South Dakota Administrative Code

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Rule 24:05:19:06 Repealed. 24:05:19:06.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Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:19:07 Repealed. 24:05:19:07.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Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.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

Rule 24:05:19:12 Repealed. 24:05:19:12. Subgrants for capacity-building and improvement. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:19:13 Repealed. 24:05:19:13. Division discretion in awarding subgrants. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:20:01 Notice of availability of funds. 24:05:20:01. Notice of availability of funds. Annually, the state director of special education shall provide written notice to all local education agencies, state agencies, and applicable cooperatives of the availability of Indiv…

Rule 24:05:20:02 Form of notice. 24:05:20:02. Form of notice. The notice in § 24:05:20:01 shall include the following: (1) Procedures for applicants to follow in completing and submitting requests for Individuals with Disabilities Education Act, Part B funds; (2) The objectives o…

Rule 24:05:20:03 Review and approval process. 24:05:20:03. Review and approval process. Requests for funds submitted to the department shall be reviewed by the department's special education programs for consistency with the Individuals with Disabilities Education Act, Part B req…

Rule 24:05:20:04 Additional requirements. 24:05:20:04. Additional requirements. In addition to the content requirements of the request for funds itself, reviewers from the department's special education programs shall take into account a local education agency's failure to correc…

Rule 24:05:20:05 Repealed. 24:05:20:05. Review of recommendations by panel.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 24:05:20:06 Repealed. 24:05:20:06. Review by state director. 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 24:05:20:07 Notification of grant award. 24:05:20:07. Notification of grant award. Once the request for funds is approved, the state director of special education and the Office of Finance and Management shall notify a local education agency, in writing, of the following: (1…

Rule 24:05:20:08 Amendments to requests. 24:05:20:08. Amendments to requests. If a local education agency makes a significant amendment to its request for funds, the local education agency shall follow the procedures provided in § 24:05:20:02 for submitting an original request. T…

Rule 24:05:20:09 Project evaluation and monitoring. 24:05:20:09. Project evaluation and monitoring. The department shall annually evaluate projects approved under the Individuals with Disabilities Education Act, Part B, through the review and analysis of required reports submitte…

Rule 24:05:20:10 Consolidated requests. 24:05:20:10. Consolidated requests. The department may require local education agencies to submit a consolidated request for payments under the Individuals with Disabilities Education Act, Part B, if it determines that an individual request…

Rule 24:05:20:11 Repealed. 24:05:20:11. Size and scope of program.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000. General Authority: SDCL 13-37-1.1. Law Implemented: SDCL 13-37-1.1.

Rule 24:05:20:12 Additional requirements for consolidated requests. 24:05:20:12. Additional requirements for consolidated requests. In addition to the requirements of §§ 24:05:20:01 to 24:05:20:11, inclusive, the following provisions are applicable. The department shall also annu…

Rule 24:05:20:13 Direct service by department. 24:05:20:13. Direct service by department. The department may not distribute funds to a local education agency if the local education agency, in any fiscal year, meets any one of the following conditions: (1) Has not provided the inf…

Rule 24:05:20:14 Direct services. 24:05:20:14. Direct services. The department may provide special education and related services directly by contract or through other arrangements and at locations it considers appropriate. The excess cost requirements do not apply to the departm…

Rule 24:05:20:14.01 Excess cost requirements defined. 24:05:20:14.01. Excess cost requirements defined. "Excess costs" are those costs that are in excess of the average annual per student expenditure in a local education agency during the preceding school year for an elementary o…

Rule 24:05:20:15 Repealed. 24:05:20:15. Retention of records for federal programs. 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 24:05:20:16 Repealed. 24:05:20:16. Required records of grant funds. 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 24:05:20:17 Repealed. 24:05:20:17. Required records of program compliance. 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 24:05:20:18 Program monitoring and evaluation. 24:05:20:18. Program monitoring and evaluation. In conjunction with its general supervisory responsibility under the Individuals with Disabilities Education Act, Part B, the special education programs of the Office of Educationa…

Rule 24:05:20:18.01 State monitoring -- Primary focus. 24:05:20:18.01. State monitoring -- Primary focus. The department shall monitor the implementation of this article, enforce this article in accordance with §§ 24:05:20:23.03 and 24:05:20:23.04 and annually report on performan…

Rule 24:05:20:18.02 State monitoring -- Qualtifiable indicators and priority areas. 24:05:20:18.02. State monitoring -- Quantifiable indicators and priority areas. The department shall monitor school districts using quantifiable indicators in each of the following priority areas,…

Rule 24:05:20:18.03 State performance plan -- General. 24:05:20:18.03. State performance plan -- General. The department shall have in place a performance plan that evaluates the state's efforts to implement the requirements and purposes of Part B of the IDEA, and describes how t…

Rule 24:05:20:18.04 State performance plan -- Data collection. 24:05:20:18.04. State performance plan -- Data collection. The department shall collect valid and reliable information as needed to report annually to the U.S. Secretary of Education on the indicators established by t…

Rule 24:05:20:18.05 State use of targets and reporting. 24:05:20:18.05. State use of targets and reporting. The department shall use the targets established in the state's performance plan and the priority areas described in § 24:05:20:18.02 to analyze the performance of each sch…

Rule 24:05:20:18.06 Public attention. 24:05:20:18.06. Public attention. If the department receives notice that the U.S. Secretary of Education is proposing to take or is taking an enforcement action against the department, the department shall, by means of a public notice, take s…

Rule 24:05:20:19 Collection and analysis of data. 24:05:20:19. Collection and analysis of data. The department shall collect and analyze information sufficient to identify any deficiency of a public or private agency providing services to eligible children within the state. Sourc…

Rule 24:05:20:20 Deficiency correction procedures. 24:05:20:20. Deficiency correction procedures. The department shall require local education agencies to correct deficiencies in program operations that are identified through monitoring as soon as possible, but no later than one …

Rule 24:05:20:20.01 Repealed. 24:05:20:20.01. Notification of deficiency. Repealed. Source: 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:20:21 Repealed. 24:05:20:21. Immediate procedures. 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.