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State of South Dakota
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SEVENTY-THIRD
SESSION
LEGISLATIVE ASSEMBLY, 1998 |
| 640B0456 |
SENATE EDUCATION COMMITTEE
ENGROSSED
NO.
SB94
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2/11/98
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| Introduced by: Senators Hutmacher, Olson, and Rounds and Representatives Lucas, Brown (Richard), Haley, Madden, and Waltman |
FOR AN ACT ENTITLED, An Act
to provide for the payment of tuition for students who have
been assigned to another school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 17 of chapter 98 of the 1997 Session Laws be repealed.
Section 2. That section 18 of chapter 98 of the 1997 Session Laws be repealed.
Section 3. That section 22 of chapter 98 of the 1997 Session Laws be repealed.
Section 4. That § 13-28-23 be amended to read as follows:
13-28-23. If a student has been assigned by the school board of the district where the student has a school residence or has been assigned as provided by statute, that school board shall pay the student's tuition. The school boards shall take action on any request regarding the establishment of the tuition rate or the payment of tuition within forty-five days after receiving the request. The school board may negotiate the rate of tuition with a school board or any other payer. A school board's decision with respect to the student assignment may be appealed to the circuit court in the time and manner specified by § 13-46-1
or to the secretary of the Department
of Education and Cultural Affairs within thirty days from the date of the decision of the school
Section 5. That § 13-28-38 be amended to read as follows:
13-28-38. Tuition required pursuant to § 13-28-22 may be waived if agreed to by the school boards involved. Notwithstanding § § 13-6-85, 13-28-9, 13-28-10, 13-28-20, and 13-28-21, the decision of a school board to waive or not to waive tuition is final except as specifically provided in this section. If a school board agrees to waive tuition, the district receiving the student may count the student for state funding formula purposes and is entitled to reimbursement for that student through the state funding formula. Any request for a waiver of tuition shall be made to the affected school boards by the parent or guardian of the affected student. The school boards shall take action on the request within forty-five days after receiving the request. A school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by § 13-46-1
or to the secretary of the Department of
Education and Cultural Affairs within thirty days from the date of the decision of the school
board by filing a notice with the secretary of the school board and mailing a copy of the notice
to the secretary of the Department of Education and Cultural Affairs
. The granting of any waiver
is not a legal precedent for any future request for waiver.
BILL HISTORY
1/20/98 First read in Senate and referred to Education. S.J. 117
2/9/98 Scheduled for Committee hearing on this date.
2/11/98 Scheduled for Committee hearing on this date.
2/11/98 Education Do Pass Amended, Passed, AYES 7, NAYS 0.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That section 17 of chapter 98 of the 1997 Session Laws be repealed.
Section 2. That section 18 of chapter 98 of the 1997 Session Laws be repealed.
Section 3. That section 22 of chapter 98 of the 1997 Session Laws be repealed.
Section 4. That § 13-28-23 be amended to read as follows:
13-28-23. If a student has been assigned by the school board of the district where the student has a school residence or has been assigned as provided by statute, that school board shall pay the student's tuition. The school boards shall take action on any request regarding the establishment of the tuition rate or the payment of tuition within forty-five days after receiving the request. The school board may negotiate the rate of tuition with a school board or any other payer. A school board's decision with respect to the student assignment may be appealed to the circuit court in the time and manner specified by § 13-46-1
board by filing a notice with the secretary of the school board and mailing a copy of the notice to the secretary of the Department of Education and Cultural Affairs
. The board shall take into consideration when negotiating the rate of tuition the average cost of educating a student in the district including transportation if required.Section 5. That § 13-28-38 be amended to read as follows:
13-28-38. Tuition required pursuant to § 13-28-22 may be waived if agreed to by the school boards involved. Notwithstanding § § 13-6-85, 13-28-9, 13-28-10, 13-28-20, and 13-28-21, the decision of a school board to waive or not to waive tuition is final except as specifically provided in this section. If a school board agrees to waive tuition, the district receiving the student may count the student for state funding formula purposes and is entitled to reimbursement for that student through the state funding formula. Any request for a waiver of tuition shall be made to the affected school boards by the parent or guardian of the affected student. The school boards shall take action on the request within forty-five days after receiving the request. A school board's decision pursuant to this section may be appealed to the circuit court in the time and manner specified by § 13-46-1
BILL HISTORY
1/20/98 First read in Senate and referred to Education. S.J. 117
2/9/98 Scheduled for Committee hearing on this date.
2/11/98 Scheduled for Committee hearing on this date.
2/11/98 Education Do Pass Amended, Passed, AYES 7, NAYS 0.
