ENTITLED, An Act to provide for the funding of educational programs for children in residential
treatment centers, intensive residential treatment centers, or licensed group care centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 13-28-11 be amended to read as follows:
13-28-11. If a child is residing in a residential treatment center or an intensive residential
treatment center which provides care for children who are not living with their parents or guardian,
the school residence of the child is the school district where the parents or guardian reside, subject
to the provisions of § 13-28-9.
The school district where a residential treatment center or intensive residential treatment center
is located is responsible for providing an educational program for the children who reside in the
residential treatment center or intensive residential treatment center. Tuition for a child enrolled in
a public school district is the responsibility of the school district where the child was enrolled at the
time of placement. The amount of tuition paid by the resident school district for any child placed in
a residential treatment center or intensive residential treatment center who is not eligible for special
education services at the time of placement shall be calculated as follows:
(1) Divide the current per student allocation as defined in subdivision 13-13-10.1(4) by one
hundred seventy-five; and
(2) Multiply the result obtained in subdivision (1) by the number of days the child is placed.
Section 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as
follows:
If a child is residing in a licensed group care center for minors which provides care for children
who are not living with their parents or guardian, the school residence of the child is the school
district where the parents or guardian reside, subject to the provisions of § 13-28-9.
The school district where a licensed group care center for minors is located is responsible for
providing an educational program for the children who reside in the group care center.
Section 3. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as
follows:
A school district providing education for children in a residential treatment center or intensive
residential treatment center shall receive an amount equal to the current year's per student allocation
as defined in subdivision 13-13-10.1(4) multiplied by the average daily membership, in the prior
school year, for residentially placed students attending each residential treatment center or intensive
residential treatment center for whom tuition is paid by another school district pursuant to § 13-28-11.
Section 4. That § 13-13-83 be amended to read as follows:
13-13-83. The amount calculated in § 13-13-82 and in section 3 of this Act shall be distributed
to an eligible school district in the same manner as other state aid payments are distributed pursuant
to § 13-13-74 from funds appropriated in the general appropriations act for state aid to education.
An Act to provide for the funding of educational programs for children in residential treatment
centers, intensive residential treatment centers, or licensed group care centers.
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I certify that the attached Act
originated in the
SENATE as Bill No. 158
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 158
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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