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          24:05:21:01.02.  Amendments to policies and procedures. Policies and procedures submitted by a local education agency in accordance with this article remain in effect until it submits to the department modifications that the agency decides are necessary. The department may require a local education agency to modify its policies and procedures, but only to the extent necessary to ensure the district’s compliance with Part B of the Individuals with Disabilities Education Act if:

 

          (1)  After December 3, 2004, the provisions of Part B of the Individuals with Disabilities Education Act or its implementing regulations are amended;

          (2)  There is a new interpretation of Part B of the Individuals with Disabilities Education Act by federal or state courts; or

          (3)  There is an official finding of noncompliance with federal or state law or regulations.

 

          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.

 


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