South Dakota Administrative Code

Rule 24:05:16:14 Repealed. 24:05:16:14. Annual report of efforts.Repealed.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16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:15 Repealed. 24:05:16:15. Provision of technical assistance.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.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 24:05:16:16 Personnel qualifications. 24:05:16:16. Personnel qualifications. To ensure that all personnel necessary to carry out the purposes of Part B and Part C of the Individuals with Disabilities Education Act are appropriately and adequately prepared and trained, includ…

Rule 24:05:16:16.01 Paraprofessionals and assistants. 24:05:16:16.01. Paraprofessionals and assistants. Paraprofessionals and assistants who are appropriately trained and supervised in accordance with this section may be used to assist in the provision of special education and re…

Rule 24:05:16:16.02 Repealed. 24:05:16:16.02. Shortage of personnel. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:16:16.03 Requirements for qualified special education teachers -- Teaching core academic subjects. 24:05:16:16.03. Requirements for qualified special education teachers -- Teaching core academic subjects. For any public elementary or secondary school special education …

Rule 24:05:16:16.04 Requirements for qualified special education teachers -- General 24:05:16:16.04. Requirements for qualified special education teachers -- General. For any public elementary school or secondary school special education teacher teaching in this state, being qual…

Rule 24:05:16:16.05 Requirements for qualified special education teachers -- Teaching to alternate achievement standards. 24:05:16:16.05. Requirements for qualified special education teachers -- Teaching to alternate achievement standards. For any special education teacher who te…

Rule 24:05:16:16.06 Requirements for qualified special education teachers -- Teaching multiple subjects. 24:05:16:16.06. Requirements for qualified special education teachers -- Teaching multiple subjects. For any special education teacher, who teaches two or more core academic s…

Rule 24:05:16:16.07 Right of action. 24:05:16:16.07. Right of action. Notwithstanding any other individual right of action that a parent or student may maintain under this article, nothing in this article creates a right of action on behalf of any individual student or class of s…

Rule 24:05:16:17 Repealed. 24:05:16:17. Professional standards review. 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 …

Rule 24:05:16:18 Repealed. 24:05:16:18. Director of special education.Repealed. Source: 18 SDR 158, effective March 31, 1992; repealed, 20 SDR 33, effective September 8, 1993.

Rule 24:05:16:19 Early childhood special education teacher. 24:05:16:19. Early childhood special education teacher. A school district that is operating an early childhood special education program must employ a teacher who meets all the requirements of §§ 24:28:19:02, 24:28:20:02…

Rule 24:05:16:20 Employment and advancement of qualified individuals with disabilities. 24:05:16:20. Employment and advancement of qualified individuals with disabilities. Each recipient of assistance under Part B of the IDEA must make positive efforts to employ, and advance in e…

Rule 24:05:17:01 State-wide coordination of child find and data collection activities. 24:05:17:01. State-wide coordination of child find and data collection activities. The Office of Educational Services and Supports, through its special education programs, is the state agency r…

Rule 24:05:17:02 Federal child count procedures under Part B of the Individuals with Disabilities Education Act. 24:05:17:02. Federal child count procedures under Part B of the Individuals with Disabilities Education Act. The Office of Educational Services and Supports, through i…

Rule 24:05:17:03 Annual report of children served. 24:05:17:03. Annual report of children served. In its annual report of children served, the department shall indicate the number of children with disabilities receiving special education and related services on December 1 of that…

Rule 24:05:17:04 Reporting of multiple disabilities. 24:05:17:04. Reporting of multiple disabilities. The department shall report a child with deaf-blindness under the category deaf-blindness unless the child is reported as having a developmental delay. The department shall repor…

Rule 24:05:17:05 Children included in report. 24:05:17:05. Children included in report. The department may include children with disabilities in its report who are enrolled in a school or program which is operated or supported by a public agency and which either provides them wit…

Rule 24:05:17:06 Repealed. 24:05:17:06. Children not included in report. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:17:07 Repealed. 24:05:17:07. Counting of children on Indian reservations or military facilities.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 24:05:17:08 Written notice provided by Office of Data Collection. 24:05:17:08. Written notice provided by Office of Data Collection. The Office of Data Collection shall provide all local education agencies with written notice of the procedures to be followed in counting the …

Rule 24:05:17:09 Return of information. 24:05:17:09. Return of information. Local education agencies shall return information on counting eligible children to the Office of Data Collection. Each local school superintendent shall certify in writing that the information provided is…

Rule 24:05:17:10 Overidentification and disproportionality. 24:05:17:10. Overidentification and disproportionality. The department shall provide for the collection and examination of data to determine whether any inappropriate overidentification or significant disproportionality …

Rule 24:05:19:01 Local education agency entitlements. 24:05:19:01. Local education agency entitlements. From the total amount of funds received by the state education agency under the Individuals with Disabilities Education Act, Part B, for any fiscal year, the department shall d…

Rule 24:05:19:01.01 Base payment adjustments. 24:05:19:01.01. Base payment adjustments. For any fiscal year after 1999, the base payment described in subdivision 24:05:19:01(1) shall be adjusted under the following circumstances: (1) If a new local education agency is created, th…

Rule 24:05:19:02 Reallocation of local education agency funds. 24:05:19:02. Reallocation of local education agency funds. If the department determines that a local education agency is adequately providing a free appropriate public education to all certified children with disabili…

