24:05:32:01.05. Consultation. To ensure timely and meaningful consultation, a school district, or, if appropriate, the department shall consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:
(1) The child find process, including:
(a) How parentally-placed private school children suspected of having a disability can participate equitably; and
(b) How parents, teachers, and private school officials will be informed of the process;
(2) The determination of the proportionate share of federal funds available to serve parentally-placed private school children with disabilities under this chapter, including the determination of how the proportionate share of those funds was calculated;
(3) The consultation process among the district, private school officials, and representatives of parents of parentally-placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services;
(4) How, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities, including a discussion of:
(a) The types of services, including direct services and alternate service delivery mechanisms;
(b) How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children; and
(c) How and when those decisions will be made; and
(5) How, if the district disagrees with the views of the private school officials on the provision of services or the types of services, whether provided directly or through a contract, the district will provide to the private school officials a written explanation of the reasons why the district chose not to provide services directly or through a contract.
Source: 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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