Changes to Existing Law

26.434.9 26.434.10 101st Legislative Session 106 2026 South Dakota Legislature Senate Bill 106 HOUSE APPROPRIATIONS ENGROSSED Introduced by: Senator Sauder Underscores indicate new language. Overstrikes indicate deleted language. An Act to modify the amount required to be set aside for extraordinary expenses 1 incurred in providing special education programs. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-37-40 be AMENDED: 4 13-37-40. Subject to the limitation limitations provided below and in § 13-37-42, 5 the secretary of the Department of Education shall, for school fiscal year 2014 and each 6 year thereafter beginning July 1, 2026, set aside four five million dollars of the state aid 7 to districts for special education appropriation for extraordinary expenses incurred in 8 providing special education programs or services to one or more children with disabilities, 9 with expenditures to be made as recommended by an oversight board and approved by 10 the secretary of the Department of Education provided in § 13-37-60. Beginning July 1, 11 2027, and each year thereafter, the amount that the secretary shall set aside for 12 extraordinary expenses increases by the index factor, as defined in § 13-37-35.1. 13 Any funds not expended or obligated pursuant to this section shall are not be 14 12 subject to reversion pursuant to § 4-8-19. The total amount set aside for extraordinary 15 13 expenses each fiscal year plus the total amount not reverted from previous fiscal years 16 14 may, provided that the total amount reserved each year for extraordinary expenses does 17 15 not exceed five million five hundred thousand dollars. 18 16 The amount appropriated for extraordinary expenses shall be recalculated at the 19 17 same time as the amount of the allocations for disability levels as provided in § 13-37-20 13-37-18 35.2. Beginning July 1, 2027, and each year thereafter, the maximum amount that may 21 be reserved for extraordinary expenses increases by the index factor, as defined in § 13-22 37-35.1. 23 19

26.434.10 26.434.11 101st Legislative Session 106 2026 South Dakota Legislature Senate Bill 106 HOUSE APPROPRIATIONS ENGROSSED Introduced by: Senator Sauder Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to modify the amount required to be set aside for extraordinary expenses 1 incurred in providing special education programs. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 13-37-40 be AMENDED: 4 13-37-40. Subject to the limitation limitations provided below and in § 13-37-42, 5 the secretary of the Department of Education shall, for school fiscal year 2014 and each 6 year thereafter beginning July 1, 2026, set aside four five million dollars of the state aid 7 to districts for special education appropriation for extraordinary expenses incurred in 8 providing special education programs or services to one or more children with disabilities, 9 with expenditures to be made as recommended by an oversight board and approved by 10 the secretary of the Department of Education provided in § 13-37-60. 11 Any funds not expended or obligated pursuant to this section shall are not be 12 subject to reversion pursuant to § 4-8-19. The total amount set aside for extraordinary 13 expenses each fiscal year plus the total amount not reverted from previous fiscal years 14 may, 4-8-19, provided that the total amount reserved each year for extraordinary expenses does 15 not exceed five million five hundred thousand dollars. 16 The 26.434.11 2 106 SB106 ENROLLED An Act to modify the amount appropriated required to be set aside for extraordinary expenses shall be recalculated at incurred in providing special education programs. I certify that the 17 same time attached Act originated in the: Senate as the amount Bill No. 106 Secretary of the allocations Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 106 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for disability levels as provided in § 13-37-18 35.2. 19 the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State