of Economic Development identifies bioscience as one of the state’s “key industries.” Faculty members from both institutions were recognized for coming together to create this new program. IT WAS MOVED by Regent Wink, seconded by Regent Bastian, to authorize USD and SDSMT to offer a collaborative BS in Biomedical Engineering, including delivery online and at the University Center-Sioux Falls, as presented. Motion passed. A copy of the New Program Request – USD & SDSMT – BS in Biomedical Engineering can be found on pages ____to ____ of the official minutes 5-H New Certificate Request – USD – Alternative Teacher Certification (Graduate) Dr. Jay Perry, System Assistant Vice President for Academic Affairs, explained that the University of South Dakota (USD) requests authorization to offer a graduate certificate in Alternative Teacher Certification. The proposed certificate is intended to alleviate South Dakota’s teacher shortage by providing an additional avenue for alternative certification. Alternate teaching certification provides a pathway to teaching certification outside of traditional teacher education programs. The target audience for the certificate is those with bachelor’s degrees in non-education fields who want to transition K-12 teaching, have a valid Alternative Preliminary Certification, and an offer of employment from a public or Department of Education-accredited school. The certificate is a stand-alone credential that meets the alternative certification requirements by covering topics in classroom management, teaching methods, student assessment, differentiated instruction, adolescent psychology, and South Dakota Indian studies. IT WAS MOVED by Regent Wink, seconded by Regent Bastian, to authorize USD to offer a graduate certificate in Alternative Teacher Certification, including online delivery, as presented. Motion passed. A copy of the New Certificate Request – USD – Alternative Teacher Certification (Graduate) can be found on pages ____to ____ of the official minutes. 5-I Request to Seek Accreditation – DSU Dr. Paul Turman, System Vice President for Academic Affairs, noted that BOR Policy 1:10 specifies that “Each campus must seek and receive Board approval before applying for initial accreditation or an expanded scope of accreditation for academic programs.” In accordance with Board policy, Dakota State University requests approval to seek accreditation from ABET for their BS in Computer Science program. If approved by the Board of Regents, DSU will become the fourth institution in the Regental system to obtain ABET accreditation (currently SDSM&T, SDSU & USD are accredited through

this organization). Despite this apparent overlap, the desire to seek accreditation for existing programs does align closely with the Board of Regents 2020 Strategic plan, and is consistent with the strategic imperatives outlined for the Beacom College of Computer and Cyber Sciences. These points of strategic importance include having quality faculty, having an innovative undergraduate and graduate curriculum, having substantive connections with agencies and corporations, producing success in extramural funding, and possessing integrated and interdisciplinary research and development. To accomplish these goals, DSU will need peer and accreditation recognition. In response to a question from the Board regarding additional costs associated with the move to ABET accreditation, Provost McKay affirmed that they have the necessary internal resources to meet the increased costs associated with ensuring the appropriate mix of faculty and lab resources that will be required. IT WAS MOVED by Regent Wink, seconded by Regent Schaefer, to approve DSU’s request to seek accreditation from the Accreditation Board for Engineering and Technology (ABET) for their BS in Computer Science Engineering program. Motion passed. A copy of the DSU’s Request to Seek Accreditation can be found on pages ____to ____ of the official minutes. 5-J SDBOR Peer List Update Project Dr. Paul Turman, System Vice President for Academic Affairs, explained that SDBOR central office staff have worked with campus staff over the last several months to assemble institutional peer sets for the Regental system. Using the updated parameters requested by BHSU, DSU and NSU a new set of peers have been identified which will be used moving forward for all peer related analyses. The matrix depicted in Attachment II of the agenda item highlights the set of proposed peers from 2014 and those identified for each institution in 2018. During the process implemented in 2014, institutions were provided a set of “close” and “distant” peers to select from. The Carnegie classification for each potential peer are also included as a reference point. If approved by the Board of Regents, the peer selection process will only be replicated every five years to ensure consistency in reporting of peer data with stakeholders across the state. Regent Schieffer asked about the objectivity standard built into this process. Dr. Turman explained that the campuses were asked which variables were most important to them when they compare themselves to others. Institutional researchers within the system then gathered the institutions that most closely align with the Regental institutions considering these variables, and the campuses reviewed and finalized the peer lists. The Board’s central office also reviewed for logic. Overall, he recognized that the process was developed and shared in a transparent way. IT WAS MOVED by Regent Wink, seconded by Regent Bastian, to accept the updated peer institutions selected by BHSU, DSU and NSU and schedule additional reviews to update the current slate of peers in 2023 for all institutions. Motion passed.

A copy of the SDBOR Peer List Update Project can be found on pages ____to ____ of the official minutes. 5-K (1) Routine Informational Items – Enrollment Trends in the University System – Fall 2018 Dr. Paul Turman, System Vice President for Academic Affairs, stated that this report offers an in-depth analysis of university system fall enrollment data from 2008 to 2018. While annual fall enrollment reports already provide summary-level information about student enrollment in the Regental system, this report draws special attention to several key trends observed in system enrollment data in recent years. A copy of the Routine Informational Items – Enrollment Trends in the University System – Fall 2018 can be found on pages ____to ____ of the official minutes 5-K (2) Routine Informational Items – Teacher Education Report Dr. Paul Turman, System Vice President for Academic Affairs, stated that this report provides a data-driven snapshot of the five teacher education programs in the public university system (i.e., BHSU, DSU, NSU, SDSU, and USD). Data are shown for a variety of performance measures, including student enrollments, academic performance, degree completions, graduate placement, and labor force outcomes. Regent Schieffer asked why the teacher placement rate for DSU is over the average and SDSU is under the average. Dr. Turman predicted that the resident and nonresident mix at the institutions is influential. A copy of the Routine Informational Items – Teacher Education Report can be found on pages ____to ____ of the official minutes 5-K (3) Routine Informational Items – Graduate Debt Analyses Dr. Paul Turman, System Vice President for Academic Affairs, stated that this briefing reviews two recent national reports on student debt. Attachment I of the agenda item presents data which recently were published by the Institute for College Access and Success (TICAS) on two major debt indicators for bachelor’s degree completers at four-year institutions in South Dakota and the nation. Attachment II of the agenda item provides a basic overview of federal student loan default rate data from the US Department of Education. A copy of the Routine Informational Items – Graduate Debt Analyses can be found on pages ____to ____ of the official minutes

BUDGET AND FINANCE 6-A (1) Routine Information Item – Building Committee Report Dr. Monte Kramer, System Vice President of Finance and Administration, provided information on the actions taken by the building committees. A copy of the Routine Information Item – Building Committee Report can be found on pages ____to ____ of the official minutes. 6-A (2) Routine Information Item – Capital Project List Dr. Monte Kramer, System Vice President of Finance and Administration, provided the December Capital Project List. A copy of the Routine Information Item – Capital Project List can be found on pages ____to ____ of the official minutes. 6-B FY18 Auxiliary System Agreed-Upon Procedures Scott Van Den Hemel, Financial Compliance Officer, stated that a financial statement for the auxiliary system is required by the Regental system’s bond covenants. In order to accomplish this, the Board of Regents (BOR) has retained the Department of Legislative Audit (DLA) to provide an Agreed-Upon Procedures review of the system. The Board’s compliance officer receives the financial statement information from the universities, reviews them, combines them, and prepares the footnotes. Those statements and any working papers are then provided to DLA to perform certain tests that are outlined in the Agreed-Upon Procedures document. For FY18, DLA found no instances of noncompliance with the covenants of the bond. The System continues to maintain a coverage ratio above 1.40. This consistency helps the system maintain its excellent credit rating. The 20% cushion above the minimum of 1.20 also helps to protect the system from occasional drops in enrollment. A copy of the FY18 Auxiliary System Agreed-Upon Procedures can be found on pages ____to ____ of the official minutes. 6-C FY20 Governor’s Recommended Budget Leah Ahartz, Budget Manager, shared Governor Daugaard’s recommended budget items presented during his budget address on Tuesday, December 4. She stressed that this is Governor Daugaard’s proposed budget, so there will be a revised budget in January when Governor-elect Noem is in place. A copy of the FY20 Governor’s Recommended Budget can be found on pages ____to ____ of the official minutes.

