Title 13, EDUCATION

The secretary of the Department of Education shall establish guidelines for the application, approval, distribution, and expenditure of these funds and shall report annually to the Legislature on such expenditures. Source: SL 1995, ch 101 , § 7; SL 2003, ch 272 , § 63.

The amount set aside for extraordinary expenses may not be expended until the allocation of local need has been determined for each district and no more than one half of the amount set aside may be expended before January first of each year. Source: SL 1995, ch 101 , § 8. 13-37-4…

13-37-45 Allocation of undistributed appropriations. 13-37-46 Rules defining special education process--Appeal of local district's determinations--Hearing. 13-37-47 Promulgation of rules.

A school district's state aid for special education as calculated pursuant to § 13-37-36.1 shall be reduced by the amount that its ending special education fund balance exceeds twenty-five percent of its special education expenditures for the prior fiscal year or one hundred thou…

Any funds appropriated as state aid for special education that are not distributed according to § 13-37-36.3 shall be used to fund any shortfall of the appropriation provided for in § 13-13-73 . The remaining funds shall be allocated by the secretary of the Department of Educatio…

The secretary of the Department of Education shall promulgate and review rules which further define special education processes regarding student identification and the placement committee process. Any appeal of a local district's determination relating to special education or sp…

The secretary of the Department of Education may promulgate rules to implement the provisions of §§ 13-37-35.1 to 13-37-47 , inclusive. Source: SL 1995, ch 101 , § 24; SL 2003, ch 272 , § 63.

Any records related to the reporting of the child count of a public school district shall be subject to examination by the Department of Education at all times. Source: SL 1999, ch 90 , § 5; SL 2003, ch 272 , § 63.

If, in the department's examination of the child count, it is determined that the data was overreported, the department shall recover from the district's special education fund twice the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayme…

The Department of Education may promulgate rules pursuant to chapter 1-26 to define the various disabilities in this chapter. Source: SL 1999, ch 90 , § 11; SL 2003, ch 272 , § 63.

The Department of Education may promulgate rules pursuant to chapter 1-26 to provide for the reallocation of state aid to special education as provided for in § 13-28-9.1 . Source: SL 2001, ch 84 , § 3; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2013, ch 79 , § 19.

Up to fifteen percent of the local need as defined in subdivision 13-37-35.1 (18) may be used to develop and implement coordinated, early intervening services for students in kindergarten through grade twelve who are not currently identified as needing special education or specia…

A school district seeking to use funds pursuant to § 13-37-55 shall apply for approval for the use of such funds from the Department of Education on forms provided by the department. Source: SL 2013, ch 79 , § 2.

Any school district that uses funds pursuant to § 13-37-55 shall annually report to the Department of Education on: (1) The number of students who receive coordinated, early intervening services; and (2) The number of students who received early intervening services, and who subs…

The Board of Education Standards shall promulgate rules pursuant to chapter 1-26 establishing the application process, the application timelines, the criteria the department will use in approving a district's use of special education funds pursuant to § 13-37-55 , and the collect…

A school district that provides early intervening services pursuant to § 13-37-55 is not eligible for funding from the money set aside pursuant to § 13-37-40 within a period of three years following the expenditure of such funds. Source: SL 2013, ch 79 , § 5.

There is hereby established an Extraordinary Cost Oversight Board within the Department of Education. The board shall review all school district requests for extraordinary cost funds as provided in § 13-37-40 . The board shall meet at least once a year and recommend to the secret…

The oversight board established in § 13-37-60 shall consist of seven members. The membership shall include one member of the Legislature appointed by the Executive Board of the Legislative Research Council, and six members appointed by the secretary of education. The members appo…

Within thirty calendar days after the date on which the student is enrolled in a school district, the district must implement a new or revised plan under section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (January 1, 2025), a new or revised individualized family service plan …

Payments from state and local sources received by a school district for special education, including any state aid to education funds based upon tuition paid for children in need as provided in chapter 13-37 , shall be credited to the special education fund of the school district…

The cost of special education shall be the responsibility of the school district wherein the child in need of special education or special education and related services has school residence through its source of revenue provided in § 13-37-16 . Source: SL 1968, ch 51 , § 5 (3); …

The costs for special education and related services, as defined in rules promulgated by the South Dakota Board of Education Standards pursuant to chapter 1-26 , may be covered and available from accident and health insurers, nonprofit medical and surgical plans, health maintenan…

If appropriate bus service is not provided by a school district, the parents or guardian of any child in need of special education or special education and related services, when legally assigned, are eligible for necessary transportation compensation for their child as determine…

Terms used in this chapter, mean: (1) "Career and technical education," a contextual education model that employs career clusters and programs of study in preparing highly skilled students for success in postsecondary education and in-demand careers; (2) "Career clusters," a dist…

The secretary of education may cooperate with federal agencies in the administration of any acts of Congress relating to career and technical education. Source: SL 1965, ch 37 , § 2 (5); SL 1982, ch 147 , § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2012, ch 88 , § 18.

