South Dakota Administrative Code

Rule 24:05:25:02 Nondiscriminatory practices. 24:05:25:02. Nondiscriminatory practices. Assessments and other evaluation materials used for the purpose of evaluation and placement of children with disabilities must be selected and administered so as not to be racially or cultural…

Rule 24:05:25:02.01 Parental consent for initial evaluation. 24:05:25:02.01. Parental consent for initial evaluation. Any school district proposing to conduct an initial evaluation to determine whether a child qualifies as a child with a disability shall, after providing notice c…

Rule 24:05:25:02.02 Consent for ward of the state. 24:05:25:02.02. Consent for ward of the state. For initial evaluations only, if the child is a ward of the state and is not residing with the child's parent, the school district is not required to obtain informed consent from the…

Rule 24:05:25:02.03 Use of procedural safeguards to obtain parental consent. 24:05:25:02.03. Use of procedural safeguards to obtain parental consent. If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial…

Rule 24:05:25:02.04 Other consent requirements. 24:05:25:02.04. Other consent requirements. Other consent requirements include the following: (1) Parental consent is not required before: (a) Reviewing existing data as part of an evaluation or a reevaluation; or (b) Administering …

Rule 24:05:25:03 Preplacement evaluation. 24:05:25:03. Preplacement evaluation. Before any action is taken concerning the initial placement of a child with disabilities in a special education program, a full and individual initial evaluation of the child's educational needs must …

Rule 24:05:25:03.01 Evaluation defined. 24:05:25:03.01 Evaluation defined. Evaluation means the procedures used in accordance with this chapter to determine whether a child is a child with a disability and to determine the nature and extent of the special education and related se…

Rule 24:05:25:03.02 Exception to initial evaluation timeline. 24:05:25:03.02. Exception to initial evaluation timeline. The timeline described in § 24:05:25:03 does not apply to a school district if: (1) The parent of a child repeatedly fails or refuses to produce the child for t…

Rule 24:05:25:03.03 Screening for instructional purposes. 24:05:25:03.03. Screening for instructional purposes. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not considered to be an evaluat…

Rule 24:05:25:03.04 Evaluation procedures -- Notice. 24:05:25:03.04. Evaluation procedures -- Notice. The school district shall provide notice to the parents of a child with a disability, in accordance with this article, that describes any evaluation procedures the district propo…

Rule 24:05:25:04 Evaluation procedures -- General. 24:05:25:04. Evaluation procedures -- General. School districts shall ensure, at a minimum, that evaluation procedures include the following: (1) Assessments and other evaluation materials are provided and administered in the chi…

Rule 24:05:25:04.01 Braille assessment factors. 24:05:25:04.01. Braille assessment factors. The following age-appropriate factors must be considered when conducting a reading and writing assessment of the student to determine whether or not Braille instruction must begin or conti…

Rule 24:05:25:04.02 Determination of needed evaluation data. 24:05:25:04.02. Determination of needed evaluation data. As part of an initial evaluation, if appropriate, and as part of any reevaluation, the individual education program team required by § 24:05:27:01.01 and other qu…

Rule 24:05:25:04.03 Determination of eligibility. 24:05:25:04.03. Determination of eligibility. Upon completing the administration of assessments and other evaluation measures as required by this chapter, the individual education program team and other qualified individuals requi…

Rule 24:05:25:05 Eligibility and placement procedures. 24:05:25:05. Eligibility and placement procedures. In interpreting evaluation data for the purpose of determining eligibility and determining the educational needs of the child, in making placement decisions, including decisi…

Rule 24:05:25:06 Reevaluations. 24:05:25:06. Reevaluations. A school district shall ensure that a reevaluation of each child with a disability is conducted in accordance with this chapter if the school district determines that the educational or related service needs, including i…

Rule 24:05:25:06.01 Consent for reevaluation. 24:05:25:06.01. Consent for reevaluation. Before conducting a reevaluation of an eligible child, parental consent is required, unless: (1) The school district can demonstrate that it has taken reasonable measures to obtain consent, an…

Rule 24:05:25:07 Additional procedures for evaluating specific learning disabilities. 24:05:25:07. Additional procedures for evaluating specific learning disabilities. In order for a school district to certify a child as learning disabled for purposes of the federal child count, …

Rule 24:05:25:08 Additional group members for specific learning disabilities. 24:05:25:08. Additional group members for specific learning disabilities. The determination of whether a child suspected of having a specific learning disability is a child with a disability shall be ma…

Rule 24:05:25:09 Repealed. 24:05:25:09. Criteria for determining the existence of a specific learning disability.Repealed. Source: 16 SDR 41, effective September 7, 1989; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:25:10 Repealed. 24:05:25:10. Prohibitions concerning identification of specific learning disabilities. 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 24:05:25:11 Observation for specific learning disabilities. 24:05:25:11. Observation for specific learning disabilities. The school district shall ensure that the child is observed in the child's learning environment, including the regular classroom setting, to document the …

Rule 24:05:25:12 Documentation of eligibility for specific learning disabilities. 24:05:25:12. Documentation of eligibility for specific learning disabilities. For a child suspected of having a specific learning disability, the documentation of the determination of eligibility sh…

