South Dakota Administrative Code

Rule 24:05:14:02 Repealed. 24:05:14:02.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:03 Repealed. 24:05:14:03.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:04 Repealed. 24:05:14:04.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:05 Repealed. 24:05:14:05.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 Repealed.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16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:06 Repealed. 24:05:14:06.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:07 Repealed. 24:05:14:07.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:08 Repealed. 24:05:14:08.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:09 Repealed. 24:05:14:09.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:10 Repealed. 24:05:14:10.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:11 Repealed. 24:05:14:11.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 Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:14:12 Repealed. 24:05:14:12.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 Repealed.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

Rule 24:05:16:01 Repealed. 24:05:16:01. Comprehensive system of personnel development. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236,…

Rule 24:05:16:01.01 Repealed. 24:05:16:01.01. Comprehensive system of personnel development for early intervention personnel.Repealed. Source: 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 28, 1993; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 1…

Rule 24:05:16:01.02 Repealed. 24:05:16:01.02. Adequate supply of qualified personnel. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:16:01.03 Repealed. 24:05:16:01.03. Improvement strategies. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:16:02 Repealed. 24:05:16:02. Definitions. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:16:03 Repealed. 24:05:16:03. Scope of the system.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000…

Rule 24:05:16:04 Repealed. 24:05:16:04. Annual needs assessment.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:05 Staff development component in school district's comprehensive plan. 24:05:16:05. Staff development component in school district's comprehensive plan. The staff development section of each school district's comprehensive plan shall include information to demonstr…

Rule 24:05:16:06 Repealed. 24:05:16:06. Assignment of comprehensive system of personnel development advisory committee.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, eff…

Rule 24:05:16:07 Repealed. 24:05:16:07. Administration of the annual personnel needs assessment.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:08 Repealed. 24:05:16:08. Content of personnel needs assessment. Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May…

Rule 24:05:16:08.01 Repealed. 24:05:16:08.01. Personnel needs assessment -- Determination of qualified personnel. Repealed. Source: 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective Ju…

Rule 24:05:16:08.02 Repealed. 24:05:16:08.02. Annual personnel needs assessment -- Specific personnel categories.Repealed. Source: 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective…

Rule 24:05:16:08.03 Repealed. 24:05:16:08.03. Annual personnel needs assessment -- Institutions of higher education.Repealed. Source: 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:09 Repealed. 24:05:16:09. Report of current and projected personnel needs.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:10 Repealed. 24:05:16:10. Administration of continuing education.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:11 Repealed. 24:05:16:11. Elements required in the personnel development plan.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; repealed, 26…

Rule 24:05:16:12 Repealed. 24:05:16:12. Contracts for programs materials and projects.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:13 Repealed. 24:05:16:13. Dissemination of information.Repealed. Source: 16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.