South Dakota Administrative Code

Rule 24:05:19:12 Repealed. 24:05:19:12.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 Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:19:13 Repealed. 24:05:19:13.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 Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.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Rule 24:05:20:05 Repealed. 24:05:20:05.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Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:20:06 Repealed. 24:05:20:06.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 Repealed.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16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.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.

Rule 24:05:20:22 Repealed. 24:05:20:22. Division to retain records for three years. Repealed. Source: 16 SDR 41, effective September 7, 1989; 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, …

Rule 24:05:20:23 Compliance. 24:05:20:23. Compliance. If a school district either fails to voluntarily take steps to correct an identified deficiency or fails to take any of the corrective actions specified by the department or incorporated in a corrective action plan submitted b…

Rule 24:05:20:23.01 Hearings on eligibility for federal funds. 24:05:20:23.01. Hearings on eligibility for federal funds. The applicant's chief executive officer may file a hearing request as follows: (1) The applicant must request the hearing within 30 days after the action of t…

Rule 24:05:20:23.02 Public notice by school district. 24:05:20:23.02. Public notice by school district. Any school district in receipt of a notice described in § 24:05:20:23 shall, by means of public notice, take the measures necessary to bring the pendency of an action pursuant …

Rule 24:05:20:23.03 State enforcement -- General. 24:05:20:23.03. State enforcement -- General. If the department determines that a school district is not meeting the requirements of Part B of the IDEA, including the targets in the state's performance plan, the department shall p…

Rule 24:05:20:23.04 State enforcement -- Determinations. 24:05:20:23.04. State enforcement -- Determinations. On an annual basis, based on local district performance data, information obtained through monitoring visits, and other information available, the department shall determ…

Rule 24:05:20:24 Repealed. 24:05:20:24. Annual evaluation of program effectiveness.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 24:05:20:25 Repealed. 24:05:20:25. 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 24:05:20:26 Repealed. 24:05:20:26. Dissemination of information.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 24:05:21:01 Local education agency comprehensive plans -- Contents. 24:05:21:01. Local education agency comprehensive plans -- Contents. Each local education agency must have a current comprehensive plan approved by the school board on file with the district superintendent o…

Rule 24:05:21:01.01 Exception for prior policies and procedures. 24:05:21:01.01. Exception for prior policies and procedures. If a local education agency has on file with the department policies and procedures that demonstrate compliance with this article, including any policies …

Rule 24:05:21:01.02 Amendments to policies and procedures. 24:05:21:01.02. Amendments to policies and procedures. Policies and procedures submitted by a local education agency in accordance with this article remain in effect until it submits to the department modifications that t…

Rule 24:05:21:02 Approval of special education program -- Content of review. 24:05:21:02. Approval of special education program -- Content of review. The department's special education programs shall approve special education programs that meet the standards of the South Dakota B…

Rule 24:05:21:03 Comprehensive plans serve as district's eligibility for federal funds. 24:05:21:03. Comprehensive plans serve as district's eligibility for federal funds. The information required in an agency's comprehensive plan coupled with statements of expenditures, descript…

Rule 24:05:21:04 Purchase of instructional materials. 24:05:21:04. Purchase of instructional materials. A school district that chooses to coordinate with the National Instructional Materials Access Center (NIMAC), when purchasing print instructional materials, must acquire those …

Rule 24:05:21:05 Records regarding migratory children with disabilities. 24:05:21:05. Records regarding migratory children with disabilities. A school district shall cooperate in the U.S. Secretary of Education's efforts under ESSA to ensure the linkage of records pertaining to m…

Rule 24:05:22:01 District required to identify children in need of special education or special education and related services. 24:05:22:01. District required to identify children in need of special education or special education and related services. Each school district shall d…

Rule 24:05:22:02 Minimum procedures. 24:05:22:02. Minimum procedures. At a minimum, a local school district's procedures for implementing its child identification system must include the following: (1) The name and title of the individual responsible for the coordination, impleme…

Rule 24:05:22:03 Certified child. 24:05:22:03. Certified child. A certified child is a child in need of special education or special education and related services who has received a multidisciplinary evaluation and has an individual education program formulated and approved by a…