6-D FY20 Tuition Rate Proposals Dr. Monte Kramer, System Vice President of Finance and Administration, described the proposal to provide in-state tuition rates to residents of states adjacent to South Dakota. He said approval of the program with the suggested name “South Dakota Advantage” will provide for a concise marketing message to surrounding states and will provide many benefits to the universities and the state. Regent Schieffer addressed a few changes to the original recommendations outlined in the agenda item per a conversation that occurred in executive session, which was a conversation allowed by law considering its nature of pricing strategies. He noted that this is part of an ongoing effort led by the presidents over the last four years. The pilot projects allowing in-state tuition implemented over the last few years have been very successful. He shared history on out-of-state tuition pricing, explaining that when we have been required to increase costs, we have lost business. However, every time we have decreased price, we have gained students. Regent Schieffer went on to explain that in addition to a net revenue increase for South Dakota, providing in-state tuition to students who are residents of adjacent states represents a real workforce opportunity for South Dakota since we keep roughly 30% of our out-of-state students after graduation. He sees this action as an ongoing effort to test the market. Dr. Kramer referenced the section in the agenda item that relates to the proposal to offer the federal reimbursement rate for on-campus courses to active duty military students. He noted that the universities are not currently attracting active duty military members. The ability to take courses via distance at $250 (the current federal reimbursement rate), which was a rate previously approved by the Board, is a great opportunity. He said being able to offer the federal reimbursement rate for on-campus courses may bring some additional individuals to campus, while providing them with additional opportunities. He said this program will never have large numbers, but expressed his belief that it is the right thing to do for this population. In a comment about the adjacent state rate proposal, Regent Bastian emphasized that at least one of our institutions are already offering in-state tuition rates to students of the surrounding states. The South Dakota Advantage program makes these in-state rates consistent for students from all adjacent states for all Regental institutions. IT WAS MOVED by Regent Roberts, seconded by Regent Morgan, to approve an adjacent state tuition program offering new freshman and new transfer students from Wyoming, Montana, North Dakota, Nebraska, Iowa, and Colorado a tuition rate equivalent to the resident undergraduate tuition rate set for each university starting summer 2019; and an on-campus and off-campus active duty military rate equivalent to the undergraduate resident rate or the approved federal tuition reimbursement rate, whichever is lower, with no additional on-campus fees to be assessed starting 2019. Motion passed.

A copy of the FY20 Tuition Rate Proposals can be found on pages ____to ____ of the official minutes. 6-E NSU Auxiliary System Property Acquisition President Tim Downs and Veronica Paulson, NSU Vice President of Finance, explained that Northern State University requests Board of Regents’ authorization to acquire three properties from housing and auxiliary facilities system (Revenue System) funds. Two of the properties are adjacent to Wolves Memorial Suites and are currently rental properties. The homes will eventually be sold and moved from the properties in order to create additional parking. The third property is a vacant lot. IT WAS MOVED by Regent Wink, seconded by Regent Thares, to authorize NSU to acquire the properties located at 1217 S. Lincoln Street, 1219 S Lincoln Street and 215 12th Avenue SE using housing and auxiliary revenue funds and to place the properties into the revenue system. Motion passed. A copy of the Auxiliary System Property Acquisition can be found on pages ____to ____ of the official minutes. 6-F NSU Regional Sports Complex Facility Program Plan President Tim Downs and Veronica Paulson, NSU Vice President of Finance, explained that Northern State University requests approval of the Facility Program Plan for the construction of a Regional Sports Complex. The Board approved NSU's Preliminary Facility Statement for the new Complex in October 2017. In April of 2018, the Building Committee selected the design team of CO-OP Architects and DLR Group and in June of 2018, the team of McCown Gordon Construction, Quest Construction and Kansas Turf was selected as the Construction Manager. The estimated cost of the Complex is $33,000,000. Funding for the project will come from private donations. The Facility Program Plan was approved by the Building Committee on November 7, 2018. The Regional Sports Complex is the third and final project of the Educational Impact Campaign. The first project of the campaign, the Athletic and Recreation Fields, was completed in November 2018. The second project of the campaign, the new South Dakota School for the Blind and Visually Impaired, is currently under construction and is scheduled to be completed in November 2019. They stated that given that the facility will fund operations as well as maintenance and repair from net operating revenues, it meets the requirements established by the Board. They noted that the facilities will be a major improvement to the NSU campus, boosting recruitment and the overall student and athlete experience. The Aberdeen community will also benefit from a first-class facility with appropriate amenities by attracting more fans and enhancing the overall game-day events and experience. There is no cost to the State beyond utilities to support the operations. The project meets all expectations and is privately funded. It is recommended that the project be approved and forwarded to the Legislature in 2019 for approval.

Regent Thares said there is an understanding between the Foundation and the Economic Impact Campaign that this project will not start until all commitments are in place. Regent Mickelson asked about the total revenue outlined in the proforma on page 10 of the document, noting a dramatic increase in the projections when compared to current revenue. Vice President Paulson provided explanation, saying the premium seating line is net new which explains some of the increase. She also answered questions about utilities and maintenance and repair. Regent Morgan said it would be helpful to show what would happen after the first 10 years for maintenance and repair. Regent Thares explained that from all the background work done on this design, he clarified that this is a very prudent design especially considering the current attendance as well as the anticipated ticket sales incorporated into the proforma. After several additional questions were posed regarding the proforma, NSU’s Athletic Director Josh Moon shared information about the projected attendance and ticket sales incorporated into the proforma. The regents felt that additional review of the proforma was necessary before finalizing. However, they felt comfortable moving forward with the Facility Program Plan for the project. IT WAS MOVED by Regent Roberts, seconded by Regent Bastian, to approve the Facility Program Plan for NSU’s Regional Sports Complex and to include the project in the Board’s 2019 legislation; and to approve the budget for the project at $33 million to be funded with private donations guaranteed by the NSU Foundation. Motion passed. A copy of the NSU Regional Sports Complex Facility Program Plan can be found on pages ____to ____ of the official minutes. 6-G SDSM&T McLaury Building Renovation Preliminary Facility Statement Heather Forney, SDSM&T Interim Vice President of Finance, and Jerilyn Roberts, SDSM&T Director of Facilities and Risk Management, said that SDSM&T requests approval of the Preliminary Facility Statement for the renovation of the McLaury building on campus, originally built in 1922. The McLaury building houses the Math and Computer Science department and is a main classroom building for the SDSM&T campus. From the records found, the last major updates to the building were completed between 1976 and 1979. Completing the third phase of this renovation project will make the facility more comfortable, usable and attractive. Given that all students take courses in this facility, the renovation will greatly improve the student experience at SDSM&T. The funding for this project is coming from current and future maintenance and repair funds from HEFF, local (fees), and general funds. The funding plan and project have been planned for several years and it is recommended that it be approved.

They noted that although it was previously believed that this project would be exempted from the building process, the current State Engineer interprets the law otherwise. Therefore, until legislation changes, they would like to move this project through the traditional building process prescribed by law. She noted that with approval of this Preliminary Facility Statement, a building committee should be appointed to the project. IT WAS MOVED by Regent Roberts, seconded by Regent Schaefer, to approve SDSM&T’s Preliminary Facility Statement for the renovation of the McLaury Building. Motion passed. A copy of the SDSM&T McLaury Building Renovation Preliminary Facility Statement can be found on pages ____to ____ of the official minutes. 6-H SDSU Football Stadium Financials IT WAS MOVED by Regent Roberts, seconded by Regent Morgan, to table this item (SDSU Football Stadium Financials) until the April 2019 Board of Regents meeting. Motion passed. 6-I SDSU American Indian Student Center Revised Facility Design Plan Dean Kattelmann, SDSU Associate Vice President of Facilities and Services, stated that SDSU requests approval of the Revised Facility Design Plan and a total budget of $5.5 million for construction of the American Indian Student Center (AISC) to be located on the SDSU main campus in Brookings. Private donations of $5,000,000 and $500,000 of School and Public Land funds will be used to fund this project. IT WAS MOVED by Regent Roberts, seconded by Regent Schaefer, to approve SDSU’s Revised Facility Design Plan with a total budget of approximately $5.5 million for design and construction of the American Indian Student Center using $5,000,000 of private donations and $500,000 of School and Public Land funds. Motion passed. A copy of the SDSU American Indian Student Center Revised Facility Design Plan can be found on pages ____to ____ of the official minutes. 6-J SDSU Raven Precision Ag Facility Design Plan Dean Kattelmann, SDSU Associate Vice President of Facilities and Services, stated that SDSU seeks approval of this Facility Design Plan to construct the Raven Precision Agriculture Center. Approval of the Facility Design Plan will allow the building to proceed to design development and construction drawings and for the Construction Management firm to prepare the Guaranteed Maximum Price. The Building Committee, with Jim Morgan as the Board representative, will manage the project moving forward. It is recommended that the project proceed to construction and not exceed the approved funding of $46,100,000. The bonds will be issued by the South Dakota Building Authority with necessary approval coming to the December Board meeting.

IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve SDSU’s Raven Precision Agriculture Center Facility Design Plan for the construction of the laboratory facility at a cost not to exceed $46,100,000. Motion passed. A copy of the SDSU Raven Precision Ag Facility Design Plan can be found on pages ____to ____ of the official minutes. 6-K USD Dakota Dome Guaranteed Maximum Price Adam Rosheim, USD Interim Vice President of Finance and Administration, stated that USD is submitting its Guaranteed Maximum Price (GMP) for Dakota Dome Phase 2 Interior Renovation. The Building Committee met to approve the GMP the week of November 26th, 2018. The Dakota Dome Renovation Facility Program Plan was approved by Board of Regents at the December 2017 meeting with an overall project funding of $26,320,000. Previously both the Building Committee and the Board of Regents approved the Facility Design Plan and the GMP for Phase 1 of the project which was the Dakota Dome Renovation – Outdoor Practice Football Field for total funding in the amount of $2,115,000, and a GMP of $1,787,133. The Facility Design Plan for Phase 2 of the project, which is the Dakota Dome Interior Renovation, was approved at the October 2018 meeting. USD is requesting approval of the GMP for construction on the Dakota Dome Interior Renovation project from the Board of Regents. USD has received a GMP of $20,483,000, which is within the overall project funding of $24,205,000. The project will also include eight (8) alternates which are currently not included in the above GMP. USD feels that the CMR contractor’s estimates are inflated and that the overall project market and high interest from local contractors will allow USD to complete the eight (8) alternates within the GMP amount of $20,483,000. However, if the bid packages do not allow for USD to complete these eight (8) alternates within the approved GMP amount, then USD has attached a letter from the USD Foundation (dated November 7th, 2018) securing another $1.55 million in private sources to cover the costs of these eight (8) alternates, which is still within the 125% legislation approval amount. The overall project would increase to $27,870,000 if the additional funded were needed. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve USD’s Guaranteed Maximum Price of $20,483,000 for the Dakota Dome Interior Renovation project and to approve a maximum budget of $27,870,000. Motion passed. A copy of the USD Dakota Dome Guaranteed Maximum Price can be found on pages ____to ____ of the official minutes. 6-L USD National Music Museum Addition & Renovation Facility Design Plan Adam Rosheim, USD Interim Vice President of Finance and Administration, stated that USD is submitting its Facility Design Plan for the renovation of and addition to the National Music

Museum. The Facility Program Plan for the National Music Museum was approved by the Board in December 2017. USD requests approval of the Facility Design Plan and a total budget of approximately $10.6 million for design and construction of the National Music Museum Addition & Renovation with funding for the project as $9,095,000 in private donations and $1,500,000 in HEFF M&R Proceeds for a total of $10,595,000. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve USD’s National Music Museum Facility Design Plan for the Addition and Interior Renovations at a total estimated price of $10,595,000. Funding for this project will come from donations totaling $9,095,000 and HEFF M&R in the amount of $1,500,000. Motion passed. A copy of the USD National Music Museum Addition & Renovation Facility Design Plan can be found on pages ____to ____ of the official minutes. 6-M BOR Policy 5:5:4 – Tuition & Fees: Fees Revisions (Second Reading) Dr. Monte Kramer, System Vice President of Finance and Administration, noted that the first reading of the proposed revisions to the policy were presented at the May 2018 Board meeting. At this time the revisions focused on Section 3, which addressed guidelines and the application of tuition and fees for exchange programs or agreements. Substantive changes with the second reading to the policy consist of the inclusion of definitions and the realignment of fees and charges to the appropriate categories within the policy. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve the second and final reading of the revisions made to BOR Policy 5:5:4 – Tuition and Fees: Fees as shown in Attachment I of the agenda item. Motion passed. A copy of the BOR Policy 5:5:4 – Tuition & Fees: Fees Revisions (First Reading) can be found on pages ____to ____ of the official minutes. 6-N BOR Policy 5:7 – Refunds Revisions (First Reading) Dr. Monte Kramer, System Vice President of Finance and Administration, explained that Board Policy 5:7 – Refunds has been split. Policy 5:7 addresses refunds and Policy 2:4:1 (under Academic Affairs) covers registration, cancellations, and withdrawals. Policy 2:4:1 is presented in a separate agenda item. Sections in blue print were deleted and not carried over to Policy 2:4:1. Substantive changes to Board Policy 5:7 include definitions and the calculation of refunds for parking permits and first day access charges. The refund of food service flex dollars has been clarified. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve the first reading of BOR Policy 5:7 – Refunds with the revisions shown in Attachment I. Motion passed.

A copy of the BOR Policy 5:7 – Refunds Revisions (First Reading) can be found on pages ____to ____ of the official minutes. 6-O New BOR Policy 2:4:1 – Registrations, Cancellations, and Withdrawals (First Reading) Dr. Monte Kramer, System Vice President of Finance and Administration, stated that Board Policy 2:4:1 – Registrations, Cancellations, and Withdrawals is a new policy in itself. The substantive change splits the sections from Policy 5:7 – Refunds and places the sections in BOR Policy 2:4 - Academic Affairs: Registration. There are no substantive changes. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve the first reading of the new BOR Policy 2:4:1 – Registrations, Cancellations, and Withdrawals as shown in Attachment I. Motion passed. A copy of the New BOR Policy 2:4:1 – Registrations, Cancellations, and Withdrawals (First Reading) can be found on pages ____to ____ of the official minutes. 6-P New BOR Policy 6:1 – Facilities Planning Revision (First Reading) Dr. Monte Kramer, System Vice President of Finance and Administration, stated that in an attempt to transition the Board policies into their new format, Board Policy 6:1 has been updated to include the purpose of the policy, definitions, and agreed-upon format. The policy revisions were reviewed by the Business Affairs Council and the Council of Presidents and Superintendents in October 2018. The section on land acquisition plans was removed as it is addressed in Board Policy 6:2 – Acquisition and Disposal of Real Property. IT WAS MOVED by Regent Roberts, seconded by Regent Morgan, to approve the first reading of BOR Policy 6:1 – Facilities Planning revisions as shown in Attachment I. Motion passed. A copy of the New BOR Policy 6:1 – Facilities Planning Revision (First Reading) can be found on pages ____to ____ of the official minutes. 6-Q New BOR Policy 6:2 – Acquisition and Disposal of Real Property Revision (First Reading) Dr. Monte Kramer, System Vice President of Finance and Administration, stated that in an attempt to transition the Board policies into the new format, Board Policy 6:2 has been updated to include the purpose of the policy, definitions, and the agreed-upon format. This policy has also been corrected to align with SDCL 13-52-1, 13-52-2, and 13-52-3. The policy revisions were reviewed by the Business Affairs Council and the Council of Presidents and Superintendents in October 2018. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve the first reading of BOR Policy 6:2 – Acquisition of Real Property as shown in Attachment I. Motion passed.

A copy of the New BOR Policy 6:2 – Acquisition and Disposal of Real Property Revision First Reading) can be found on pages ____to ____ of the official minutes. 6-R New BOR Policy 7:7 – Personally Identifiable Information (First Reading) Dr. Monte Kramer, System Vice President of Finance and Administration, stated that protecting personal information has become paramount in this age of cyber scams, attacks and breeches. This policy addresses the necessary use and protection of all personally identifiable information that must be handled with care. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to approve the first reading of the new BOR Policy 7:7 – Personally Identifiable Information as shown in Attachment I of the agenda item. Motion passed. A copy of the New BOR Policy 7:7 – Personally Identifiable Information (First Reading) can be found on pages ____to ____ of the official minutes. 6-S Transfer of Current ADRDL Building to the Animal Industry Board (AIB) Dr. Monte Kramer, System Vice President of Finance and Administration, explained that in order to utilize remaining bond proceeds on the current facilities, the asset must be transferred to AIB and then AIB will transfer jurisdiction to SDBA. He said the transfer of the asset has an immaterial impact to the SDSU financial statements and their HLC ratios. The depreciated value of the asset on the financial statements today is $3.1 million with no associated debt. SDSU has also determined the loss of indirect overhead related to research conducted in the building is no more than $10,000 per year. IT WAS MOVED by Regent Roberts, seconded by Regent Wink, to transfer title of the current Animal Disease Research and Diagnostic Laboratory buildings built in 1968 and 1994 to the Animal Industry Board, with the provision that the assets are transferred back to Board of Regents upon satisfaction of the lease obligations related to the improvements; and to move authorization of legislation, if necessary, to accomplish the transfer. Motion passed. A copy of the Transfer of Current ADRDL Building to the Animal Industry Board (AIB) can be found on pages ____to ____ of the official minutes. MOVED FROM CONSENT AGENDA – 3-R (4) BOR Policy Revisions – BOR Policy 7:2 – IT Security Policy for Employees Leaving the BOR System (First and Final Reading) Regent Morgan explained why he pulled this policy off the consent agenda. In section C.1.1.2., he said he would like the word “will” changed to “may”. This is to signify that this is the exception not the rule.

