CHAPTER 100

(SB 72)

Legal costs are an allowable expense for special education fund.

         ENTITLED, An Act to  include legal costs as allowable expenditures from the special education fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 13-16-32 be amended to read as follows:

     13-16-32.   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.

     Section  2.  That § 13-37-48 be repealed.

     Signed March 7, 2005

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