Policies and procedures submitted by a local education agency in accordance with this article remain in effect until it submits to the department modifications that the agency decides are necessary. The department may require a local education agency to modify its policies and procedures, but only to the extent necessary to ensure the district’s compliance with Part B of the Individuals with Disabilities Education Act if:

1. (1) After December 3, 2004, the provisions of Part B of the Individuals with Disabilities Education Act or its implementing regulations are amended;
2. (2) There is a new interpretation of Part B of the Individuals with Disabilities Education Act by federal or state courts; or
3. (3) There is an official finding of noncompliance with federal or state law or regulations.

Source: 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.