FOR AN ACT ENTITLED, An Act to provide for expenditures for early learning services from the special education fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

    Up to fifteen percent of the local need as defined in subdivision 13-37-35.1(18) may be used to develop and implement coordinated, early intervening services for students in kindergarten through grade twelve who are not currently identified as needing special education or special education and related services, but who need additional academic and behavioral interventions to succeed in a general education environment to prevent them from being identified as having a special education disability.

    Coordinated, early intervening services include:

            (1)    Professional development for teachers and other school staff to enable them to deliver scientifically-based academic instruction and behavioral interventions,

including scientifically-based literacy instruction, and, if appropriate, instruction on the use of adaptive and instructional software; and

            (2)    Providing educational and behavioral evaluations, services and supports, including scientifically-based literacy instruction.
    Section 2. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

    A school district seeking to use funds pursuant to section 1 of this Act shall apply for approval for the use of such funds from the Department of Education on forms provided by the department.
    Section 3. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

    Any school district that uses funds pursuant to section 1 of this Act shall annually report to the Department of Education on:

            (1)    The number of students who receive coordinated, early intervening services; and

            (2)    The number of students who received early intervening services, and who subsequently receive special education or special education and related services within two years after receiving the coordinated, early intervening services.
    Section 4. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:

    The Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the application process, the application timelines, the criteria the department will use in approving a district's use of special education funds pursuant to section 1 of this Act, and the collection of data on children served pursuant to section 3 of this Act.
    Section 5. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as

follows:

    A school district that provides early intervening services pursuant to section 16 of this Act is not eligible for funding from the money set aside pursuant to § 13-37-40 within a period of three years following the expenditure of such funds.