13-37-36.1. School district special education fund statutory carryover. To establish the school district special education fund statutory carryover, deduct from the total ending fund balance the amount of Title VIII of the Elementary and Secondary Education Act funds receipted or transferred to the special education fund. Source: SL 1997, ch 89, §4; SL 2013, ch […]
13-37-36.2. Level five disability criteria. For the purpose of calculating state aid pursuant to this chapter, a level five disability shall meet criteria for at least two disability categories in levels two to four, inclusive, excluding the disability of deaf-blindness. Source: SL 1999, ch 90, §10; SL 2000, ch 87, §1; SL 2014, ch 92, […]
13-37-36.3. Computation of state aid to districts for special education. The secretary of the Department of Education shall compute state aid for special education for each school district according to the following calculations: (1)Calculate the local need of a school district; (2)State aid for special education is: (a)Local need minus local effort, the difference multiplied […]
13-37-37. Monthly payment of state aid for special education. Payment from funds provided for state aid for special education in any school fiscal year shall be made in twelve monthly installments on or about the thirtieth of each month. For the period July first through December thirty-first, the total of the six payments shall be […]
13-37-40. Portion of appropriation set aside for extraordinary expenses. Subject to the limitation in §13-37-42, the secretary of the Department of Education shall, for school fiscal year 2014 and each year thereafter, set aside four million dollars of the state aid to districts for special education appropriation for extraordinary expenses incurred in providing special education […]
13-37-40.1. Certification required for funding. A school district is not eligible for funding from the money set aside in § 13-37-40 unless the school district certifies to the secretary of education that its ending special education fund balance will not exceed ten percent of its special education expenditures for the current fiscal year. Source: SL […]
13-37-41. Establishing guidelines for expenditure of state aid for special education–Annual report. The secretary of the Department of Education shall establish guidelines for the application, approval, distribution, and expenditure of these funds and shall report annually to the Legislature on such expenditures. Source: SL 1995, ch 101, §7; SL 2003, ch 272, §63.
13-37-42. Limitation on expenditure of funds set aside for extraordinary expenditures. The amount set aside for extraordinary expenses may not be expended until the allocation of local need has been determined for each district and no more than one half of the amount set aside may be expended before January first of each year. Source: […]
13-37-44. Reduction of district’s aid for special education for excess balance in fund. A school district’s state aid for special education as calculated pursuant to §13-37-36.1 shall be reduced by the amount that its ending special education fund balance exceeds twenty-five percent of its special education expenditures for the prior fiscal year or one hundred […]
13-37-45. Allocation of undistributed appropriations. Any funds appropriated as state aid for special education that are not distributed according to §13-37-36.3 shall be used to fund any shortfall of the appropriation provided for in §13-13-73. The remaining funds shall be allocated by the secretary of the Department of Education for the purposes specified in § […]
13-37-46. Rules defining special education process–Appeal of local district’s determinations–Hearing. 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. Any appeal of a local district’s determination relating to special education or special education and related services shall be […]
13-37-47. Promulgation of rules. The secretary of the Department of Education may promulgate rules to implement the provisions of §§13-37-35.1 to 13-37-47, inclusive. Source: SL 1995, ch 101, §24; SL 2003, ch 272, §63.
13-37-49. Record of public school child count subject to examination by department. Any records related to the reporting of the child count of a public school district shall be subject to examination by the Department of Education at all times. Source: SL 1999, ch 90, §5; SL 2003, ch 272, §63.
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 […]
13-37-52. Department may promulgate rules to define disabilities. The Department of Education may promulgate rules pursuant to chapter 1-26 to define the various disabilities in this chapter. Source: SL 1999, ch 90, §11; SL 2003, ch 272, §63.
13-37-54. Promulgation of rules for reallocation of state aid to special education. The Department of Education may promulgate rules pursuant to chapter 1-26 to provide for the reallocation of state aid to special education as provided for in §13-28-9.1. Source: SL 2001, ch 84, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §63; SL 2013, […]
13-37-55. Coordinated early intervening services. 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 […]
13-37-56. Approval for early intervening services. A school district seeking to use funds pursuant to §13-37-55 shall apply for approval for the use of such funds from the Department of Education on forms provided by the department. Source: SL 2013, ch 79, §2.
13-37-57. Annual report on early intervening services. Any school district that uses funds pursuant to §13-37-55 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 […]
13-37-58. Promulgation of rules on early intervening services. The Board of Education Standards 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 §13-37-55, and the collection of data on children served pursuant to […]
