An Act to
modify tuition
responsibilities for children in
residential
treatment
centers.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 13-28-10 be AMENDED:
13-28-10.
If
Except
as otherwise provided in this section, if a
school age child resides in a home other than the residence of his
the
child's parents,
guardian, or noncustodial parents,
on a temporary or permanent basis, the school residency of the child
is where the parents, noncustodial parents, or guardian reside
unless, upon request of the person with whom the child is living, the
local
school board
of
the school district accepts
the child as a resident of that school district.
If the school
board
rejects the request, the person who made the request may, within
fifteen days after receipt of the rejection, appeal
to petition
the school
board for
a hearing. The decision of the school
board,
after the hearing is
final and,
may be appealed to the circuit court.
However,
a A
school age child is a resident of the school district where
the school age
in which the
child is placed by the
Unified Judicial System, the
Department of Corrections, or
entities approved by the
Department of Human Services, or the
Department of Social Services,
including a foster home.
Section 2. That § 13-28-11 be AMENDED:
13-28-11.
If a child is
residing in a
residential treatment center or an intensive residential treatment
center that
provides an educational program through a school district, the school
district where
in
which the
residential treatment center or intensive residential treatment
center is located
is responsible for providing an educational program for the child.
Tuition for a child who is not
eligible
for special education services placed
by an individualized education program team but is, at
the time of placement and
is,
enrolled in a public
school
district or state operated school at
the time of placement shall must
be paid as
provided in § 13-13-87.
The provisions of this section
and § 13-13-87
do not apply to any placement by the Department of Corrections,
or the
Department of Social Services,
or any entity approved by the Department of Social Services. For
purposes of this section, a state.
For purposes of this section, the term, school district, means a political subdivision of this state created in accordance with chapter 13-5.
For
purposes of this section, the term, state operated
school is,
means
the South
Dakota Human Services Center academic program, the South Dakota
School for the Blind and Visually Impaired, or any school so
designated by the South
Dakota Board of
Education Standards.
Section 3. That § 13-28-39 be AMENDED:
13-28-39.
The Department of
Social Services shall pay tuition costs and related service costs for
students in residential treatment centers,
intensive residential treatment centers,
or group care centers for minors who are under the care and custody
of the Department of Social Services,
the Unified Judicial System, or other entities approved by the
secretary of
or the
Department of Social
ServicesCorrections.
The Department of Social Services
will
have has
rate setting authority for tuition costs and related service costs.
The secretary
of the Department
of Social Services may
shall
promulgate
rules, pursuant to chapter 1-26,
pertaining to:
(1) The amount, scope, and duration of services;
(2) The basis for and extent of provider payments;
(3) The method and amount of payment;
(4) The methods of recoupment or recovery of overpayments;
(5) Administration, record keeping, and audit requirements;
(6) Compliance monitoring;
(7) Reporting requirement
requirements;
and
(8) Such other standards and
requirements as may
be necessary
to ensure the efficient operation and administration of the program.
Section 4. That § 13-28-52 be AMENDED:
13-28-52. The South Dakota Board of Education Standards may promulgate rules, pursuant to chapter 1-26, regarding services provided and tuition paid for children residing in residential treatment centers or intensive residential treatment centers, as provided in §§ 13-28-11 and 13-13-87, including:
(1) The scope, duration, and requirements of enrollment for purposes of qualifying for and calculating rates and payments;
(2) The amount, scope, and duration of services;
(3) The basis for, extent of, and timing of payments;
(4) The method and amount of payment;
(5) The methods of recoupment or recovery of overpayments;
(5)(6) Reporting
requirements;
(6)(7) Designation
of additional state operated schools referenced in § 13-28-11;
and
(7)(8) Other
standards and requirements as may be necessary to ensure the
efficient operation and administration of the program.
Underscores indicate new language.
Overstrikes
indicate deleted language.