A school district may appeal the board's denial of an appeal of the imposition of the financial penalty under SDCL 13-13-73.6 to the secretary of education within 15 calendar days of receipt of the notice of denial. The appeal to the secretary shall be in writing and specify the adverse action being appealed. The appeal shall also include a copy of the school district's application to the board appealing the imposition of the financial penalty of SDCL 13-13-73.6 and the minutes of the board meeting at which the adverse action was taken. The secretary may require the district to submit additional information in order to make the determination.
The secretary shall issue a written decision within 30 calendar days of receipt of the appeal of the notice of denial. The decision shall be served upon the school district via certified mail. The secretary shall forward recommendations for waiver to the Joint Committee on Appropriations for approval. If the secretary upholds the board's denial of an appeal of imposition of the financial penalty, the decision of the secretary is final.
S.D. Admin. R. 24:44:01:09
General Authority: SDCL 1-45-38.
Law Implemented: SDCL 1-45-38, 13-8-47, 13-13-73.5, 13-13-73.6.