The IEP team may modify the student's individualized education program or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. However, these modifications do not apply with respect to:

1. (1) The development, review, and revision of individualized education programs as described in this chapter;
2. (2) Content of the individualized education program with the exception of general assessment and transition as noted above; and
3. (3) The least restrictive environment provisions relating to being educated with nondisabled students and removal from the regular education environment.

Source: 26 SDR 150, effective May 22, 2000.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.