Legal costs are an allowable expense for special education fund.
be amended to read as follows:
The South Dakota Board of Education may promulgate rules pursuant to chapter 1-
26 to identify allowable expenditures from the special education fund.
Legal costs incurred by a
school district as a direct result of providing special education or special education and related
services to a child for whom the district is financially responsible are allowable expenditures. The
allowable expenditures may include any legal costs incurred by the school district in the referral,
evaluation, and placement processes as well as any other legal expenses for which the district is
determined to be legally responsible to pay as a result of due process hearings.