IT WAS MOVED by Regent Roberts, seconded by Regent Morgan, to (1) waive the two-reading requirement of By-Laws Section 5.5.1, and (2) approve the first and final reading of BOR Policy 7:2 – IT Security Policy for Employees Leaving the BOR System as shown in Attachment I of the agenda item with one change which is to replace the word “will” in section C.1.1.2. to “may”. A copy of BOR Policy Revisions – BOR Policy 7:2 – IT Security Policy for Employees Leaving the BOR System (First and Final Reading) can be found on pages _____ to ____ of the official minutes. ACADEMIC AND STUDENT AFFAIRS 7-A Resolution of Recognition – Dr. Paul Turman IT WAS MOVED by Regent Wink, seconded by Regent Mickelson, to approve the resolution of recognition for Dr. Paul D. Turman to recognize his service to South Dakota’s system of public higher education. Motion passed. A copy of the Resolution of Recognition – Dr. Paul Turman can be found on pages ____to ____ of the official minutes Campus Community Forum The Board responded to questions from the campus community.

THURSDAY, DECEMBER 6, 2018

The Board reconvened at 7:30 a.m. Breakfast Meeting with Area Legislators Senator Brock Greenfield (District 2), Senator Al Novstrup (District 3), Representative Drew Dennert (District 3), Representative-elect Kaleb Weis (District 2), and Representative-elect Carl Perry (District 3) met with Board members to informally discuss priorities in the public university system. Topics included the upcoming legislative session and activities occurring on the Northern State University campus. Report and Action of Executive Session IT WAS MOVED by Regent Morgan, seconded by Regent Bastian, to dissolved into executive session at 9:10 a.m. on Thursday, December 6, 2018, to continue discussing personnel matters, contractual matters, and marketing or price strategies by a board of a business owned by the State when public discussion may be harmful to the competitive position of the business; that it rise from executive session at or around 10:00 a.m. to resume the regular order of business and act in public session on any recommended action it deems prudent as a result of its executive session deliberations. Motion passed.

The Board reconvened in public session at 10:10. Regent Morgan reported that while in executive session the Board discussed personnel matters, contractual matters, and marketing or price strategies by a board of a business owned by the State when public discussion may be harmful to the competitive position of the business, before rising from executive session at 10:10 a.m. to resume the regular order of business. While in executive session, the Board discussed the matters just described, with no recommended actions to report. ADJOURMENT IT WAS MOVED by Regent Bastian, seconded by Regent Morgan, to adjourn the meeting. Motion passed. The meeting adjourned at 10:10 a.m.

Secretary’s Executive Session Report

The Board convened in Executive Session pursuant to the vote of the majority of the Board present and voting at its public meeting on Tuesday, December 4, 2018, in accordance with SDCL 1-25-2 to discuss matters authorized therein. Following executive session, the Board will meet in open session to discuss and take official action on the matters set forth below, all other matters discussed were consistent with the requirements of SDCL 1-25-2, but no official action on them is being proposed at this time.

Recommended Actions:

2-A.1 – Approve the salary adjustments, appointments and clinical faculty rank requests as outlined in Attachment I.

2-A.2 – Deny NSU Faculty Grievance No. 2018-1.

2-A.3 – Approve the addendum to the employment contract for Thomas Otzelberger to extend the contract end date from June 21, 2021 to June 21, 2023, and accept the new terms as outlined in Attachment I, contingent and effective upon securing the commitment(s) outlined in Item 2-A(3).

2-A.4 – Approve the addendum to the employment contract for Aaron Johnston to extend the contract end date from June 21, 2021 to June 21, 2023, and accept the new terms as outlined in Attachment I, contingent and effective upon securing the commitment(s) outlined in Item 2-A(4).

2-A.5 – Approve the five year contract for John Stiegelmeier as found in Attachment II, at an annualized salary of $300,000 for the period of June 22, 2019 – June 21, 2024, contingent and effective upon securing the commitments outlined in Item 2-A(5).

2-A.6 – Award one (1) year of prior service credit toward tenure and one (1) year of prior service credit toward promotion for Audrey Miller (NSU); and award two (2) years of prior service credit toward tenure and two (2) years of prior service credit toward promotion for Hannah Walters (NSU).

2-A.7 – Approve the request to grant tenure to Dr. Lynn Sargeant (SDSU) as a Professor.

2-A.8 – Award an honorary Doctorate of Public Service to Mr. Larry Pearson (SDSMT) and an honorary posthumous Doctorate of Public Service to Mrs. Karen Swindler (SDSMT).

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ATTACHMENT I

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

January 25, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on January 18, 2019 with the following members in attendance: ROLL CALL: Lucas Lund – ABSENT David Mickelson – PRESENT Jim Morgan, Secretary – ABSENT Pam Roberts – PRESENT Randy Schaefer – ABSENT Jim Thares – PRESENT Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – PRESENT Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office and other members of the regental system. Regent Schieffer called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. APPROVAL OF THE AGENDA IT WAS MOVED by Regent Mickelson, seconded by Regent Thares, to approve the agenda with the removal of agenda item #3 SDSD Sale/Acquisition Resolution. ROLL CALL: Lund – ABSENT Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – ABSENT Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed.

2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, provided a status update of all Board of Regents sponsored bills. She noted that the first committee hearings were held this week on four of the Board’s bills:

• HB1037 (NSU regional sports complex) – Passed 17-1 in Joint Appropriations Committee; should be on House floor for debate Monday.

• HB1038 (demolish Scobey Hall at SDSU) – Passed 17-1 in Joint Appropriations Committee; should be on House floor for debate Monday.

• HB1045 (redefine campus security officers for SDRS purposes) – Passed 5-0 in House Retirement Laws Committee, placed on Consent Calendar; should be on House floor for action Monday.

• SB44 (SDSU land transactions) – Passed 14-2 in Joint Appropriations Committee; should be on Senate floor for debate Monday. SB40 (transfer ADRDL property at SDSU) – Posted for committee hearing Tuesday (Jan. 29) in Senate Agriculture & Natural Resources Committee.

• SB43 (SDSU Vet 2+2 program) – Posted for committee hearing Tuesday (Jan. 29) in Senate Agriculture & Natural Resources Committee.

• SB41(bond refinance savings)

Dr. Toman explained that today was the last day for each legislator to introduce an unlimited number of bills this session. As a result, there were 128 new bills filed today. She referenced new bills that will be of interest to the regental system:

• HB1087 – Promote intellectual diversity at certain institutions of higher education o Dr. Beran explained that he spoke with the bill’s sponsor Representative Sue

Peterson. He explained to her that the first half of the bill encapsulated all the things the Board has already embedded into policy. He said putting this into a bill makes this a litigious issue rather than a campus development issue. He also explained his concern over some significant reporting each year on activities that would qualify for intellectual diversity. His issues with these parts of the bill are (1) it is the equivalent of an unfunded mandate and (2) the reporting requests could be used against the institutions in some substantial ways. He also expressed concern about adding six required credit hours in history and government. He said if we instituted this bill, the Board’s recent effort to tighten up the required hours to graduation would limit the opportunity for students to exercise choice in their general education and electives. He said the goal of the effort would be better achieved with other activities on campus rather than a required course considering the Gen Z students’ preferred method of learning. He explained to Rep. Peterson that the Board has not yet taken a firm position.

• HB1150 – Establish a nonbeneficiary student scholarship program for certain students attending tribally controlled colleges and to make an appropriation therefor.