The secretary of education may enter into contracts and agreements with any agency of the United States government or any agency of the state government or its political subdivisions for the purpose of career and technical education, to receive grants of federal funds for career …

The secretary of education may distribute funds appropriated to the department by the Legislature or granted by any federal agency to the state in accordance with chapter 4-8B , for career and technical education in public secondary and technical colleges in the state in accordan…

The director shall prescribe a uniform system for gathering and reporting career and technical education data. Source: SL 1965, ch 37 , § 5 (6); SL 1982, ch 147 , § 18; SL 2012, ch 88 , § 21.

The provisions of this chapter do not apply to nonpublic secondary or postsecondary technical institutions except that the secretary of education and LEAs may enter into agreements with these schools and institutions to provide career and technical education. Source: SL 1965, ch …

For the purposes of providing career and technical education, all LEAs of this state may establish, in cooperation with the department, career and technical education programs by career clusters, as provided in this chapter, under terms and conditions agreed upon. Any LEA board m…

Anyone who may profit from the vocational education course to which the person applies may be enrolled upon application and acceptance in accordance with the provisions of §§ 13-39-1.2 to 13-39-29 , inclusive, and as prescribed by the South Dakota Board of Education Standards. So…

The secretary of education, through the director, may receive, acquire, have charge of, and operate all properties for the purposes authorized in this chapter. The secretary may acquire by gift, subject to the provisions of § 5-24-12 , or purchase real and personal property for t…

The school boards of two or more school districts may submit to the South Dakota Board of Education Standards a proposed plan to establish a multidistrict, career and technical academy. The proposal shall be consistent with the state plan for career and technical education and sh…

When the state board receives a proposed plan to establish a multidistrict, career and technical academy, the board shall examine the plan and may conduct hearings to receive evidence pertaining to the proposed multidistrict, career and technical academy. The state board may appr…

After approval of a plan pursuant to § 13-39-42 , all participating school districts of a multidistrict, career and technical academy shall enter into an agreement of participation which must receive a vote of approval by the school board of each participating school district. Pr…

A center board shall organize and administer a multidistrict, career and technical academy. A center board shall consist of at least five members but not more than a total of one member for each participating district, except that each participating school district with five hund…

If four or less school districts comprise a multidistrict, career and technical academy, and if enrollment within the school districts is insufficient to provide five members in accordance with § 13-39-44 , the boards of the school districts shall agree upon the number and manner…

The terms of office of the members of center boards shall be for three years and shall terminate on June thirtieth or as soon thereafter as their successors are appointed and qualify. At the initial organizational meeting of a center board, the initial terms of office of each mem…

All persons appointed to a center board shall qualify and assume office at the first regular meeting of a center board in July or the first regular meeting of a center board following their appointment by taking and subscribing to the oath as provided for regular school board mem…

The director shall call and conduct the initial organizational meeting of a center board. A center board shall meet at least monthly. At each July meeting, the center board shall select officers for the current school year. Source: SL 1973, ch 123 , § 12; SL 1982, ch 147 , § 42.

The officers of a center board shall be a chairman and a vice chairman, who shall not be from the same school district. The chairman shall preside at all meetings of a center board and in his absence the vice chairman shall preside. Source: SL 1973, ch 123 , § 11.

Each center board member shall be entitled to one vote. A majority of the members of a center board shall constitute a quorum. Any motion or resolution may be adopted only by a majority vote of the members of the center board. Source: SL 1973, ch 123 , § 11.

The center board may employ personnel to administer the affairs of the multidistrict center and the center board shall determine their duties. Source: SL 1973, ch 123 , § 11; SL 1982, ch 147 , § 43.

Multidistrict, career and technical academies are subject to the rules adopted by the state board pursuant to chapter 1-26 and to applicable statutory requirements of school districts. A center board has the same power, authority, responsibility, and obligations as a school board…

A center board may not issue bonds or levy a tax on its behalf. The participating school districts may provide funds for the purpose of construction, purchase, and lease of equipment and facilities. A participating district may make payments to a center board for the participatin…

For the purpose of paying any administrative, planning, operating, or capital expenses incurred or to be incurred, a center board shall assess each participating school district its proportionate share based upon its enrollment in grades nine through twelve as compared to the tot…