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 regarding the use of IDEA Part B funds for early intervening services.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-36.3, 13-37-40, 13-37-55 to 13-37-59, inclusive.

          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 13-37-35.1(18), to develop and implement coordinated early intervening services. Coordinated early intervening services may be provided to students in kindergarten through grade twelve who are not currently eligible for special education and related services pursuant to chapter 24:05:24.01 but need additional academic and behavioral interventions to be successful in general education and to avoid being classified as a student with a disability.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-40, 13-37-55 to 13-37-59, inclusive.

          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 § 24:05:36:05 within sixty days of receipt of the application.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-40, 13-37-55 to 13-37-59, inclusive.

          24:05:36:04.  Application -- Required components. A school district's application for coordinated early intervening services funds must include the following components:

          (1)  A description of the process used to identify the students to be provided early intervening services;

          (2)  The scientifically-based activities and services for which funds will be used;

          (3)  A budget for state and local coordinated early intervention services funds including an accounting system for tracking these state and local funds separate from federal funds;

          (4)  Assurances that the district will continue to:

               (a)  Provide a FAPE to all students with disabilities consistent with this article; and

               (b)  Meet the maintenance of effort requirements referenced in chapter 24:05:19 for any fiscal year; and

          (5)  A description of the process to be used to identify whether a student who receives coordinated early intervening services qualifies to receive special education or special education and related services within two years.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-40, 13-37-55 to 13-37-59, inclusive.

          24:05:36:05.  Application -- Approval criteria. When determining whether to approve a school district's application for early intervening services funding, the department shall consider whether the district has:

          (1)  Met the maintenance of effort requirement for the prior two fiscal years;

          (2)  Requested no more than fifteen percent of local need;

          (3)  Complied with coordinated early intervening reporting for a previous year or years, if applicable;

          (4)  Maintained a FAPE for all students with disabilities; and

          (5)  Timely corrected all findings of IDEA Part B noncompliance in the prior two school years.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-40, 13-37-55 to 13-37-59, inclusive.

          24:05:36:06.  Annual reporting. Each school district must submit the report required by SDCL 13-37-57 by June 30^th of each school year on forms provided by the department.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-3-51, 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-40, 13-37-55 to 13-37-59, inclusive.

          24:05:36:07.  Eligibility for extraordinary costs -- Availability of funding. School districts utilizing state aid for special education funding for the provision of coordinated early intervening services are not eligible for extraordinary costs under chapter 24:05:33.01 for a period of three years following the expenditure of funds under this chapter.

          Source: 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-58.

          Law Implemented: SDCL 13-37-1.1, 13-37-35.1, 13-37-40, 13-37-55 to 13-37-59, inclusive.