South Dakota Administrative Code

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Rule 24:05:20:24 Repealed. 24:05:20:24.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Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:20:25 Repealed. 24:05:20:25.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Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:20:26 Repealed. 24:05:20:26.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Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.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…

Rule 24:05:22:04 Services for children less than three years of age. 24:05:22:04. Services for children less than three years of age. Each school district shall provide special education or special education and related services for children less than three years of age who are i…

Rule 24:05:22:04.01 Services to children age three to twenty-one, inclusive. 24:05:22:04.01. Services to children age three to twenty-one, inclusive. A child's eligibility for special education or special education and related services continues from age 3 through completion of a…

Rule 24:05:22:05 Services to children age twenty-one. 24:05:22:05. Services to children age twenty-one. A student who is enrolled in school and becomes 21 years of age during the fiscal year shall have free school privileges during the school year. Source: 16 SDR 41, effective Se…

Rule 24:05:23:01 Educational evaluator. 24:05:23:01. Educational evaluator. An educational evaluator must possess a valid teaching certificate and must have training in individual and group tests to be administered. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effec…

Rule 24:05:23:02 Psychological evaluator. 24:05:23:02. Psychological evaluator. A psychological evaluator must be a school psychologist certified by the department or a school psychological examiner certified by the department. A school psychological examiner's report must be co-…

Rule 24:05:23:03 Psychiatric evaluator. 24:05:23:03. Psychiatric evaluator. A psychiatric evaluator must be a psychiatrist licensed by the State Board of Medical and Osteopathic Examiners. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996. Gen…

Rule 24:05:23:04 Speech-language evaluator. 24:05:23:04. Speech-language evaluator. A speech-language evaluator must hold a valid South Dakota license as a speech-language pathologist pursuant to article 20:79. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective …

Rule 24:05:23:05 Audiological evaluator. 24:05:23:05. Audiological evaluator. An audiological evaluator must hold a valid South Dakota license as an audiologist or provisional audiologist pursuant to article 20:72. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effect…

Rule 24:05:23:06 Medical evaluator. 24:05:23:06. Medical evaluator. A medical evaluator must be licensed to practice medicine or osteopathy by the State Board of Medical and Osteopathic Examiners. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1…

Rule 24:05:23:07 Occupational therapy evaluator. 24:05:23:07. Occupational therapy evaluator. An occupational therapy evaluator must be licensed as an occupational therapist by the State Board of Medical and Osteopathic Examiners. Source: 16 SDR 41, effective September 7, 1989; 2…

Rule 24:05:23:08 Physical therapy evaluator. 24:05:23:08. Physical therapy evaluator. A physical therapy evaluator must be licensed as a physical therapist by the State Board of Medical and Osteopathic Examiners. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effectiv…

Rule 24:05:23:09 Vision evaluator. 24:05:23:09. Vision evaluator. A vision evaluator must be an opthalmologist licensed by the State Board of Medical and Osteopathic Examiners or an optometrist licensed by the State Board of Optometry. Source: 16 SDR 41, effective September 7, 19…

Rule 24:05:24:01 Referral. 24:05:24:01. Referral. Referral includes any written request which brings a student to the attention of a school district administrator (building principal, superintendent, or special education director) as a student who may be in need of special educat…

Rule 24:05:24:02 Duties of a district after referral. 24:05:24:02. Duties of a district after referral. Upon receiving a referral the school district shall conduct an informal review or may proceed with the evaluation process. An informal review includes a conference, if appropri…

Rule 24:05:24:03 Duties of a district after informal review. 24:05:24:03. Duties of a district after informal review. If, after an informal review arising from a parental referral, the district determines that no evaluation is necessary, the district shall inform the parents of i…

Rule 24:05:24:04 Documentation of referrals not evaluated. 24:05:24:04. Documentation of referrals not evaluated. All referrals of students that do not result in evaluation must be documented by the district. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective Se…

24:05:24.01:01. Students with disabilities defined. Students with disabilities are students evaluated in accordance with chapter 24:05:25 and this chapter as having autism spectrum disorder, deaf-blindness, deafness, hearing loss, cognitive disability, multiple disabilities, orth…

Rule 24:05:24.01:01.01 Manual defined. 24:05:24.01:01.01. Manual defined. For purposes of §§ 24:05:24.01:03 to 24:05:24.01:05, inclusive, the term, manual, means the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), American Psychiatric Association. Sou…

Rule 24:05:24.01:02 Repealed. 24:05:24.01:02. Screening procedures for autism. Repealed. Source: 18 SDR 90, effective November 25, 1991; transferred from § 24:05:25:27, 23 SDR 31, effective September 8, 1996; repealed, 41 SDR 37, effective September 4, 2014.

24:05:24.01:03. Autism spectrum disorder defined. Autism spectrum disorder is a developmental disability that significantly affects verbal and nonverbal communication and social interaction and results in adverse effects, generally evident before age three, on the child's educati…

Rule 24:05:24.01:04 Diagnostic criteria for autism spectrum disorder. 24:05:24.01:04. Diagnostic criteria for autism spectrum disorder. The criteria in the manual, section two, pages fifty to fifty-one, inclusive, shall be used for diagnosing autism spectrum disorder. An autism s…

Rule 24:05:24.01:04.01 Evaluation report and documentation for autism spectrum disorder. 24:05:24.01:04.01. Evaluation report and documentation for autism spectrum disorder. The evaluation report and documentation of eligibility for autism spectrum disorder must: (1) Be provided …

24:05:24.01:05. Evaluation team for autism spectrum disorder. When evaluating a student for autism spectrum disorder, a school district shall use a multidisciplinary team or group of persons who are trained and experienced in the diagnosis and educational evaluation of persons wi…

Rule 24:05:24.01:06 Repealed. 24:05:24.01:06. Instruments used in diagnosis of autism. Repealed. Source: 18 SDR 90, effective November 25, 1991; transferred from § 24:05:25:30, 23 SDR 31, effective September 8, 1996; repealed, 41 SDR 37, effective September 4, 2014.

Rule 24:05:24.01:07 Deaf-blindness defined. 24:05:24.01:07. Deaf-blindness defined. Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommo…

Rule 24:05:24.01:08 Deafness defined. 24:05:24.01:08. Deafness defined. Deafness is a hearing loss that is so severe that the student is impaired in processing linguistic information through hearing, even with amplification, and that adversely affects a student's educational perf…

24:05:24.01:09. Developmental delay defined. A student who is at least three years of age but less than nine years of age may be identified as a student with a disability if the student has one of the major disabilities listed in § 24:05:24.01:01, or if the student has a severe d…

Rule 24:05:24.01:10 Hearing loss defined. 24:05:24.01:10. Hearing loss defined. A student may be identified as having a hearing loss if an unaided hearing loss of 35 to 69 decibels is present that makes the acquisition of receptive and expressive language skills difficult with or…

Rule 24:05:24.01:11 Cognitive disability defined. 24:05:24.01:11. Cognitive disability defined. Cognitive disability is significantly below-average general intellectual functioning that exists concurrently with deficits in adaptive behavior skills, that is generally manifested be…

Rule 24:05:24.01:12 Multiple disabilities defined. 24:05:24.01:12. Multiple disabilities defined. Multiple disabilities means concomitant impairments (such as a cognitive disability-blindness or a cognitive disability-orthopedic impairment), the combination of which causes such s…

24:05:24.01:13. Orthopedic impairment defined. Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease, and impairments from ot…