Changes to Existing Law

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, or recommended for placement, by an individualized education program team but is, at the time of placementand 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, the Department of Social Services, or any entity approved by the Department of Social Services. For purposes of this section,a state Terms used in this section mean: (1) Intensive residential treatment center, a center that is licensed by the Department of Social Services to care seven or more children, and which provides more intensive and frequent services and supervision of children and individualized treatment to prevent runaway behavior, rage and physical aggression, and the likelihood of children injuring themselves or others; (2) Residential treatment center, a center licensed by the Department of Social Services to care for seven or more children who have behavioral or emotional problems requiring intensive professional assistance and therapy in a highly structured, self-contained environment; and 25 (3) State operated school is, 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. 3