South Dakota Administrative Code

Rule 24:03:07:04.01 Superseded. 24:03:07:04.01. Superseded by legislation. Code Commission Note: This rule, which required minimum expenditures for books, magazines, and audiovisual materials effective July 1, 1981, was suspended by the interim rules review committee by resolutio…

Rule 24:03:08:01 Transferred. 24:03:08:01. Transferred to § 24:03:05:10.

Rule 24:03:08:02 Transferred. 24:03:08:02. Transferred to § 24:03:05:11.

Rule 24:03:08:03 Transferred. 24:03:08:03. Transferred to § 24:03:04:08.01.

Rule 24:05:13:01 Definitions. 24:05:13:01. Definitions. Terms defined in § 24:43:01:01 and in SDCL 13-37-1 have the same meaning when used in this article. In addition, terms used in this article mean: (1) "Adult services," services pertaining to independent living, vocational de…

Rule 24:05:13:02 Free appropriate public education (FAPE) defined. 24:05:13:02. Free appropriate public education (FAPE) defined. For purposes of this article, the term, free appropriate public education, or FAPE, includes special education and related services which meet the fol…

Rule 24:05:13:03 Repealed. 24:05:13:03. Foster parent. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:13:04 Parent 24:05:13:04. Parent. For the purposes of this article, the term, parent, means: (1) A biological or adoptive parent of a child; (2) A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster pa…

Rule 24:05:14:01 Interagency agreements. 24:05:14:01. Interagency agreements. The department shall develop and implement interagency agreements with the Departments of Social Services, Health, Human Services, and Corrections for the purpose of describing the role that each of the…

Rule 24:05:14:01.01 Coordination of services. 24:05:14:01.01. Coordination of services. Interagency agreements described in § 24:05:14:01 also include policies and procedures for agencies to use in determining and identifying the interagency coordination responsibilities of each …

Rule 24:05:14:01.02 Obligation of noneducational public agencies. 24:05:14:01.02. Obligation of noneducational public agencies. If any public agency other than an educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy o…

Rule 24:05:14:01.03 Children with disabilities covered by public benefits or insurance. 24:05:14:01.03. Children with disabilities covered by public benefits or insurance. A public agency may use the Medicaid or other public benefits or insurance programs in which a student parti…

Rule 24:05:14:01.04 Use of public benefits or insurance -- Annual notification. 24:05:14:01.04. Use of public benefits or insurance -- Annual notification. A public agency, before accessing a student's or parent's public benefits or insurance for the first time, and annually ther…

Rule 24:05:14:01.05 Children with disabilities covered by private insurance. 24:05:14:01.05. Children with disabilities covered by private insurance. With regard to services required to provide FAPE to an eligible student under this article, a public agency may access a parent's …

Rule 24:05:14:01.06 Use of Part B funds for insurance costs. 24:05:14:01.06. Use of part B funds for insurance costs. If a public agency is unable to obtain parental consent to use the parent's private insurance, or public benefits or insurance if the parent would incur a cost fo…

Rule 24:05:14:02 Repealed. 24:05:14:02. State Advisory Panel for Children with Disabilities. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:03 Repealed. 24:05:14:03. Terms of panel members. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:04 Repealed. 24:05:14:04. Composition of panel. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:05 Repealed. 24:05:14:05. Appointment procedure. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:06 Repealed. 24:05:14:06. State advisory panel functions. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:07 Repealed. 24:05:14:07. Officers. Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:08 Repealed. 24:05:14:08. Minutes. Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:09 Repealed. 24:05:14:09. Notice of meetings. Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:10 Repealed. 24:05:14:10. Interpreters. Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:11 Repealed. 24:05:14:11. Expenses of members. Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:12 Repealed. 24:05:14:12. Reports. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:13 Performance goals and indicators. 24:05:14:13. Performance goals and indicators. The department shall have in effect established goals for the performance of children with disabilities in the state that: (1) Promote the purposes of Part B of the Individuals with …

