CHAPTER 67:22:01
AUXILIARY PLACEMENT PROGRAM
Section
67:22:01:01 Definitions.
67:22:01:02 Eligibility requirements.
67:22:01:03 Post-graduation educational expenses.
67:22:01:04 Covered programs and facilities.
67:22:01:05 Education programs.
67:22:01:06 Reimbursement.
67:22:01:07 Claim submission -- Independent education program.
67:22:01:08 Claim submission -- Public education program.
67:22:01:09 Claim submission -- Summer school.
67:22:01:01. Definitions.
Terms used in this chapter mean:
(1) "Auxiliary
placement program," the program that reimburses educational expenses for
eligible youth in residential placement;
(2) "Community support
provider," a nonprofit facility as defined in SDCL subdivision 27B-1-17(4);
(3) "Department,"
the Department of Social Services;
(4) "Independent
living preparation program," "ILPP," a facility as defined in
§ 67:42:13:01;
(5) "Intensive
residential treatment center," "IRTC," a program as defined in
§ 67:42:15:01;
(6) "Group care
center," a facility as defined in § 67:42:07:01;
(7) "Residential
treatment center," a facility as defined in § 67:42:08:01; and
(8) "Youth," an
individual under the age of 21.
Source:
36 SDR 117, effective January 25, 2010.
General
Authority: SDCL 13-28-39.
Law
Implemented: SDCL 13-28-39.
67:22:01:02. Eligibility requirements. A youth's educational expenses are eligible for payment by the Auxiliary Placement Program if that youth is a South Dakota resident and one of the following conditions exists:
(1) The youth is in the legal custody of the department or under the placement, care, and supervision of the department;
(2) The youth has been committed to the Department of Corrections;
(3) The youth is in the legal custody of tribal court with placement or supervision placed with a tribal or BIA agency that deals with the welfare of chilren and meets one of the following requirements:
(a) The youth was most recently enrolled in a public school prior to placement in a residential treatment center or group care center; or
(b) The youth has been determined to be eligible for assistance under Title IV-E of the Social Security Act, as amended to July 1, 2017, on admission; or
(4) The youth had previously been in the legal custody of the Department of Social Services and custody was transferred to an agency that has placement, care, and supervision of the youth through a court order.
A youth under the supervision of the United States Probation Office or in the legal custody of the Federal Bureau of Prisons is not eligible for payment by the Auxiliary Placement Program.
Source: 36 SDR 117, effective January 25, 2010; 36 SDR 215, effective July 1, 2010; 44 SDR 94, effective December 4, 2017.
General Authority: SDCL 28-6-1(1).
Law Implemented: SDCL 28-6-1(1).
67:22:01:04. Covered
programs and facilities. The Auxiliary Placement Program shall pay the
educational costs for an eligible youth if that youth is placed in one of the
following residential programs or facilities:
(1) Group care center;
(2) Residential treatment
center;
(3) Intensive residential
treatment center;
(4) Community support
provider;
(5) South Dakota Children's
Care Hospital and School;
(6) Independent living
preparation program with prior approval from the youth's placement agency; and
(7) Out-of-state public
schools if a youth in custody of the department or the South Dakota Department
of Corrections is placed in a foster home in another state and the youth is not
eligible for payment under that state's system.
The Auxiliary Placement Program may
not pay the educational costs for day school in a residential facility if a
youth has been placed in a foster home or if a youth in a residential placement
is attending a public school on a full-time basis.
Source:
36 SDR 117, effective January 25, 2010.
General
Authority: SDCL 13-28-39.
Law
Implemented: SDCL 13-28-39.
67:22:01:05. Education
programs. All educational programs receiving payment by the Auxiliary
Placement Program must be accredited or approved by the Department of
Education.
Source:
36 SDR 117, effective January 25, 2010.
General
Authority: SDCL 28-6-1(1).
Law
Implemented: SDCL 28-6-1(1).
67:22:01:06. Reimbursement.
The rate paid by the Auxiliary Placement Program shall be set annually by the
department. The full rate shall be paid for school days that include at least
5.5 hours of instructional time. One-half of the rate shall be paid for school
days that include less than 5.5 hours of instructional time.
Monies received by the school district
from the Department of Education in the form of general state aid to schools as
calculated pursuant to SDCL 13-13-73 and state aid for special education as calculated under SDCL 13-37-36.3 reduce the department's payment obligation under SDCL 13-28-39 to the extent the Department of Education payments are attributable to children in the Auxiliary Placement Program.
Source:
36 SDR 117, effective January 25, 2010; 36 SDR 215, effective July 1, 2010.
General
Authority: SDCL 28-6-1(1).
Law
Implemented: SDCL 28-6-1(1).
67:22:01:07. Claim
submission -- Independent education program. Group and residential centers
that operate their own education program shall submit each claim on a form
provided by the department on a monthly basis.
Source:
36 SDR 117, effective January 25, 2010.
General
Authority: SDCL 28-6-1(1).
Law
Implemented: SDCL 28-6-1(1).
67:22:01:08.
Claim submission -- Public education program. Group and residential centers
that use an education program operated by a South Dakota public school district
during the regular school year shall report the total membership days of youth
who are eligible for payment by the Auxiliary Placement Program to the
Department of Education using the Department of Education's reporting system.
Source:
36 SDR 117, effective January 25, 2010.
General
Authority: SDCL 28-6-1(1).
Law
Implemented: SDCL 28-6-1(1).
67:22:01:09. Claim
submission -- Summer school. Group and residential centers that use an
education program operated by a South Dakota public school district during the
summer shall submit each claim on a form provided by the department on a
monthly basis.
Source:
36 SDR 117, effective January 25, 2010.
General
Authority: SDCL 28-6-1(1).
Law
Implemented: SDCL 28-6-1(1).
