S.D. Admin. R. 24:05:20:12

Current through Register Vol. 50, page 162, June 24, 2024

Section 24:05:20:12 - Additional requirements for consolidated requests

In addition to the requirements of §§ 24:05:20:01 to 24:05:20:11, inclusive, the following provisions are applicable. The department shall also annually notify those districts within the state that may be required to submit a consolidated request:

(1) A consolidated request must meet the same minimum requirements as a single district request and must be signed by the superintendent of each participating school district;

(2) School districts participating in a consolidated request are jointly responsible for implementing a program of free appropriate public education for all their students with disabilities, including the least restrictive environment requirements;

(3) Noncompliance with the Individuals with Disabilities Education Act, Part B requirements by any single school district participating in a consolidated request constitutes noncompliance by all districts involved;

(4) Each school district participating in a consolidated request must use an accounting system that permits identification of the costs paid for under its subgrant;

(5) Excess cost for a consolidated request shall be computed on the basis of the average of the combined minimum amounts each school district spends for elementary and secondary school students; and

(6) The state may not make a subgrant that exceeds the sum of the entitlements of the separate local education agencies.

The provisions of this section only apply to the submission of a consolidated request for Individuals with Disabilities Education Act, Part B funds. They are not applicable to the establishment of cooperative educational service units.

S.D. Admin. R. 24:05:20:12

16 SDR 41, effective 9/7/1989; 23 SDR 31, effective 9/8/1996; 26 SDR 150, effective 5/22/2000; 33 SDR 236, effective 7/5/2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.