South Dakota Administrative Code

Rule 24:05:32:08 Repealed. 24:05:32:08. Program funds to be spent equally.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:09 Repealed. 24:05:32:09. Costs, if averaged, may differ.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:10 Repealed. 24:05:32:10. Information to be included in application.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:11 Proscribed use of funds. 24:05:32:11. Proscribed use of funds. A school district may not use IDEA Section 619 Preschool or Part B funds for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at t…

Rule 24:05:32:12 Proscribed use of funds for benefit of private school. 24:05:32:12. Proscribed use of funds for benefit of private school. A school district may not use IDEA Section 619 Preschool or Part B funds to finance the existing level of instruction in a private school or…

Rule 24:05:32:13 Personnel use authorized. 24:05:32:13. Personnel use authorized. A school district may use IDEA Section 619 Preschool and Part B funds to make public personnel available in other than public facilities to the extent necessary to provide services designed for stud…

Rule 24:05:32:14 Use of private school employees authorized. 24:05:32:14. Use of private school employees authorized. A school district may use IDEA Section 619 Preschool or Part B funds to pay for the services of an employee of a private school if the employee performs the servi…

Rule 24:05:32:15 School district to maintain control of property, equipment, and supplies. 24:05:32:15. School district to maintain control of property, equipment, and supplies. A school district shall control and administer the funds used to provide special education and related…

Rule 24:05:32:16 Equipment and supplies to be removed from private schools upon cessation of need. 24:05:32:16. Equipment and supplies to be removed from private schools upon cessation of need. The school district shall remove equipment and supplies from a private school if the e…

Rule 24:05:32:17 Use of program funds for repairs, minor remodeling, or private construction proscribed. 24:05:32:17. Use of program funds for repairs, minor remodeling, or private construction proscribed. A school district shall ensure that IDEA Section 619 Preschool or Part B f…

Rule 24:05:32:18 Repealed. 24:05:32:18. School district responsibility.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:33:01 Repealed. 24:05:33:01. Computation of tuition for nonresident students.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:33:02 Repealed. 24:05:33:02. Proration of tuition of child in two programs.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:33:03 Repealed. 24:05:33:03. Maximum rates for related services.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:33:04 Repealed. 24:05:33:04. Tuition for foster care students paid by state.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:33:05 Repealed. 24:05:33:05. Out-of-state placements -- Division to approve placement.Repealed. Source: 16 SDR 41, effective September 7, 1989; 18 SDR 158, effective March 31, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000. R…

Rule 24:05:33:05.01 Repealed. 24:05:33:05.01. Time limit for written statements.Repealed. Source: 18 SDR 158, effective March 31, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:33:06 Repealed. 24:05:33:06. Composition of state review committee.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:33:07 Repealed. 24:05:33:07. Allowable costs -- Special education funds.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 198, effective July 1, 1993; 23 SDR 31, effective September 8, 1996; repealed, 23 SDR 31, January 1, 1997. Rule 24:05:33:07.01 Repea…

Rule 24:05:33:07.01 Repealed. 24:05:33:07.01. Allowable costs -- General fund.Repealed. Source: 19 SDR 198, effective July 1, 1993; 23 SDR 31, effective September 8, 1996; repealed, 23 SDR 31, effective January 1, 1997.

Rule 24:05:33:07.02 Allowable costs -- Special education fund. 24:05:33:07.02. Allowable costs -- Special education fund. The special education fund of a school district may be used to pay the costs for special education of all children in need of special education or special edu…

Rule 24:05:33:07.03 Cooperative educational service unit costs. 24:05:33:07.03. Cooperative educational service unit costs. A school district may pay, from state and local dollars deposited into the district's special education fund, the following costs incurred by a cooperative …

Rule 24:05:33:08 Repealed. 24:05:33:08. Limitation on administration reimbursement.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 19 SDR 198, effective July 1, 1993.

Rule 24:05:33:09 Repealed. 24:05:33:09. Calculation of total allowable costs of special education.Repealed. Source: 16 SDR 41, effective September 7, 1989; 18 SDR 158, effective March 31, 1992; 20 SDR 45, effective October 6, 1993; 23 SDR 31, effective September 8, 1996; repealed…

Rule 24:05:33:10 Repealed. 24:05:33:10. Allowable costs for payments to nonpublic special education service providers.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:33:11 Repealed. 24:05:33:11. Allowable costs -- Out-of-state placements.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:33.01:01 Repealed. 24:05:33.01:01. Extraordinary Cost Oversight Board. Repealed. Source: 23 SDR 31, effective September 8, 1996; 40 SDR 102, effective December 4, 2013; SL 2019, ch 87, § 4, effective July 1, 2019.

Rule 24:05:33.01:02 Repealed. 24:05:33.01:02. Terms of board members. Repealed. Source: 23 SDR 31, effective September 8, 1996; SL 2019, ch 87, § 5, effective July 1, 2019.

