S.D. Admin. R. 24:05:19:05.01

Current through Register Vol. 51, page 67, December 16, 2024

Section 24:05:19:05.01 - Exception to maintenance of effort

Notwithstanding the restrictions in § 24:05:19:05, a school district may reduce the level of expenditures by the district under Part B of the Individuals with Disabilities Education Act below the level of those expenditures for the preceding fiscal year if the reduction is attributable to:

(1) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel;

(2) A decrease in the enrollment of students with disabilities;

(3) The termination of the obligation of the district, consistent with this chapter, to provide a program of special education to a particular student with a disability that is an exceptionally costly program as determined by the state, because the student:

(a) Has left the jurisdiction of the district;

(b) Has reached the age at which the obligation of the district to provide a free appropriate public education to the student has terminated; or

(c) No longer needs the program of special education;

(4) The termination of costly expenditures for long-term purchases such as the acquisition of equipment or the construction of school facilities; or

(5) The assumption of cost by the extraordinary costs fund operated by the department under chapter 24:05:33.01.

S.D. Admin. R. 24:05:19:05.01

26 SDR 150, effective 5/22/2000; 33 SDR 236, effective 7/5/2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.