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          24:05:19:11.  Use of state agency allocations -- Other state-level activities. The state may use an amount equal to nine and one-half percent, adjusted cumulatively for inflation each fiscal year, of its allocation that it does not use for administration under ยงยง 24:05:19:09 and 24:05:19:10 for other state-level activities. Some portion of these funds shall be used to carry out monitoring, enforcement, complaint investigation, and the establishment and implementation of the mediation process required by this article, including providing for the costs of mediators and support personnel.


          Funds reserved under this section also may be used to carry out the following activities:


          (1)  For support and direct services, including technical assistance, personnel preparation, and professional development and training;


          (2)  To support paperwork reduction activities, including expanding the use of technology in the IEP process;


          (3)  To assist school districts in providing positive behavioral interventions and supports and mental health services for children with disabilities;


          (4)  To improve the use of technology in the classroom by children with disabilities to enhance learning;


          (5)  To support the use of technology, including technology with universal design principles and assistive technology devices, to maximize accessibility to the general education curriculum for children with disabilities;


          (6)  Development and implementation of transition programs, including coordination of services with agencies involved in supporting the transition of students with disabilities to postsecondary activities;


          (7)  To assist districts in meeting personnel shortages;


          (8)  To support capacity building activities and improve the delivery of services by school districts to improve results for children with disabilities;


          (9)  To provide alternative programming for students with disabilities who have been expelled from school, and services for students with disabilities in correctional facilities or students enrolled in state-operated or state-supported schools;


          (10)  To support the development and provision of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with the ESEA; and


          (11)  To provide technical assistance to schools and school districts and direct services, including supplemental educational services as defined in the ESEA to children with disabilities, in schools or school districts identified for improvement under the ESEA on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities, including providing professional development to special and regular education teachers, who teach children with disabilities, based on scientifically-based research to improve educational instruction, in order to improve academic achievement to meet or exceed the objectives established by the state under the ESEA.


          Source: 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.

          General Authority: SDCL 13-37-1.1.

          Law Implemented: SDCL 13-37-1.1.


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