In addition to the content requirements of the request for funds itself, reviewers from the department's special education programs shall take into account a local education agency's failure to correct an identified deficiency found through state monitoring or a complaint investigation, consider any decision made in a due process hearing which was adverse to the local education agency, and consider any previous decisions that resulted in the withholding of funds.

Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.