• SB116 – Provide for the transfer of funds from the future fund to the education enhancement trust fund for the purpose of funding needs-based grants.

• SB122 – Restrict the enactment of policies governing the possession of firearms at public institutions of higher education.

• SB140 – Provide for the increase of higher education enrolled members of the nine federally recognized tribes in South Dakota at regental institutions.

• HB1165 – Establish the South Dakota prepaid college program and to make an appropriation therefor.

• HB1166 – Prohibit the obligation recovery center from imposing a cost recovery fee on any debts owed within the Board of Regents system.

• HB1168 – Revise certain programs regarding the board of regents and promote efficiency in state government and to make an appropriation therefor.

Dr. Toman said Governor Noem released her revised budget proposal on Wednesday, January 23. She said there was limited adjustment to the Board of Regents’ budget and provided the changes of interest:

• An extra $100,000 dedicated to South Dakota Opportunity Scholarship to cover costs of home-schooled student eligibility.

• An adjustment from 2.3% (Daugaard) to 2.5% (Noem) for market salary increases for all permanent employees

• Additional general funds were identified to eliminate the recommended state-employee-paid health insurance premium.

Dr. Toman noted that the SDBOR Appropriations Committee Budget Hearing is scheduled for January 28-29. Dr. Monte Kramer, Vice President of Finance & Administration, explained that the Legislative Research Council just sent an additional request that institutions provide information about efficiencies and what institutions are doing to recruit on reservations. Additionally, they asked that the Board address the South Dakota Advantage, and he will be providing that information in the system portion of the presentation. Dr. Beran referenced HB1040, which allows home-schooled students to participate in the South Dakota Opportunity Scholarship program and applies the same criteria as it applies to students from accredited schools. He said because Governor Noem announced Wednesday that she recommends $100,000 to cover increased scholarship costs due to home-schooled students’ future eligibility, the bill will most likely pass. He explained that several legislators have asked him to be a proponent for the bill, and said he planned to show his support as the financials are accounted for and these students tend to be successful in higher education. The Board endorsed his supportive position. NSU President Downs referenced a comment made by a member of the Joint Appropriations Committee about including statutory language that would guarantee that the state will not be obligated to pay any maintenance and repairs costs on the Board’s building projects. Dr. Kramer noted that it would not be a problem for the NSU Sports Complex to have this statement included in legislative language, but it would be problematic to apply this broadly in statute as there are current projects that would be affected.

ADJOURN IT WAS MOVED by Regent Wink, seconded by Regent Bastian, to adjourn the meeting of the full Board at 4:30 p.m. ROLL CALL: Lund – ABSENT Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – ABSENT Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed. Meeting adjourned.

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

February 1, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on February 1, 2019 with the following members in attendance: ROLL CALL: Lucas Lund – PRESENT David Mickelson – PRESENT Jim Morgan, Secretary – ABSENT Pam Roberts – PRESENT Randy Schaefer – PRESENT Jim Thares – PRESENT* Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – PRESENT *Regent Thares joined after the roll call was taken. Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office and other members of the regental system. Regent Schieffer called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. 2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, explained that yesterday was the end of Week 4 and the final day for bill introduction. There have been 460 bills total filed in the House and Senate, which is fewer than average. She said this week the Board of Regents had its Appropriations Committee Budget Hearing on January 28-29 and that staff are working on the information requests from legislators as a result. She also said Regent Lucas Lund was in Pierre Thursday for his confirmation hearing before the Senate Education Committee. After an introduction by Dr. Beran, brief remarks by Regent Lund, and several questions from the committee, Regent Lund was recommended for confirmation by the full Senate on a committee vote of 6-0. The full Senate will act on Regent Lund’s confirmation on Tuesday. Because of his out-of-state business commitments, Regent Mickelson’s confirmation hearing will be scheduled at a later date. Dr. Toman provided a status update of all Board of Regents sponsored bills. She noted that the first of our BOR bills is through the legislative process and on its way to Governor Noem for her consideration:

• HB1037 (NSU regional sports complex) – Passed 31-2 in the Senate on Thursday. Bill is through both bodies with no amendments and on its way to Gov. Noem. As a reminder, the Governor has five business days once a bill reaches her desk to sign, veto, or allow a bill to become law without her signature.

• HB1038 (demolish Scobey Hall at SDSU) – Awaits a final Senate vote and then should be headed to the Governor’s desk.

• HB1045 (redefine campus security officers for SDRS purposes) – Already through the House, awaits a hearing in Senate Retirement Laws Committee on Tuesday. This bill has been non-controversial.

• SB44 (SDSU land transactions) – Already through the Senate and posted for final action Tuesday on the House floor. Should be headed to the Governor after that.

• SB40 (transfer ADRDL property at SDSU) – This bill has been non-controversial and passed on the non-debate Consent Calendar in the Senate. It is pending a hearing in House Agriculture & Natural Resources Committee.

• SB43 (SDSU Vet 2+2 program) – Passed 32-1 on the Senate floor Thursday. Needs to make its way through the House, but no House committee hearing posted yet.

• SB41 (bond refinance savings) – No activity to date on this bill. Dr. Toman pointed to three other bills that are of interest to the regental system:

• HB1087 – Promote intellectual diversity at certain institutions of higher education o Dr. Beran explained that this bill is scheduled for its first hearing Wednesday (Feb.

6) in the House Education Committee. He shared information on the bill’s draft talking points and described the essence of the bill, explaining that it has us going about the issues in ways that preclude appropriate analysis, create unfunded mandates for the universities, and have a variety of unintended consequences for students.

o Regent Schieffer noted that he drafted a letter outlining his feedback on this bill. He noted that he shared this letter with regents individually, and suggested that Dr. Beran share the letter with presidents as well.

o Dr. Beran as well as Regent Roberts and Wink complimented Regent Schieffer on the letter.

o Regent Wink asked several questions about the sections of the bill that dealt with course requirements and the civics test requirements and how those overlap with high school requirements. She also queried as to whether the Senate and House Education Committees understood the intensive process of restructuring the general education curriculum the system recently undertook. Dr. Beran explained that he included an explanation of this effort in his recent presentations to the education committees.

o Regent Schieffer asked for a formal Board position on HB1087. IT WAS MOVED by Regent Wink, seconded by Regent Schaefer, to oppose HB1087. ROLL CALL: Lund – AYE Mickelson – AYE

Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed.

o Dr. Beran described his conversation with Speaker of the House Haugaard about the bill.

o Dr. Toman said that over the next several days the focus, including Cracker Barrels and others, will be to speak with members of the House Education Committee.

o General Counsel Lukkes reiterated the importance of reaching out to the House Education Committee members and asked for help from the regents and presidents in this effort.

• SB122 – Restrict the enactment of policies governing the possession of firearms at public

institutions of higher education. o General Counsel Lukkes said as drafted this bill allows firearms possession

everywhere on the public university and technical institute campuses. No restrictions would be allowed by Board policy beyond limitations and restrictions set forth in law. He said he is talking with the lobbyist for the technical institutes about their strategy on this. This bill has not yet been scheduled for a hearing. It is assigned to Senate Judiciary Committee, which will be a difficult place to get it killed.

o Regent Schieffer recommended we oppose SB122 and asked for a formal vote. IT WAS MOVED by Regent Schieffer, seconded by Regent Mickelson, to oppose SB122. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed.

o In response to a question from Regent Schaefer about which legislators from university communities they should talk to, General Counsel Lukkes gave

suggestions and said he would be following up with individual calls to regents and presidents.

o Additionally, General Counsel Lukkes noted that the NRA is standing down on this bill, which is helpful

o Regent Schieffer said the fact that the NRA is standing down is significant and this should be included in our talking points.

• SB116 – Provide for the transfer of funds from the future fund to the education

enhancement trust fund for the purpose of funding needs-based grants. o Dr. Toman explained that as introduced this bill filed by several Democratic

legislators seeks to take $5 million from the Future Fund and place it in the Education Enhancement Trust Fund for needs-based grants to college students. The bill had its first hearing Thursday. The Noem administration opposes the bill for its raid on Future Fund monies, which are normally dedicated to research and state economic development purposes. During the hearing, Sen. Jeff Partridge agreed that finding more money for needs-based grants was important. He amended the appropriation in the bill to $1, positioning this bill as a ‘placeholder’ for further discussions about needs-based funding as the session progresses. If money is found in the state budget to support this, it may come as amendments to this bill. For now, the bill is pending further action in the Senate Appropriations Committee.

o Dr. Beran said he and Sen. Partridge have been in communication and plan to speak first thing Tuesday morning about strategies and where the money will come from. He said this is in forward motion.

o Regent Schieffer said we will need a lot of help on this effort when the time comes. ADJOURN IT WAS MOVED by Regent Wink, seconded by Regent Lund, to adjourn the meeting of the full Board at 4:40 p.m. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed. Meeting adjourned.

