South Dakota Administrative Code

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…

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…