The timeline described in § 24:05:25:03 does not apply to a school district if:

1. (1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

2. (2) A child enrolls in a school of another school district after the relevant timeline in § 24:05:25:03 has begun, and before a determination by the child's previous school district as to whether the child is a child with a disability.

   The exception in this section applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed.

Source: 33 SDR 236, effective July 5, 2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.