Rule 24:05:14:14 Participation in assessments. 24:05:14:14. Participation in assessments. All children with disabilities shall be included in all general state and district-wide assessment programs, including assessments described in the ESEA, with appropriate accommodations and …

Rule 24:05:14:14.01 Alternate assessments. 24:05:14:14.01. Alternate assessments. As appropriate, the department or local educational agency shall develop and implement alternate assessments and guidelines for the participation of children with disabilities in alternate assessmen…

Rule 24:05:14:15 Reports relating to assessments. 24:05:14:15. Reports relating to assessments. As appropriate, the department or local educational agency shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on …

Rule 24:05:14:15.01 Use of universal design in assessments. 24:05:14:15.01. Use of universal design in assessments. As appropriate, the department or local educational agency shall, to the extent possible, use universal design principles in developing and administering any assess…

Rule 24:05:14:16 Suspension and expulsion rates. 24:05:14:16. Suspension and expulsion rates. The department shall examine data, including data disaggregated by race and ethnicity, from local education agencies and other state agencies, as appropriate, to determine whether signif…

Rule 24:05:14:17 Access to instructional materials. 24:05:14:17. Access to instructional materials. The department shall adopt the National Instructional Materials Accessibility Standard (NIMAS), for the purposes of providing instructional materials to blind persons or other pers…

Rule 24:05:14:18 State advisory panel -- General. 24:05:14:18. State advisory panel -- General. The department shall establish and maintain an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disa…

Rule 24:05:14:19 State advisory panel --Membership. 24:05:14:19. State advisory panel -- Membership. The advisory panel must consist of members appointed by the Governor, or any other official authorized under state law to make such appointments, be representative of the state po…

Rule 24:05:14:20 State advisory panel -- Duties. 24:05:14:20. State advisory panel -- Duties. The advisory panel shall: (1) Advise the department of unmet needs within the state in the education of children with disabilities; (2) Comment publicly on any rules proposed by the depa…

Rule 24:05:14:21 Prohibition on mandatory medication. 24:05:14:21. Prohibition on mandatory medication. State and school district personnel may not require parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Con…

Rule 24:05:15:01 Repealed. 24:05:15:01. Appeal procedures. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:15:02 Complaint. 24:05:15:02. Complaint. A complaint is a written signed statement by an individual or organization, including an individual or organization from another state, containing a statement that the department of education or a school district has violated a …

Rule 24:05:15:02.01 Remedies. 24:05:15:02.01. Remedies. In resolving a complaint in which it has found a failure to provide appropriate services, the department, pursuant to its general supervisory authority under Part B of the IDEA, shall address: (1) The failure to provide appr…

Rule 24:05:15:03 Complaint procedure. 24:05:15:03. Complaint procedure. An organization or individual may file a written, signed complaint with the state director of special education. The party filing the complaint shall forward a copy of the complaint to the school district ser…

Rule 24:05:15:04 Repealed. 24:05:15:04. Complaint against the state.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:15:05 Complaint against a school district. 24:05:15:05. Complaint against a school district. If the complaint is against a school district, the following steps shall be taken: (1) The state director of special education shall appoint a complaint investigation coordinat…

Rule 24:05:15:06 Time limits. 24:05:15:06. Time limits. All complaints must be resolved within 60 days after receipt of the complaint by the state director of special education except as stated in this section. The time limit of 60 days may be extended only under exceptional circ…

Rule 24:05:15:07 Information about complaint procedures. 24:05:15:07. Information about complaint procedures. The department's special education programs shall inform parents and other interested individuals, including parent training centers, protection and advocacy agencies, in…

Rule 24:05:15:08 Complaints and due process hearings. 24:05:15:08. Complaints and due process hearings. If a written complaint is received that is also the subject of a due process hearing under this article or contains multiple issues, of which one or more are part of that heari…