Rule 24:05:19:03 Excess cost. 24:05:19:03. Excess cost. A local education agency may only use funds under the Individuals with Disabilities Education Act, Part B, for excess costs of providing special education and related services to certified children with disabilities. Source:…

Rule 24:05:19:04 Nonsupplanting. 24:05:19:04. Nonsupplanting. Each local education agency must use Individuals with Disabilities Education Act, Part B funds to supplement other federal, state, and local funds expended for the education of certified children with disabilities. Fed…

Rule 24:05:19:05 Proscribed use of funds. 24:05:19:05. Proscribed use of funds. Except as provided in §§ 24:05:19:05.01 and 24:05:19:05.05, Individuals with Disabilities Education Act, Part B funds may not be used to reduce the level of expenditures made by a local education agen…

Rule 24:05:19:05.01 Exception to maintenance of effort. 24:05:19:05.01 Exception to maintenance of effort. Notwithstanding the restrictions in § 24:05:19:05, a school district may reduce the level of expenditures by the district under Part B of the Individuals with Disabilities E…

Rule 24:05:19:05.02 Repealed. 24:05:19:05.02. Use of federal funds in certain fiscal years. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:19:05.03 Permissive use of funds. 24:05:19:05.03. Permissive use of funds. Notwithstanding federal requirements governing excess cost, use of Part B funds to supplement state, local and other federal funds and not supplant those funds, maintenance of effort, and commin…

Rule 24:05:19:05.04 Repealed. 24:05:19:05.04. Coordinated services system. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:19:05.05 Adjustment to local fiscal efforts in certain fiscal years. 24:05:19:05.05. Adjustment to local fiscal efforts in certain fiscal years. Notwithstanding the excess cost and maintenance of effort requirements, and the exception regarding early intervening servic…

Rule 24:05:19:05.06 Early intervening services -- General. 24:05:19:05.06. Early intervening services -- General. A district may not use more than 15 percent of the amount the district receives under Part B of the IDEA for any fiscal year, less any amount reduced by the district …

Rule 24:05:19:05.07 Early intervening services -- Activities. 24:05:19:05.07. Early intervening services -- Activities. In implementing coordinated, early intervening services, a school district may carry out activities that include: (1) Professional development, which may be pro…

Rule 24:05:19:05.08 Early intervening services -- Reporting. 24:05:19:05.08. Early intervening services -- Reporting. Each school district that develops and maintains coordinated, early intervening services must annually report to the department on: (1) The number of children ser…

Rule 24:05:19:05.09 Schoolwide programs -- General. 24:05:19:05.09. Schoolwide programs -- General. Notwithstanding the provisions of excess cost and maintenance of effort, or any other provision of Part B of the IDEA, a school district may use funds received under Part B of the …

Rule 24:05:19:05.10 Schoolwide programs -- Funding 24:05:19:05.10. Schoolwide programs -- Funding. The funds described in § 24:05:19:05.09 are subject to the following conditions: (1) The funds must be considered as federal Part B IDEA funds for purposes of the calculations requi…

Rule 24:05:19:05.11 Schoolwide programs -- Meeting other Part B requirements. 24:05:19:05.11. Schoolwide programs -- Meeting other Part B requirements. Except as provided in § 24:05:19:05.10, all other requirements of Part B of the IDEA must be met by a school district using Part…

Rule 24:05:19:06 Repealed. 24:05:19:06. Displacing state or local funds proscribed.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 24:05:19:07 Repealed. 24:05:19:07. Comparable services.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 24:05:19:08 Valid obligations enforceable. 24:05:19:08. Valid obligations enforceable. Nothing in this article relieves an insurer or a similar third party from an otherwise valid obligation to provide or pay for services provided to a child with disabilities. Consistent wit…

Rule 24:05:19:08.01 Prohibition against commingling. 24:05:19:08.01. Prohibition against commingling. Funds under Part B of IDEA may not be commingled with state funds. Source: 26 SDR 150, effective May 22, 2000. General Authority: SDCL 13-37-1.1. Law Implemented: SDCL 13-37-1.1

Rule 24:05:19:08.02 State-level nonsupplanting. 24:05:19:08.02. State-level nonsupplanting. Except as provided in § 24:05:19:05, federal funds paid to the state under Part B of the Individuals with Disabilities Education Act, shall be used to supplement and in no case supplant, f…

Rule 24:05:19:08.03 Maintenance of state financial support. 24:05:19:08.03. Maintenance of state financial support. The state may not reduce the amount of state financial support for special education and related services for students with disabilities, or financial support other…

Rule 24:05:19:09 Funds for state administration. 24:05:19:09. Funds for state administration. The state for each fiscal year may set aside an amount equal to or less than $850,000 adjusted cumulatively for inflation for state administration under Part B of the IDEA. Before the ex…

Rule 24:05:19:10 Allowable costs. 24:05:19:10. Allowable costs. The department may use funds under § 24:05:19:09 for the following costs: (1) Administering the Part B, Part C, and preschool section 619 programs under the IDEA; and (2) Coordinating activities under Part B of the I…

Rule 24:05:19:11 Use of state agency allocations -- Other state-level activities. 24:05:19:11. Use of state agency allocations -- Other state-level activities. The state may use an amount equal to nine and one-half percent, adjusted cumulatively for inflation each fiscal year, of…