The department's payment for tuition and fees for eligible individuals attending private postsecondary educational institutions is limited to the tuition and fees established by the South Dakota Board of Regents pursuant to SDCL 13-53-6 or to the tuition established by the South Dakota Board of Education for postsecondary technical institutes plus the individual instructional fees established for the various programs, with the following exceptions:

1. (1) If it is determined by the division that a consumer is in need of special services or medical treatment concurrent with training and that such services or treatment are not provided in a location where a state school is located, the total cost of the tuition and fees may be paid by the division; or

2. (2) When it is jointly determined by the division and the consumer to undertake training which is not available in a state school, the total cost of tuition and fees may be paid.

   If it is necessary for an individual to attend an out-of-state training program because of the individual's disability, the individual's and family's financial responsibility may be no greater than the financial responsibility to attend a comparable in-state training program.

Source: 3 SDR 20, effective September 19, 1976; transferred from § 67:30:03:08, effective July 1, 1977; 11 SDR 69, effective November 18, 1984; transferred from § 71:03:03:08, SL 1989, ch 21, § 3, effective July 1, 1989; 21 SDR 45, effective September 15, 1994; 26 SDR 96, effective January 24, 2000.

General Authority: SDCL 28-9-44(4) , 28-10-21(4).

Law Implemented: SDCL 28-9-30 , 28-9-32 , 28-9-44 , 28-10-14.