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 § 13-37-40. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the special education formula in the current year. If a shortfall in the state aid appropriation for special education exists that cannot be covered by §13-13-73, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall. Source: SL 1995, ch 101, §9B; SL 1997, ch 103, §3; SL 2003, ch 272, §63; SL 2021, ch 73, § 16.
South Dakota Legal Code