If a school district either fails to voluntarily take steps to correct an identified deficiency or fails to take any of the corrective actions specified by the department or incorporated in a corrective action plan submitted by the school district and approved by the department, the department must notify the school district of the following:

1. (1) The failure to voluntarily correct an identified deficiency constitutes a failure on their part to administer their special education program in compliance with federal law;
2. (2) The actions the department intends to take in order to enforce compliance with state and federal law;
3. (3) The right to a hearing prior to the department's exercise of its enforcement responsibility; and
4. (4) The consequence the department's enforcement action would have on continued and future state and federal funding of that school district's special education programs.

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

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.