2017 Session Laws

CHAPTER 79

(HB 1021)

Children in residential treatment centers, education provided.


        ENTITLED, An Act to revise certain provisions regarding the education provided for children in certain residential treatment centers.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 13-28-11 be amended to read:

    13-28-11. If a child is residing in a residential treatment center or an intensive residential treatment center which provides care for children who are not living with their parents or guardian, the school residence of the child is the school district where the parents or guardian reside, subject to the provisions of § 13-28-9.

    The that provides an educational program through a school district, the school district where a the residential treatment center or intensive residential treatment center is located is responsible for providing an educational program for the children who reside in the residential treatment center or intensive residential treatment center child. Tuition for a child who is not eligible for special education services at the time of placement and is enrolled in a public school district is the responsibility of the school district where the child was enrolled at the time of placement in the residential treatment center or intensive residential treatment center. The amount of tuition paid by that school district for any child placed in a residential treatment center or intensive residential treatment center who is not eligible for special education services at the time of placement shall be calculated as follows:

            (1)    Divide the current per student equivalent as defined in § 13-13-10.1 by one hundred seventy-five; and

            (2)    Multiply the result obtained in subdivision (1) by the number of days the child is placed.

    This section applies only to a residential treatment center or intensive residential treatment center that provided an educational program through a school district in the 2013-2014 school year or that initiates an educational program through a school district in a subsequent school year. This does or state operated school at the time of placement shall be paid as provided in § 13-13-87. The provisions of this section and § 13-13-87 do not apply to any placement by the Unified Judicial System, the Department of Corrections, the Department of Social Services, or any entity approved by the Department of Social Services, including a foster home. For purposes of this section, a state operated school is the South Dakota Human Services Center academic program, the South Dakota School for the Blind and Visually Impaired, or any school so designated by the Board of Education.

    Section 2. That § 13-13-87 be amended to read:


    13-13-87. A The Department of Education shall pay tuition to a school district providing education for children in a residential treatment center or intensive residential treatment center shall receive an amount equal to the current year's per student equivalent as defined in § 13-13-10.1 multiplied by the average daily membership, in the prior school year, for residentially-placed students attending each residential treatment center or intensive residential treatment center for whom tuition is paid by another school district pursuant to § 13-28-11. This section applies only to an educational program provided through a school district pursuant to § 13-28-11. The amount shall be calculated as follows:

            (1)    Multiply the tuition rate set by the Department of Social Services pursuant to § 13-28-39 by the number of days of enrollment for children provided an education pursuant to § 13-28-11, in the previous fiscal year; and

            (2)    Subtract moneys received by the school district in the form of general state aid to schools as calculated pursuant to § 13-13-73 attributable to all children referenced in subdivision (1).

    No person or entity may be charged additional tuition for any child for whom tuition is paid pursuant to this section.

    Section 3. That chapter 13-28 be amended by adding a NEW SECTION to read:

    The South Dakota Board of Education may promulgate rules, pursuant to chapter 1-26, regarding services provided and tuition paid for children residing in residential treatment centers or intensive residential treatment centers as provided in §§ 13-28-11 and 13-13-87, including:

            (1)    The scope, duration, and requirements of enrollment for purposes of qualifying for and calculating rates and payments;

            (2)    The amount, scope, and duration of services;

            (3)    The basis for, extent, and timing of payments;

            (4)    The methods of recoupment or recovery of overpayments;

            (5)    Reporting requirements;

            (6)    Designation of additional state operated schools referenced in § 13-28-11; and

            (7)    Other standards and requirements as may be necessary to ensure the efficient operation and administration of the program.

    Section 4. That subdivision (2A) of § 13-13-10.1 be amended to read:

            (2A)    "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid

pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition is calculated as follows:

            (a)    Determine the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year;

            (b)    Subtract the number of students for whom the district receives tuition except for:

            (i)    Nonresident students who are in the care and custody of a state agency and are attending a public school district;

            (ii)    Students who are being provided an education pursuant to § 13-28-11; and

            (iii)    Students for whom tuition is being paid pursuant to § 13-28-42.1; and

            (c)    Add the number of students for whom the district pays tuition.

                When computing state aid to education for a school district pursuant to § 13-13-73, the secretary of the Department of Education shall use the school district's fall enrollment;

     Signed February 15, 2017
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