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SB 25 repeal certain provisions related to tuition for students transf...
State of South Dakota  
EIGHTY-FIFTH SESSION
LEGISLATIVE ASSEMBLY, 2010  

400R0245   SENATE BILL   NO.  25  

Introduced by:    The Committee on Education at the request of the Department of Education
 

        FOR AN ACT ENTITLED, An Act to repeal certain provisions related to tuition for students transferring from a resident district that does not receive state aid to education and to repeal certain provisions related to state aid to education for students transferring to a nonresident school district that does not receive state aid to education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 13-28-49 be repealed.
    13-28-49. Notwithstanding the provisions of § 13-28-40, any student who enrolls in another school district pursuant to the provisions contained in §§ 13-28-40 to 13-28-47, inclusive, from a district that does not receive state aid pursuant to chapter 13-13 in the succeeding fiscal year remains the financial obligation of the resident district. For each student, the resident district shall pay tuition to the nonresident district in the succeeding fiscal year per the following calculation:
            (1)    Determine the nonresident district's local need pursuant to subdivision 13-13-73(2);
            (2)    Divide the result of (1) by the nonresident district's fall enrollment as defined in § 13-13-10.1;
            (3)    Multiply the result of (2) by the number of days the student was enrolled in the nonresident district;
            (4)    Divide the result of (3) by the number of days the nonresident district was in session.
    Section 2. That § 13-13-75 be repealed.
    13-13-75. Notwithstanding the provisions of chapter 13-13, if a student is enrolled pursuant to § 13-28-43, and the nonresident school district in which the student is enrolled does not receive state aid to general education, the Department of Education shall pay state aid to education to the nonresident district in which the student is enrolled. For each student, the amount of state aid paid shall be the per student allocation as defined in subdivision 13-13-10.1(4). The payment shall be prorated per the number of days the student was enrolled in the nonresident district compared to the number of days the nonresident district was in session. The payment shall be made in the succeeding fiscal year.