13-37-8.6. Costs of special education services--Sources--Provisions--Financial losses.
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/sd/title-13/chapter-13-37/13-37-8-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The costs for special education and related services, as defined in rules promulgated by the South Dakota Board of Education Standards pursuant to chapter 1-26 , may be covered and available from accident and health insurers, nonprofit medical and surgical plans, health maintenance organizations, fraternal benefit societies, or federally reimbursed program sources. If a school district chooses to access these funds through the use of parent's insurance proceeds, the following provisions apply:
(1)Expenses for special education and related services may not be borne by the parent;
(2)The filing of claims may not delay the education of a child;
(3)The school district is responsible for payment of a deductible amount and for any advance payment required until the time a claim is paid;
(4)Parental consent shall be obtained to file an insurance claim;
(5)The school district shall inform parents of any potential financial losses that they could incur; and
(6)If parents would incur a financial loss, the use of parent's insurance proceeds must be voluntary.
For purposes of this section only, financial losses include a decrease in available lifetime coverage or any other benefit under an insurance policy, an increase in premiums under an insurance policy, or an out-of-pocket expense such as the payment of a deductible amount incurred in filing a claim.