Terms, as used in this chapter, mean: (1)"Division," the Division of Insurance in the Department of Labor and Regulation; (2)"Educational scholarship," a grant to an eligible student to cover all or part of the7 tuition and fees at a qualifying school. The average value of all scholarships awarded8 by a scholarship granting organization may not exceed eighty-two and five-tenths9 percent of the state's share of the per student equivalent, as defined in § 13-13-10.1; (3)"Eligible student," any student who: (a)Is a member of a household whose total annual income, the year before the12 student enters the program, did not exceed one hundred fifty percent of the13 income standard used to qualify determine eligibility for a free or reduced- price lunch under the national free or reduced-price lunch program Richard B. 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB Russell National School Lunch Act, 42 U.S.C. 1751, et seq. If sufficient1 funding is available, once a student meets the initial income eligibility2 requirement, the student remains income eligible for three years or if the3 student is entering high school, until the student graduates from high school, regardless of household income. After the initial period of income eligibility, a student remains eligible if the student is a member of a household whose6 total annual income in the prior year did not exceed two hundred percent of7 the income standard used to qualify determine eligibility for a free or reduced- price lunch; (b)Received an educational scholarship under this program the preceding10 semester, attended a public school the preceding semester, is starting at a K-1211 school in South Dakota this state for the first time, or is entering kindergarten, first grade, or ninth grade; and13 (c)Resides in South Dakota this state while receiving the educational scholarship; (4)"Low-income eligible student," any student who is a member of a household whose15 total annual income, the year before the student enters the program, did not exceed16 one hundred percent of the income standard used to qualify determine eligibility for17 a free or reduced-price lunch under the national free or reduced-price lunch program Richard B. Russell National School Lunch Act, 42 U.S.C. 1751, et seq; (5)"Parent," any guardian, custodian, or other person with authority to act in place of a20 parent for the child; (6)"Program," the partners in education tax credit program established pursuant to this22 chapter; (7)"Qualifying school," any nonpublic school that operates within the boundaries of24 - 3 -SB South Dakota this state or any tribally controlled school on a federally recognized1 Indian reservation that operates within the boundaries of South Dakota this state, is2 accredited by the Department of Education, provides education to elementary or3 secondary students, and has notified a scholarship granting organization of its4 intention to participate in the program and comply with the program requirements. This term excludes any school that receives a majority of its revenues from public6 funds; (8)"Scholarship granting organization," a nonprofit organization that complies with the8 requirements of the program and provides educational scholarships to students.