§ 13-37-8-6

13-37-8.6. Costs of special education services--Sources--Provisions--Financial losses.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

ial 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. Source: SDC Supp 1960, §15.3004 (6), (14) as added by SL 1966, ch 43; SDCL §§13-37-9, 13-37-22; SL 1968, ch 51, §§5 (5), 8; SL 1968, ch 51, §5 (4) as amended by SL 1969, ch 58; SL 1975, ch 128, §235; SL 1976, ch 121, §3; SL 1988, ch 146; SL 1995, ch 101, §13; SL 1996, ch 123; SL 2017, ch 81, §57.