South Dakota Administrative Code

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…

Rule 24:05:24.01:14 Other health impaired defined. 24:05:24.01:14. Other health impaired defined. Other health impaired means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect …

Rule 24:05:24.01:15 Prolonged assistance defined. 24:05:24.01:15. Prolonged assistance defined. Children from birth through two may be identified as being in need of prolonged assistance if, through a multidisciplinary evaluation, they score two standard deviations or more below …

24:05:24.01:16. Emotional disability defined. For the purpose of this chapter, the term, emotional disability, means a condition that exhibits one or more of the following characteristics to a marked degree over a long period of time: (1) An inability to learn that cannot be expl…

24:05:24.01:17. Criteria for emotional disability. A student may be identified as having an emotional disability if the following requirements are met: (1) The student demonstrates serious behavior problems over a long period of time, generally at least six months, with documenta…

24:05:24.01:18. Specific learning disability defined. Specific learning disability is a disorder in one or more of the basic psychological processes involved in understanding or in using spoken or written language that may manifest itself in the imperfect ability to listen, think…

24:05:24.01:19. Criteria for specific learning disability. A group of qualified professionals and the parent of the child may determine that a child has a specific learning disability if: (1) The child does not achieve adequately for the child's age or does not meet state-approve…

Rule 24:05:24.01:20 Speech or language disorder defined. 24:05:24.01:20. Speech or language disorder defined. Speech or language impairment is a communication disorder such as stuttering, impaired articulation, a language disorder, or a voice disorder that adversely affects a chi…

Rule 24:05:24.01:21 Articulation disorder defined. 24:05:24.01:21. Articulation disorder defined. Articulation disorders include all non-maturational speech deviations based primarily on incorrect production of speech sounds. Articulation disorders include omissions, substitution…

Rule 24:05:24.01:22 Criteria for articulation disorder. 24:05:24.01:22. Criteria for articulation disorder. A student may be identified as having an articulation disorder if one of the following criteria exist: (1) Performance on a standardized articulation test falls two standar…

Rule 24:05:24.01:23 Fluency disorder defined. 24:05:24.01:23. Fluency disorder defined. A fluency disorder is an interruption in the flow of speaking characterized by atypical rate, rhythm, and repetitions in sounds, syllables, words, and phrases. This may be accompanied by exces…

Rule 24:05:24.01:24 Criteria for fluency disorder. 24:05:24.01:24. Criteria for fluency disorder. A student may be identified as having a fluency disorder if: (1) The student consistently exhibits one or more of the following symptomatic behaviors of dysfluency: (a) Sound, syllab…

24:05:24.01:25. Voice disorder defined. For the purposes of this chapter, the term, voice disorder means that an individual's voice quality, pitch, or loudness differs or is inappropriate for the individual's age, gender, cultural background, or geographic location. Source: 23 SD…

Rule 24:05:24.01:26 Criteria for voice disorder. 24:05:24.01:26. Criteria for voice disorder. A student may be identified as having a voice disorder if: (1) Consistent deviations exist in one or more of the parameters of voice: pitch, quality, or volume; (2) The voice is discrepa…

24:05:24.01:27. Language disorder defined. A language disorder is a reduced ability, whether developmental or acquired, to comprehend or express ideas through spoken, written, or gestural language. The language disorder may be characterized by limited vocabulary, an inability to …

Rule 24:05:24.01:28 Criteria for language disorder. 24:05:24.01:28. Criteria for language disorder. A student may be identified as having a language disorder as a primary disability if: (1) Through age eight, performance falls 1.5 standard deviations below the mean on standardize…

Rule 24:05:24.01:29 Traumatic brain injury defined. 24:05:24.01:29. Traumatic brain injury defined. A traumatic brain injury is an acquired injury to the brain caused by an external physical force, resulting in a total or partial functional disability or psychosocial impairment, …

Rule 24:05:24.01:30 Vision loss including blindness defined. 24:05:24.01:30. Vision loss including blindness defined. Vision loss including blindness is an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes bo…

24:05:24.01:31. Individualized education program team override. If the individualized education program (IEP) team determines that a student is eligible for special education or special education and related services because the student has a disability and needs special educatio…

Rule 24:05:25:01 Evaluation, consent, eligibility, and placement procedures required. 24:05:25:01. Evaluation, consent, eligibility, and placement procedures required. Each school district shall establish and implement procedures which meet the requirements of this chapter, inclu…