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

February 8, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on February 8, 2019 with the following members in attendance: ROLL CALL: Lucas Lund – PRESENT David Mickelson – PRESENT Jim Morgan, Secretary – PRESENT Pam Roberts – PRESENT Randy Schaefer – PRESENT Jim Thares – PRESENT Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – ABSENT Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office and other members of the regental system. Regent Bastian called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. 2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, explained that it is the end of Week 5, and today (Day 20) is the halfway point of the 40-day legislative session. Regent David Mickelson was in Pierre Thursday for his confirmation hearing before the Senate Education Committee. Regent Mickelson was recommended for confirmation on a committee vote of 7-0. The full Senate voted Friday to confirm Regent Mickelson. Before briefing the Board on other bills, Dr. Toman provided an update on a few bills the Board has been tracking .

• HB1040 – Allows home-schooled students to participate in the South Dakota Opportunity Scholarship program, applying the same criteria (24 ACT and completion of identified coursework) as it applies to students from accredited schools. House concurred Thursday in Senate amendments to the bill and it is now through the legislative process. It is headed to Gov. Kristi Noem, who is expected to sign it.

• SB140 – This bill, introduced by Sen. Troy Heinert, “authorizes and encourages” BOR to develop programs to increase enrollment, improve retention, and offer student support for students from the nine federally recognized Indian tribes in South Dakota. It also encourages “exploration and development of tuition assistance or waiver programs.” Dr.

Beran spoke as a proponent of the bill, indicating his interest to work with tribal colleges on initiatives to support American Indian students. The bill passed out of the Senate Education Committee 7-0 and is pending action on the Senate floor.

Dr. Toman provided a status update of all Board of Regents sponsored bills:

• HB1037: NSU sports complex – This bill is through both houses and was signed by the Governor on Friday.

• HB1038: Demolish Scobey Hall at SDSU – This bill is through both houses, has been signed by the presiding officer of both bodies, and is awaiting delivery to the Governor.

• HB1045: Redefine campus security officers for SDRS purposes – Passed by the Senate 32-0 Thursday, which was the final legislative action needed on this bill. Once it is signed by the presiding officers, it will be sent to the Governor’s Office for her consideration. An identical bill (SB42) filed on the Senate side was no longer needed after HB1045 made its way through the legislative process, and so was tabled.

• SB40: ADRDL transfer to Animal Industry Board – This bill is through the Senate and will be heard Tuesday morning (7:45 a.m., Feb. 12) in House Agriculture & Natural Resources Committee.

• SB41: Bond savings to HEFF – At the request of our office, this bill was TABLED by the Senate Appropriations Committee today (Friday).

• SB43: SDSU Vet 2+2 – This bill is through the Senate and will be heard Tuesday morning (7:45 a.m., Feb. 12) in House Agriculture & Natural Resources Committee.

• SB44: SDSU Land Transactions – The House adopted a ‘friendly amendment’ removing Section 6 from the bill, as requested by the Office of School and Public Lands, so it must return for Senate concurrence on that change. Should be headed to the Governor after that.

Dr. Toman provided updates on a few additional bills of interest to the regental system:

• HB1087 (Promote intellectual diversity at certain institutions of higher education) – In the House Education Committee Wednesday, this measure was approved on a 9-6 vote, as amended. The amendment from bill sponsor Rep. Sue Peterson does only one thing to substantively change any of our concerns. It adjusts implementation of the civics test and the new 6-credit course requirement to apply to students enrolling as freshman beginning July 1, 2019, as opposed to the across-the-board application as of January 1, 2020. The bill is scheduled for a floor debate and action in the House of Representatives Monday afternoon (Feb. 11).

o General Counsel Lukkes said the Board continues to oppose the bill in its current form. We are optimistic that there could be a compromise position that could accomplish the goals of the bill’s sponsors and the Board.

o President Dunn asked if there had been any word about an amendment to be added to limit the work of the campus diversity offices. Board staff said although there was a significant data request related to diversity offices, we do not believe there is a planned amendment to this bill related to diversity offices.

• SB122 (Restrict the enactment of policies governing the possession of firearms at public institutions of higher education) – This bill is scheduled for its first committee hearing in Senate Judiciary Committee on Tuesday, Feb. 12.

o General Counsel Lukkes, said given the committee’s makeup, it is expected this bill will pass favorably to the Senate floor. As drafted, this bill allows firearms possession everywhere on the public university and technical institute campuses. No restrictions would be allowed by Board policy beyond limitations and restrictions set forth in law. He said we will be opposing this ‘all-in’ approach and urged presidents and regents to lobby their local legislators.

o Regent Morgan asked for clarification that stadiums would be included. Dr. Toman said they are included.

Dr. Toman noted that the Students in Higher Education Days (SHED) will be in Pierre on Sunday and Monday (February 10-11), which is good timing for the bills being taken up that involve them and their campuses. Additionally, Human Resources Director Kayla Bastian will be monitoring the appropriations committee meeting on Tuesday as they will be discussing employee compensation. ADJOURN IT WAS MOVED by Regent Morgan, seconded by Regent Thares, to adjourn the meeting of the full Board at 4:25 p.m. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – AYE Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – ABSENT Motion Passed. Meeting adjourned.

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

February 15, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on February 15, 2019 with the following members in attendance: ROLL CALL: Lucas Lund – PRESENT David Mickelson – PRESENT Jim Morgan, Secretary – ABSENT Pam Roberts – PRESENT Randy Schaefer – PRESENT Jim Thares – PRESENT Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – PRESENT Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office and other members of the regental system. Regent Schieffer called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. IT WAS MOVED by Regent Wink, seconded by Regent Thares, to approve the agenda. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed.

SOUTH DAKOTA SCHOOL FOR THE DEAF SALE/ACQUISITION Nathan Lukkes, Board of Regents General Counsel, provided an update on the status of the South Dakota School for the Deaf (SDSD) property in Sioux Falls since the Board approved the report and recommendations of the SDSD Task Force at its December 2017 meeting and HB1064 was approved and signed into law by Governor Daugaard during the 2018 Legislative Session.

He explained that after an extensive search for suitable properties for the SDSD, which included two failed attempts at selling the existing SDSD property and acquiring an alternate property, the best course of action for all parties involved is to sell the extraneous SDSD land (i.e., track and football field), which was appraised at $1,778,000 in July of 2017, and renovate the existing SDSD building(s) to better accommodate the SDSD and additional tenants, to include approximately 23,000 sq. ft. for the Department of Health, which is consistent with one of the options outlined in the 2017 SDSD Task Force Report. The specifics of the lease agreement with the Department of Health will be solidified once the renovation plan/budget is established, but it is anticipated that the original lease term will be ten (10) years, with two optional five (5) year renewals terms.

General Counsel Lukkes said the timeline associated with the sale/renovation and the Department of Health’s occupancy do not allow adequate time to work through the process of selling the extraneous land before starting the renovation, which causes a cash flow issue. Consequently, approval is being sought to use a portion (up to but not to exceed $1.7 million) of the Board’s reserve funds (approximately $3 million) to provide for the interim financing of the renovations, which will be repaid from either the Department of Health, or a combination of the Department of Health and the proceeds of the land sale.

Section 3 of HB1064 authorizes the sale of the relevant property by way of public auction or sealed bids, with the proceeds of the sale to be deposited into the real property acquisition and capital improvement fund for the SDSD, as provided in §§ 5-2-2.1 to 5-2-2.3, inclusive. Sections 6 and 7 of HB1064 authorize the Board of Regents to undertake renovations to the facilities as required to enhance the operations of the SDSD and/or to adapt for commercial leasing portions of the facilities not used by the SDSD, to include the appropriation of the aforementioned funds to the Board of Regents for such purposes. The renovation and repayment of the interim financing from the SDSD land sale proceeds is consistent with the authorization contained in HB1064.

