13-37-50. Overreporting child count data--Recovery of twice amount of state aid--Intentional overreporting as misdemeanor.
If, in the department's examination of the child count, it is determined that the data was overreported, the department shall recover from the district's special education fund twice the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the individual responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in §13-8-44, with the maximum penalty as defined in §22-6-2.
Source: SL 1999, ch 90, §6.
Structure South Dakota Codified Laws
Chapter 37 - Special Assistance And Related Services
Section 13-37-1 - Children in need of special education or special education and related services.
Section 13-37-1.1 - Rules governing standards for special education.
Section 13-37-1.3 - Free education for special education children.
Section 13-37-2 - Special education defined--Conformity to approved program where possible.
Section 13-37-2.1 - Surrogate parent defined.
Section 13-37-8.4 - Cost paid by school district.
Section 13-37-8.6 - Costs of special education services--Sources--Provisions--Financial losses.
Section 13-37-8.10 - Crediting of state, local, and federal special education funds.
Section 13-37-13 - Expenditures for education of children in need in state-owned institutions.
Section 13-37-16 - District tax levy for special education--School district special education fund.
Section 13-37-16.2 - Levy equalization.
Section 13-37-16.3 - Basis for adjustment to certain levies.
Section 13-37-18 - Costs and statistical information included in annual financial report.
Section 13-37-20 - Payment of claims for direct services.
Section 13-37-27 - Surrogate parent acting in place of parent--Immunity--Exceptions.
Section 13-37-28 - Definition of autism spectrum disorder.
Section 13-37-28.1 - Dyslexia defined.
Section 13-37-30 - Braille literary assessment and educational services for blind students.
Section 13-37-31 - Competency of braille instructors--Promulgation of rules.
Section 13-37-35.1 - Definitions.
Section 13-37-35.2 - Department to recalculate allocations for disability levels biennially.
Section 13-37-36.1 - School district special education fund statutory carryover.
Section 13-37-36.2 - Level five disability criteria.
Section 13-37-36.3 - Computation of state aid to districts for special education.
Section 13-37-37 - Monthly payment of state aid for special education.
Section 13-37-40 - Portion of appropriation set aside for extraordinary expenses.
Section 13-37-40.1 - Certification required for funding.
Section 13-37-42 - Limitation on expenditure of funds set aside for extraordinary expenditures.
Section 13-37-44 - Reduction of district's aid for special education for excess balance in fund.
Section 13-37-45 - Allocation of undistributed appropriations.
Section 13-37-47 - Promulgation of rules.
Section 13-37-49 - Record of public school child count subject to examination by department.
Section 13-37-52 - Department may promulgate rules to define disabilities.
Section 13-37-54 - Promulgation of rules for reallocation of state aid to special education.
Section 13-37-55 - Coordinated early intervening services.
Section 13-37-56 - Approval for early intervening services.
Section 13-37-57 - Annual report on early intervening services.
Section 13-37-58 - Promulgation of rules on early intervening services.
Section 13-37-59 - District with early intervening services ineligible for other funds.
Section 13-37-60 - Extraordinary Cost Oversight Board established.