Title 13 — EDUCATION

The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 governing the determination of the competency of braille instructors according to their education or experience. Source: SL 1991, ch 152 , § 3; SL 2017, ch 81 , § 57. 13-37-32 to 13-37-3…

13-37-35.2 Department to recalculate allocations for disability levels biennially. 13-37-36

Terms used in chapter 13-37 mean: (1) "Level one disability," a mild disability; (2) "Level two disability," cognitive disability or emotional disorder; (3) "Level three disability," hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or trauma…

The Department of Education shall recalculate the amounts of the allocations for the disability levels defined in §

13-37-36.2 Level five disability criteria. 13-37-36.3 Computation of state aid to districts for special education. 13-37-37 Monthly payment of state aid for special education. 13-37-38

To establish the school district special education fund statutory carryover, deduct from the total ending fund balance the amount of Title VIII of the Elementary and Secondary Education Act funds receipted or transferred to the special education fund. Source: SL 1997, ch 89 , § 4…

For the purpose of calculating state aid pursuant to this chapter, a level five disability shall meet criteria for at least two disability categories in levels two to four, inclusive, excluding the disability of deaf-blindness. Source: SL 1999, ch 90 , § 10; SL 2000, ch 87 , § 1;…

The secretary of the Department of Education shall compute state aid for special education for each school district according to the following calculations: (1) Calculate the local need of a school district; (2) State aid for special education is: (a) Local need minus local effor…

Payment from funds provided for state aid for special education in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first through December thirty - first, the total of the six payments shall be one - …

Temporary and executed 13-37-39

13-37-40.1 Certification required for funding. 13-37-41 Establishing guidelines for expenditure of state aid for special education--Annual report. 13-37-42 Limitation on expenditure of funds set aside for extraordinary expenditures. 13-37-43

Repealed by SL 1995, ch 101 , § 11 13-37-5

Subject to the limitation in § 13-37-42 , the secretary of the Department of Education shall, for school fiscal year 2014 and each year thereafter, set aside four million dollars of the state aid to districts for special education appropriation for extraordinary expenses incurred…

A school district is not eligible for funding from the money set aside in § 13-37-40 unless the school district certifies to the secretary of education that its ending special education fund balance will not exceed ten percent of its special education expenditures for the current…

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. 13-37-48

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 §

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. 13-37-48. Repealed by SL 2005, ch 100 , § 2. 13-37-48.1. Repealed by SL 2013, ch 79 , § …

13-37-48.1

13-37-49 Record of public school child count subject to examination by department. 13-37-50 Overreporting child count data--Recovery of twice amount of state aid--Intentional overreporting as misdemeanor. 13-37-51

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.

Repealed by omission from SL 1969, ch 58 13-37-5.1

Repealed by SL 1989, ch 151 , § 1 13-37-6

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…

13-37-52 Department may promulgate rules to define disabilities. 13-37-53

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. 13-37-53. Repealed by SL 2013, ch 79 , § 18.

13-37-54 Promulgation of rules for reallocation of state aid to special education. 13-37-55 Coordinated early intervening services. 13-37-56 Approval for early intervening services. 13-37-57 Annual report on early intervening services. 13-37-58 Promulgation of rules on early inte…

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 §

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.

Repealed by SL 1975, ch 128 , § 377 13-37-7

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 §

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 …

Repealed by SL 1997, ch 88 , § 5 13-37-8

Repealed by SL 1968, ch 51 13-37-8.1

Repealed by SL 1975, ch 128 , § 377 13-37-8.2

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…

Repealed by SL 1995, ch 101 , § 12 13-37-8.3

13-37-8.5

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 §

13-37-8.7 13-37-8.7 , 13-37-8.8. Repealed by SL 1980, ch 134 , §§ 1, 2 13-37-8.9 Mileage allowance in lieu of transportation for special education--Actual cost in lieu of mileage--Source of payment. 13-37-8.10 Crediting of state, local, and federal special education funds. 13-37-…

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…

The amount appropriated for extraordinary expenses shall be recalculated at the same time as the amount of the allocations for disability levels as provided in §