Notwithstanding the notice requirements in § 24:05:31:06, the cost of reimbursement may not be reduced or denied for failure to provide notice if:

1. (1) Compliance with § 24:05:31:06 would likely result in physical harm to the child;
2. (2) The school prevented the parent from providing the notice; or

3. (3) The parents had not received notice, pursuant to chapter 24:05:30, of the notice requirement in § 24:05:31:06.

   In addition, the cost of reimbursement, may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if the parents are not literate or cannot write in English or if compliance with this section would likely result in serious emotional harm to the child.

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.