He further explained that the Office of the State Engineer has been engaged throughout the process that has unfolded to date. Once the initial planning is complete and the renovation plan/budget known, the determination will be made as to whether or not a building committee pursuant to BOR Policy 6:5 will be necessary. If the renovation costs will exceed $1.5 million a building committee will be formed and the procedures set forth in BOR Policy 6:4 and 6:5 will be followed. IT WAS MOVED by Regent Bastian, seconded by Regent Roberts, to approve the use of the Board’s reserve funds to provide interim financing for the renovation of the SDSD facility, to be repaid from the proceeds from the sale of the extraneous SDSD land, and further approve proceeding with all actions necessary and appropriate to accommodate the renovation, lease and sale contemplated herein.

ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed. NORTHERN STATE UNIVERSITY / SOUTH DAKOTA SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED PLAT RESOLUTION Nathan Lukkes, Board of Regents General Counsel, explained that the property subject to the requested plat is where the new South Dakota School for the Blind and Visually Impaired (SDSBVI) is being built. The Board approved the preliminary facility statement and facility program plan for the construction of the new SDSBVI at its October 2017 meeting. Currently, this entire area is one plat known as Outlot 1 of R.E. Huffman Outlots. The entirety of this property is currently under the control of Northern State University (NSU), but upon completion of the new SDSBVI in late 2019, the new SDSBVI, as well as the land (Lot 1 of the new NSU-SDSBVI Addition to the City of Aberdeen), will be transferred to the SDSBVI in exchange for the land where the school currently sits. This exchange was approved in HB1071 during the 2018 legislative session. This updated plat separates the property into two parcels (Lots 1 and 2) to correctly reflect the portion of land to be retained by NSU and the portion that will be transferred to the SDSBVI.

The request for the plat was prompted when Journey Construction assembled the necessary information to file the Notice of Project Commencement with Brown County. At that time it was determined the current legal description was insufficient to adequately identify the construction site and prevent any unnecessary issues pertaining to the filing of subsequent documents associated with the construction. IT WAS MOVED by Regent Lund, seconded by Regent Thares, to approve and adopt the Resolution set forth in Attachment I, requesting the Commissioner of School and Public Lands to proceed with the plat as stated therein. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE

Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed. 2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, explained that it is the end of Week 6 of the legislative session. This coming week is an important deadline to get all bills out of committees and delivered to the house of origin. It’s also a long weekend away from Pierre for lawmakers. Both Friday and Monday are non-legislative days. Members of the Joint Appropriations Committee Thursday set revenue estimates for the remainder of the current budget year (FY19) and for the coming year (FY20), which now allows the committee to begin crafting a state budget. For the current budget year, lawmakers are counting on $3.7 million in additional revenue. For FY20, they adopted revenues about $5.6 million higher than the Governor’s recommended budget. The recommended salary policy and benefits package was proposed to joint appropriations earlier this week. The recommended salary policy is 2.5%, and the increase to the employer health premium is $1,601 per benefit eligible employee to a new rate of $10,071 per employee. The estimated cost of this is $7,780,860, approximated by BFM to be $3,088,644 in general funds, $4,042,402 other funds, and $649,814 in federal funds. The board staff is working on estimates as well. Before briefing the Board on other bills, Dr. Toman provided an update on a few bills the Board has been tracking .

• HB 1087 (promote intellectual diversity at certain institutions of higher education) – This bill has been pending action on the House floor since Monday. We have met with the bill’s sponsor and others several times to determine if there is a compromise middle ground. On Thursday, sponsor Rep. Sue Peterson offered an amendment that does not significantly change her original bill, except to eliminate the sections requiring 6 credits of specified college courses and passing a citizenship test. After the House placed the Peterson amendment on the bill, further floor action was deferred until Tuesday.

• SB 122 (restrict the enactment of policies governing the possession of firearms at public institutions of higher education) – With testimony from one proponent (SD Gun Owners group) and 10 opponents, this bill passed out of the Senate Judiciary Committee Tuesday on a 4-3 vote. The bill’s sponsor, Sen. Russell, has been away from the Capitol due to illness, so further action on the Senate floor is deferred until next Tuesday.

• SB 116 (provide for the transfer of funds from the future fund to the education enhancement trust fund for the purpose of funding needs-based grants) – As first introduced, this bill would take $5 million from the Future Fund and place it in the Education Enhancement Trust Fund for needs-based grants to college students. The Noem administration opposes

that for its raid on Future Fund monies, which are normally dedicated to research and state economic development purposes. Sen. Jeff Partridge amended the appropriation in the bill to $1, positioning it as a ‘placeholder’ for further discussions about needs-based funding as the session progresses. There has been no further committee action on this bill.

Dr. Toman provided a status update of all Board of Regents sponsored bills:

• HB 1037 (NSU regional sports complex) – Signed by the Governor Feb. 8.

• HB 1038 (demolish Scobey Hall at SDSU) – Signed by the Governor Feb. 13.

• HB 1045 (redefine campus security officers for SDRS purposes) – This bill has been delivered to the Governor.

• SB 44 (SDSU land transactions) – Senate concurred in a minor House amendment this

week, and the bill is on its way to the Governor’s desk.

• SB 40 (transfer ADRDL property at SDSU) – This bill passed the House Agriculture & Natural Resources Committee 12-0 on Tuesday and is pending final action on the House floor.

• SB 43 (SDSU Vet 2+2 program) – This bill passed the House Agriculture & Natural Resources Committee 12-0 on Tuesday and is pending final action on the House floor.

• SB 41 (bond refinance savings) – At the request of our office, this bill was TABLED by the Senate Appropriations Committee.

Dr. Toman provided updates on a few additional bills of interest to the regental system:

• HB 1040 – Allows home-schooled students to participate in the South Dakota Opportunity Scholarship program, applying the same criteria (24 ACT and completion of identified coursework) as it applies to students from accredited schools. Gov. Noem signed this bill into law on Thursday.

• SB 140 – This bill “authorizes and encourages” BOR to develop programs to increase

enrollment, improve retention, and offer student support for students from the nine federally recognized Indian tribes in South Dakota. It also encourages “exploration and development of tuition assistance or waiver programs.” SB140 passed the Senate floor unanimously on Monday.

ADJOURN IT WAS MOVED by Regent Thares, seconded by Regent Roberts, to adjourn the meeting of the full Board at 4:34 p.m.

ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – AYE Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed. Meeting adjourned.

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

February 22, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on February 22, 2019, with the following members in attendance: ROLL CALL: Lucas Lund – PRESENT David Mickelson – PRESENT Jim Morgan, Secretary – PRESENT Pam Roberts – PRESENT Randy Schaefer – ABSENT Jim Thares – PRESENT Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – PRESENT Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office and other members of the regental system. Regent Bastian called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. 2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, said it is the end of Week 7 of the legislative session. Committees were busy this week, and we expect the bill load to be heavy on the House and Senate floors early next week. Monday is the final day for House bills to pass the House and Senate bills to pass the Senate. Dr. Toman and Nathan Lukkes offered updates on three bills we are keeping close track of: • HB 1087 (promote intellectual diversity at certain institutions of higher education) – This bill

passed favorably off the House floor Tuesday on a vote of 44-24. As amended, we still have grave concerns about this measure becoming law. The bill has been sent to the Senate, where it will be first heard in the Senate State Affairs Committee. It will be important that legislators in Senate State Affairs Committee representing campus communities are contacted about our concerns.

• SB 122 (restrict the enactment of policies governing the possession of firearms at public institutions of higher education) – This bill failed on a vote of 10-24 in the Senate floor Tuesday. After lengthy debate on the Senate floor, we picked up a few more ‘no’ votes from senators. Please be sure to let senators who voted against this bill know that we appreciate their support of our position.

• SB 116 (provide for an annual transfer of certain unobligated state general funds for the purpose of funding needs-based grants) – This bill was amended Thursday in Senate Appropriations Committee to allow for the annual transfer of certain unobligated state general funds to support needs-based grants to college students. Further amendments will be needed to get this bill in better form. This bill should be discussed on the Senate floor on Monday, February 25, 2019. In current form it would provide $1 million of funding over four years, and would require a match from the institutions.