Rule 24:05:33.01:03 Repealed. 24:05:33.01:03. Composition of board. Repealed. Source: 23 SDR 31, effective September 8, 1996; 33 SDR 236, effective July 5, 2007; SL 2019, ch 87, § 6, effective July 1, 2019.

Rule 24:05:33.01:04 Repealed. 24:05:33.01:04. Board alternates. Repealed. Source: 23 SDR 31, effective September 8, 1996; 33 SDR 236, effective July 5, 2007; SL 2019, ch 87, § 7, effective July 1, 2019.

Rule 24:05:33.01:05 Repealed. 24:05:33.01:05. Extraordinary costs. Repealed. Source: 23 SDR 63, effective January 1, 1997; repealed, 40 SDR 102, effective December 4, 2013.

Rule 24:05:33.01:06 Application. 24:05:33.01:06. Application. Eligible school districts must apply for extraordinary cost funds on forms provided by the secretary. An eligible school district may apply for extraordinary cost funds based on a high cost student, high cost program, …

Rule 24:05:33.01:07 Required documentation. 24:05:33.01:07. Required documentation. A school district's application for extraordinary cost funds must include the most recent statement of revenues, expenditures, and changes in fund balance, both budgeted and actual, for the portio…

Rule 24:05:33.01:08 Repealed. 24:05:33.01:08. Calculation of indirect costs. Repealed. Source: 23 SDR 63, effective January 1, 1997; 33 SDR 236, effective July 5, 2007; repealed, 40 SDR 102, effective December 4, 2013.

Rule 24:05:33.01:09 Maximum tax levy required. 24:05:33.01:09. Maximum tax levy required. To be eligible for extraordinary cost funds, a school district must levy the maximum amount allowed pursuant to SDCL 13-37-16. Source: 23 SDR 63, effective January 1, 1997; 40 SDR 102, effec…

Rule 24:05:33.01:10 No funding of prior fiscal year special education expenditures. 24:05:33.01:10. No funding of prior fiscal year special education expenditures. Extraordinary cost funds shall be used solely to fund special education expenditures referenced in this chapter whic…

Rule 24:05:33.01:11 Funds set aside for supplemental aid applications. 24:05:33.01:11. Funds set aside for supplemental aid applications. Ten percent of the total appropriation for extraordinary cost funds shall be set aside to fund applications for extraordinary cost funds for s…

Rule 24:05:33.01:12 Priority to high cost student applications. 24:05:33.01:12. Priority to high cost student applications. Priority for extraordinary cost funds, except for those funds allocated pursuant to § 24:05:33.01:11, shall first be given to applications for extraordinary…

Rule 24:05:33.01:13 Reconsideration of extraordinary cost fund application. 24:05:33.01:13. Reconsideration of extraordinary cost fund applications. If a school district's extraordinary cost fund application is denied in whole or in part by the secretary, the school district may …

Rule 24:05:33.01:14 Further guidelines and exhaustion of extraordinary cost funds. 24:05:33.01:14. Further guidelines and exhaustion of extraordinary cost funds. Nothing in this article prohibits the secretary from establishing further guidelines for application, approval, distri…

Rule 24:05:34:01 Repealed. 24:05:34:01. Payments for children for whom the state is responsible.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:34:02 Determination of educational program costs for in-state placement of children for whom the state is responsible. 24:05:34:02. Determination of educational program costs for in-state placement of children for whom the state is responsible. The school district in w…

Rule 24:05:34:03 Repealed. 24:05:34:03. Determination of educational program costs for out-of-state placements.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:34:04 Repealed. 24:05:34:04. Monitoring of out-of-state placements.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:35:01 District of residence responsible for educational program in juvenile detention facility. 24:05:35:01. District of residence responsible for educational program in juvenile detention facility. A school district containing a juvenile detention facility is responsi…

Rule 24:05:35:02 Repealed. 24:05:35:02. Educational agreement between juvenile detention facility and school district of residence.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:35:03 Repealed. 24:05:35:03. Juvenile detention facility is allowable cost.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:36:01 Scope of chapter. 24:05:36:01. Scope of chapter. This chapter addresses coordinated early intervening services funded through State Aid for Special Education under SDCL chapter 13-37. Nothing in this chapter is intended to modify any provision on chapter 24:05:19…

Rule 24:05:36:02 Coordinated early intervening services -- Funds available and students served. 24:05:36:02. Coordinated early intervening services -- Funds available and students served. A school district may use up to fifteen percent of the local need, as defined in SDCL 13-37-…

Rule 24:05:36:03 Application -- Submission 24:05:36:03. Application -- Submission. Applications referenced in SDCL 13-37-56 will be accepted by the department at any time during the school year. The department will review the application and make a determination pursuant to § 24:…