Rule 24:05:25:13 Group members to certify report in writing. 24:05:25:13. Group members to certify report in writing. Each group member shall certify in writing whether the report reflects the group member's conclusion. If it does not reflect the group member's conclusion, the gr…

Rule 24:05:25:13.01 Response to intervention model. 24:05:25:13.01. Response to intervention model. School districts that elect to use a response to intervention model as part of the evaluation process for specific learning disabilities shall submit to the state for approval a fo…

Rule 24:05:25:14 Repealed. 24:05:25:14. Selection of placement committee members -- Required members.Repealed. Source: 16 SDR 41, effective September 7, 1989; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2…

Rule 24:05:25:15 Repealed. 24:05:25:15. First-time evaluations.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 24:05:25:16 Parent participation. 24:05:25:16. Parent participation. Each district shall take steps to ensure that one or both parents of the child are present at each IEP team meeting or are afforded the opportunity to participate. The district shall notify parents of the m…

Rule 24:05:25:16.01 Participation of student in IEP team meeting. 24:05:25:16.01. Participation of student in IEP team meeting. If a purpose of the IEP team meeting is the consideration of postsecondary goals and transition services for a student, and if the meeting is for a chil…

Rule 24:05:25:16.02 Required student invitation. 24:05:25:16.02. Required student invitation. The district shall invite a student with a disability to attend the student's IEP team meeting if a purpose of the meeting is the consideration of the postsecondary goals for the student…

Rule 24:05:25:17 Conduct of IEP team without parents. 24:05:25:17. Conduct of IEP team without parents. An IEP team meeting may be conducted without a parent in attendance if the district is unable to convince the parents that they should attend. The district must have written do…

Rule 24:05:25:18 Action to ensure parent understands. 24:05:25:18. Action to ensure parent understands. The district shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP team meeting, including arranging for an interpreter for p…

Rule 24:05:25:19 Parents to receive copy of individual education program. 24:05:25:19. Parents to receive copy of individual education program. The district shall give the parents a copy of the individual education program, at no cost. Source: 16 SDR 41, effective September 7, 19…

Rule 24:05:25:20 IEP team to evaluate, interpret, and explain. 24:05:25:20. IEP team to evaluate, interpret, and explain. The IEP team is responsible for assuring that a child has been appropriately evaluated and that all evaluation data are interpreted and explained to parents. …

Rule 24:05:25:21 IEP team to determine placement. 24:05:25:21. IEP team to determine placement. The IEP team shall determine whether the child is in need of special education or special education and related services. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, eff…

Rule 24:05:25:22 IEP team to develop individual education program. 24:05:25:22. IEP team to develop individual education program. If the child is determined to be in need of special education or special education and related services, the IEP team shall develop an appropriate ind…

Rule 24:05:25:23 Decisions of IEP team. 24:05:25:23. Decisions of IEP team. All decisions of the IEP team shall be made jointly by the parents and school personnel through the IEP process and specified on the child's IEP. An IEP must be in effect before special education and rela…

Rule 24:05:25:24 Repealed. 24:05:25:24. Short-term evaluation programs. 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, effective Ju…

Rule 24:05:25:25 Repealed. 24:05:25:25. Duration of short-term evaluation. 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 24:05:25:26 Extended school year authorized. 24:05:25:26. Extended school year authorized. The district shall provide extended school year services to eligible children if the IEP team determines on an individual basis that such services are necessary for the provision of FA…

Rule 24:05:25:27 Transferred. 24:05:25:27. Transferred to § 24:05:24.01:02. Rule 24:05:25:27.01 Transferred. 24:05:25:27.01. Transferred to § 24:05:24.01:03.

Rule 24:05:25:27.01 Transferred. 24:05:25:27.01. Transferred to § 24:05:24.01:03.

Rule 24:05:25:28 Repealed. 24:05:25:28. Diagnostic criteria for autism.Repealed. Source: 18 SDR 90, effective November 25, 1991; repealed, 23 SDR 31, effective September 8, 1996.

Rule 24:05:25:29 Transferred. 24:05:25:29. Transferred to § 24:05:24.01:05.

Rule 24:05:25:30 Transferred. 24:05:25:30. Transferred to § 24:05:24.01:06.

Rule 24:05:26:01 Suspension from school. 24:05:26:01. Suspension from school. The suspension of pupils in need of special education or special education and related services includes the general due process procedures used for all pupils and the additional steps in the process sp…

Rule 24:05:26:01.01 Suspension from school -- Definitions. 24:05:26:01.01. Suspension from school -- Definitions. Terms used in this chapter and chapter 24:05:26.01 mean: (1) "Controlled substance," a drug or other substance identified under SDCL 34-20B-11 to 34-20B-26, inclusive…

Rule 24:05:26:01.02 Case-by-case determination. 24:05:26:01.02. Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this chapter, is ap…

Rule 24:05:26:02 Short-term suspension procedure. 24:05:26:02. Short-term suspension procedure. If a short-term suspension from a class, classes, or school is anticipated because of a pupil's violation of a policy, the procedure in § 24:07:02:01 applies. Source: 16 SDR 41, effect…

Rule 24:05:26:02.01 Change of placement for disciplinary removals. 24:05:26:02.01. Change of placement for disciplinary removals. For purposes of removal of a student with a disability from the student's current educational placement under this chapter, a change of placement occu…