In other legislative action, House Bill 1244 to add public officials’ memoranda, working papers, phone logs, and e-mail to the definition of public records was killed on a 10-1 vote in House State Affairs Wednesday. Dr. Monte Kramer reported that Rep. Chris Karr has decided not to pursue legislation this year that might limit state funding of BOR maintenance and repair projects. On Wednesday, Gov. Noem signed into law SB 44 authorizing several SDSU land ownership transactions. Since the bill carried an emergency clause, the bill is effective immediately. Two other bills involving SDSU matters, transfer of the Animal Disease Research and Diagnostic Laboratory to the Animal Industry Board and authorizing the Vet 2+2 program, are still pending final action on the House floor. All other Board of Regents pre-filed bills are through the legislative process. ADJOURN IT WAS MOVED by Regent Schieffer, seconded by Regent Wink, to adjourn the meeting of the full Board at 4:31 p.m. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – AYE Roberts – AYE Schaefer – ABSENT Thares – AYE Wink – AYE Bastian – AYE Schieffer – AYE Motion Passed. Meeting adjourned.

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

March 1, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on March 1, 2019, with the following members in attendance: ROLL CALL: Lucas Lund – ABSENT David Mickelson – PRESENT Jim Morgan, Secretary – PRESENT Pam Roberts – ABSENT Randy Schaefer – PRESENT Jim Thares – ABSENT Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – PRESENT Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office; and other members of the regental system. Regent Schieffer called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. 2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, said it is the end of Week 8 of the legislative session. The bill load has become considerably lighter after a busy ‘crossover day’ on Monday, which was the deadline for bills to be handled in the house of origin. The legislative process now speeds up considerably as lawmakers move into the last seven days of the main run of the session. Next Thursday is the deadline for bills to pass out of the final house. Dr. Toman offered congratulations to the 14 undergraduate student researchers who joined us Thursday for the Student Research Poster Session in the Capitol Rotunda. The students represented all six of our public universities, along with Oglala Lakota College and the University of Sioux Falls. They were competitively chosen to demonstrate their research projects in Pierre. Their work and research are impressive. Dr. Toman, Dr. Beran, and Nathan Lukkes shared updates on the following bills of most importance to the system: HB 1087 (promote intellectual diversity at certain institutions of higher education) – This bill was killed Wednesday in Senate State Affairs Committee, after a vote of 6-3 to defer it to the 41st day. Testimony in opposition to the measure was led off by Dr. Beran and General Counsel Lukkes, along with supporting opposition testimony from SDSU Student Association officers Allyson

Monson and Spencer Harwood, President Gestring, President Dunn, President Griffiths, and President Downs. The senators who voted with us against this measure were senators Ewing, Bolin, Novstrup, Youngberg, Heinert, and Kennedy. SB 116 (create the Dakota promise fund, provide Dakota promise grants, and to make an appropriation) – This bill was further amended on the Senate floor Monday. It now provides one-time funding of $1 million to establish a pilot Dakota Promise Fund for needs-based student support. The amendment maintains the concept of requiring matching institutional support for these grants and includes students from BOR, as well as students from private and accredited four-year degree-granting institutions, as those who are eligible. We expect the bill to be heard next week in the House Education Committee. Another bill we are supporting in the legislative process is SB 140. This bill authorizes and encourages BOR to develop programs to increase enrollment, improve retention, and offer student support for students from the nine federally recognized Indian tribes in South Dakota. It also encourages “exploration and development of tuition assistance or waiver programs.” Dr. Beran and President Dunn testified in support of the bill Wednesday. SB140 was passed by the House Education Committee 11-3 and is pending action on the House floor. Final action on the remaining Board of Regents’ pre-filed bills occurred this week. SB 40, a bill to transfer the Animal Disease Research and Diagnostic Laboratory (ADRDL) property at SDSU to the Animal Industry Board during construction and renovation projects, received final approval 66-3 on the House floor Tuesday and is headed to the Governor’s desk. Additionally, SB 43 to authorize the SDSU veterinary science 2+2 program received final approval 66-3 on the House floor Tuesday and is also headed to the Governor’s desk. The direction on the budget is the same, 2.5% salary policy, the cost increase for employer paid health insurance is $1,600 per benefit eligible, Board staff is working on what those increases would result in for requests for tuition and fees. Senator Partridge has been requesting information on expanding the REED network from east to west. RIS staff assessed a $2.5 million need for the expansion. ADJOURN IT WAS MOVED by Regent Schaefer, seconded by Regent Wink, to adjourn the meeting of the full Board at 4:20 p.m. ROLL CALL: Lund – ABSENT Mickelson – AYE Morgan – AYE Roberts – ABSENT Schaefer – AYE Thares – ABSENT Wink – AYE Bastian – AYE

Schieffer – AYE Motion Passed. Meeting adjourned.

BOARD OF REGENTS MINUTES OF THE MEETING

Board of Regents Central Office (Teleconference) Pierre, South Dakota

March 8, 2019 The South Dakota Board of Regents convened by teleconference at 4 p.m. Central Time on March 8, 2019, with the following members in attendance: ROLL CALL: Lucas Lund – PRESENT David Mickelson – PRESENT Jim Morgan, Secretary – ABSENT Pam Roberts – PRESENT Randy Schaefer – ABSENT Jim Thares – PRESENT Joan Wink – PRESENT John Bastian, Vice President – PRESENT Kevin Schieffer, President – ABSENT Also present were Dr. Paul B. Beran, Executive Director and CEO; members of the system office; and other members of the regental system. Regent Bastian called the public meeting of the Board of Regents to order at 4 p.m. and declared a quorum present. 2019 LEGISLATIVE SESSION UPDATE

Dr. Janelle Toman, System Director of Communications, said it is end of Week 9 of the legislative session. Only three days next week remain in the main run of the 94th legislative session. Yesterday was the final day for bills to pass both houses of the Legislature, so it was a long day. For the time remaining, the focus will be on conference committees, where negotiators work out differences between the House and Senate on certain bills, plus getting the state budget finalized. System Vice President for Finance and Administration Monte Kramer reported we were in Joint Appropriations Committee on Thursday for budget setting for most of the cost centers within the Board of Regents’ budget. Budget lines were approved for the following cost centers: SDSD, SDSBVI, USD, USD law and medical schools, SDSU, SDSU Extension, Agricultural Experiment Station, SDSM&T, NSU, BHSU, and DSU. What remains to be determined are final budget numbers for the BOR Central Office (final decisions needed on Maintenance and Repair) and Scholarships (re: Opportunity Scholarship funding). There were no unexpected adjustments to our budget this week. The last of the budget setting for BOR, and consideration of the state’s general budget bill, should happen Monday or Tuesday in Joint Appropriations Committee.

Dr. Toman, Dr. Beran, and Nathan Lukkes shared updates on the following bills of most importance to the system:

HB 1087 (promote free speech and intellectual diversity at certain institutions of higher education) – After first killing this bill, the Senate State Affairs Committee reconsidered that decision Monday and the bill was reposted Wednesday for another committee hearing. Considerable discussion occurred behind the scenes with the bill’s sponsors, various senators, and this office to determine if a compromise amendment could be agreed to. The bill was amended with language reflecting our preferences and passed in Senate State Affairs on a 6-3 vote. Yesterday, on the Senate floor the compromise version of the bill passed 26-7. The House must now concur in those Senate amendments Tuesday. At that point, the bill would be final and sent to the Governor, who is expected to sign it. SB 116 (create the Dakota promise fund, provide Dakota promise grants, and to make an appropriation) – In the House Education Committee Monday, this bill was further amended to eliminate the $1 million appropriation. It was sent to the House floor for further debate. Yesterday, the House failed to pass the bill by the two-thirds vote necessary to approve a dedicated fund. The vote was 37-28, but would need 47 votes to pass. Another bill we are supporting in the legislative process is SB 140. The original bill authorized and encouraged BOR to develop programs to increase enrollment, improve retention, and offer student support for students from the nine federally recognized Indian tribes in South Dakota. When it reached the House floor Wednesday, some House members questioned whether such a law was needed for the Board to work with tribal entities. At first the bill failed but was reconsidered and amended. The new amendments require annual reports from BOR as to activities and progress, beginning July 1, 2020, and eliminated the bill’s original language that “encouraged” BOR to develop programs. It also eliminated language authorizing “development” of tuition assistance or waiver programs. The remaining language only says the Board may explore such programs. After these amendments were approved, the bill passed 52-12. The Senate will consider the House amendments Monday and whether to concur in those changes. ADJOURN IT WAS MOVED by Regent Wink, seconded by Regent Mickelson, to adjourn the meeting of the full Board at 4:17 p.m. ROLL CALL: Lund – AYE Mickelson – AYE Morgan – ABSENT Roberts – AYE Schaefer – ABSENT Thares – AYE Wink – AYE Bastian – AYE Schieffer – ABSENT Motion passed. Meeting adjourned.