2019 Session Laws

CHAPTER 87

(SB 1)

The Extraordinary Cost Oversight Board, membership revised.


        ENTITLED, An Act to add a legislator to the membership of the Extraordinary Cost Oversight Board, to establish the board in statute, and to repeal the administrative rules creating the board.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That chapter 13-37 be amended by adding a NEW SECTION to read:

    There is hereby established an Extraordinary Cost Oversight Board within the Department of Education. The board shall review all school district requests for extraordinary cost funds as provided in § 13-37-40. The board shall meet at least once a year and recommend to the secretary of education those school districts that should be approved for extraordinary cost fund expenditures and those school districts that should not be approved for extraordinary cost fund expenditures. The secretary has the final authority to approve or deny extraordinary cost fund expenditures.

    Section 2. That chapter 13-37 be amended by adding a NEW SECTION to read:

    The oversight board established in section 1 of this Act shall consist of seven members. The membership shall include one member of the Legislature appointed by the Executive Board of the Legislative Research Council, and six members appointed by the secretary of education. The members appointed by the secretary shall include representatives from each of the following:

            (1)    The Department of Education;

            (2)    A school district with a fall enrollment of six hundred or more;

            (3)    A school district with a fall enrollment of more than two hundred, but less than six hundred; and

            (4)    A school district with a fall enrollment of two hundred or less.

    The secretary shall use a staggered appointment schedule when appointing members, and no member may serve on the board for more than five years. The secretary shall also appoint alternate board members to serve in place of any board member representing a school district who may have a conflict of interest. An alternate shall serve the same term as the equivalent board appointee.

    Section 3. That § 13-37-46 be amended to read:

    13-37-46. The secretary of the Department of Education shall promulgate and review rules which further define special education processes regarding student identification, and the

placement committee process, and create an extraordinary cost oversight board. Any appeal of a local district's determination relating to special education or special education and related services shall be referred to the secretary of the Department of Education. The hearing shall be conducted by the secretary in accordance with the contested case provisions of chapter 1-26. The secretary of the Department of Education shall report to the Legislature in January 1996, on the progress of the department in exercising the above rule-making authority with a final set of rules delivered to the Governor and Legislature by November 1, 1995. In addition, the secretary shall prepare a model for the statewide implementation of §§ 13-37-35.1 to 13-37-46, inclusive, including a report of cost allocation figures of §§ 13-37-35.1 to 13-37-46, inclusive, to be delivered to the Governor and Legislature by November 1, 1995.

    Section 4. That ARSD 24:05:33.01:01 be repealed.

    Section 5. That ARSD 24:05:33.01:02 be repealed.

    Section 6. That ARSD 24:05:33.01:03 be repealed.

    Section 7. That ARSD 24:05:33.01:04 be repealed.

     Signed March 13, 2019
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