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. (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. (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. (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. (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. (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. (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.

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.