24:56:01:01.  Deadline and requirements for submission of agreements. Any agreement between a consortium of school districts exercising joint powers or intergovernmental cooperation referenced in SDCL 13-6-97 must be approved by all participating school districts no later than the February first preceding the school year for which the agreement will take effect. The approved agreement, along with written proof of approval by all participating districts, must be submitted to the Secretary of the Department of Education via first class United States mail and be postmarked no later than five days after approval of the agreement by all participating districts. In addition to complying with all applicable provisions of South Dakota law, the agreement must address significant cost savings to be achieved through the agreement and demonstrate how the educational needs of all students in all participating districts will be served. The Secretary may also require the participating districts to submit additional information necessary to make the determinations referenced in § 24:56:01:02.

          Source: 40 SDR 102, effective December 4, 2013.

          General Authority: SDCL 13-6-97.

          Law Implemented: SDCL 13-6-97.

          24:56:01:02.  Criteria for approval of agreements. In reviewing agreements referenced in § 24:56:01:01, the Secretary shall consider whether the agreement results in significant cost savings to all participating districts, whether the agreement serves the educational needs of all students in all the participating districts, and whether the agreement otherwise complies with the requirements of this chapter. The Secretary may deny an agreement which fails to comply with any criteria referenced in this section.

          Source: 40 SDR 102, effective December 4, 2013.

          General Authority: SDCL 13-6-97.

          Law Implemented: SDCL 13-6-97.

          24:56:01:03.  Decision of the Secretary. The Secretary shall issue a decision regarding the agreement no later than April first. The Secretary's decision must be in writing and served upon the superintendent of each participating district.

          Source: 40 SDR 102, effective December 4, 2013.

          General Authority: SDCL 13-6-97.

          Law Implemented: SDCL 13-6-97.

          24:56:02:01.  Deadline and criteria for approval of agreements. Agreements referenced in SDCL 13-15-30 and 13-15-31 must be submitted to the Secretary via first class United States mail and postmarked no later than five days after approval of the agreement by all participating school districts. The Secretary shall consider whether the agreement complies with the requirements of SDCL 13-15-30 and 13-15-31 and may require the participating districts to submit additional information necessary for this determination. The Secretary may deny any agreement which does not meet the requirements of SDCL 13-15-30 and 13-15-31 or the requirements of this chapter.

          Source: 40 SDR 102, effective December 4, 2013.

          General Authority: SDCL 13-15-32.

          Law Implemented: SDCL 13-15-30 to 13-15-32, inclusive.

          24:56:02:02.  Decision of the Secretary. The Secretary shall issue a decision regarding the agreement no later than April first. The Secretary's decision must be in writing and served upon the superintendent of each participating school district.

          Source: 40 SDR 102, effective December 4, 2013.

          General Authority: SDCL 13-15-32.

          Law Implemented: SDCL 13-15-30 to 13-15-32, inclusive.

          24:56:03:01.  Purpose. The Department of Education shall administer the shared services grants which are designed to provide an incentive for school districts to share employees.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:02.  Criteria for grant funds. An applicant for a shared services grant must meet the following criteria:

          (1)  Be an accredited public school district in South Dakota;

          (2)  Demonstrate need among participating school districts for the shared employee services; and

          (3)  Demonstrate sustainability of the plan to provide the shared employee services.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:03.  Application and award period. The department shall inform all school districts of the application and award period and the amount of grant funds available each year. The department shall also provide school districts with a scoring rubric. An applicant shall apply on a form provided by the department. The department may request additional information as necessary to determine eligibility and to make an award decision, and the application is not complete until all necessary information is submitted.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:04.  Review process. The department shall determine grant recipients and award amounts utilizing a competitive process and involving a group of reviewers designated by the Secretary. Applications addressing rural or sparsity needs, increased opportunities or services for students, or increased efficiency will be given priority.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:05.  Grant conditions. In addition to complying with all the application requirements referenced in § 24:56:03:03, all grantees will be subject to the following conditions:

          (1)  The amount of a grant may not exceed the actual cost as proposed in the application;

          (2)  Grant funds may be used for purchased services, salary, benefits, and associated travel expenses;

          (3)  Grant funds may not be used for costs associated with writing the grant proposal, contractual obligations which began before the award date, purchases or services beyond the project outcomes or activities, or capital expenditures;

          (4)  Grant funds may be awarded for up to a three-year period with a fifty percent reduction in annual funding in year two and a seventy-five percent reduction in year three; and

          (5)  No more than three different shared service employees may be included in any one award.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:06.  Distribution of funds. A grant shall be paid on a reimbursement basis following the procedures and requirements outlined by the department.

          Source: 43 SDR 9, effective August 4, 2016; 43 SDR 131, effective April 19, 2017.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:07.  Grant reporting and evaluation. Each district utilizing grant funds to share an employee shall report personnel data in the state staffing database. Each grantee shall also submit a mid-year and annual grant report. The department shall determine the deadlines and details required in the report at the time of the grant approval.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.

          24:56:03:08.  Default. The submission of false or misleading statements, omissions, or information as part of the grant application or the failure to comply with any grant requirement shall be considered a default upon the terms of a grant. In the event of a default, the department may require the grantee to repay the grant to the department within thirty days of a written demand from the department. The department may begin a civil action to recover any grant funds that a grantee is required to repay.

          Source: 43 SDR 9, effective August 4, 2016.

          General Authority: SDCL 13-15-1.4.

          Law Implemented: SDCL 13-6-97, 13-15-1.1, 13-15-1.4.