South Dakota Codified Laws 13-37-50. Overreporting child count data–Recovery of twice amount of state aid–Intentional overreporting as misdemeanor
Current as of: 2023 | Check for updates
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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.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 13-37-50
- special education: means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall include school instruction conforming as nearly as possible to the school program as defined in accreditation rules under duly qualified special education teachers to the extent that the child in need of special education or special education and related services is capable of profiting. See South Dakota Codified Laws 13-37-2
Source: SL 1999, ch 90, § 6.