South Dakota Administrative Code

Rule 24:05:16:01.03 Repealed. 24:05:16:01.03.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 Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:16:02 Repealed. 24:05:16:02.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 Repealed.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19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:16:03 Repealed. 24:05:16:03.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Repealed.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19 SDR 29, effective August 30, 1992; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000…

Rule 24:05:16:04 Repealed. 24:05:16:04.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Repealed.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16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.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Rule 24:05:16:06 Repealed. 24:05:16:06.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Repealed.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16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, eff…

Rule 24:05:16:07 Repealed. 24:05:16:07.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Repealed.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16 SDR 41, effective September 7, 1989; 19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:16:08 Repealed. 24:05:16:08.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 Repealed.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Rule 24:05:16:08.01 Repealed. 24:05:16:08.01.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 Repealed.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19 SDR 29, effective August 30, 1992; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective Ju…

Rule 24:05:16:08.02 Repealed. 24:05:16:08.02.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.

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…