S.D. Admin. R. 24:05:31:04

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

Section 24:05:31:04 - Placement of children by parents

If an eligible child has available a free appropriate public education and the parents choose to place the child in a private school or facility, the public agency is not required by this chapter to pay for the child's education, including special education and related services, at the private school or facility. However, the public agency must include the child in the population whose needs are addressed consistent with chapter 24:05:32.

Disagreements between a parent and a public agency regarding the availability of a program appropriate for the child and the question of financial responsibility are subject to the due process procedures.

S.D. Admin. R. 24:05:31:04

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.

Procedural safeguards, ch 24:05:30.