South Dakota Administrative Code

Rule 24:05:26:02.02 Removals -- Ten school days or less. 24:05:26:02.02. Removals -- Ten school days or less. To the extent removal would be applied to students without disabilities, including alternative settings, school personnel may order the removal of a student with a disabi…

Rule 24:05:26:02.03 Required services -- No change of placement. 24:05:26:02.03. Required services -- No change of placement. A school district need not provide services during periods of removal under § 24:05:26:02.02 to a student with a disability who has been removed from his …

Rule 24:05:26:03 Written report required. 24:05:26:03. Written report required. If a long-term suspension is anticipated because of a pupil's violation of a policy, the procedure in § 24:07:03:01 applies. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective Septem…

Rule 24:05:26:04 Right to request hearing -- Notice of hearing. 24:05:26:04. Right to request hearing -- Notice of hearing. If the superintendent finds grounds for a long-term suspension from a class or classes, the procedure in § 24:07:03:02 applies. Source: 16 SDR 41, effective…

Rule 24:05:26:05 Right of waiver. 24:05:26:05. Right of waiver. The pupil, if of the age of majority or emancipated, or the pupil's parent may waive the right to a hearing in writing to the superintendent. If the hearing is not waived, the hearing shall be held on the date, time,…

Rule 24:05:26:06 Hearing procedure. 24:05:26:06. Hearing procedure. The school board is the hearing board and shall conduct the hearing in the following manner: (1) The school board shall appoint a school board member or a person who is not an employee of the school district as t…

Rule 24:05:26:07 Right of appeal. 24:05:26:07. Right of appeal. The pupil may appeal an adverse decision by the school board to the circuit court. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 23 SDR 63, effective November 4, 1996. Genera…

Rule 24:05:26:08 Attendance policies. 24:05:26:08. Attendance policies. The attendance policy of a school district may not exclude a pupil from a class or from a school for more than ten days without providing due process pursuant to this chapter. Source: 16 SDR 41, effective Sep…

Rule 24:05:26:08.01 Authority of school personnel -- Weapons, drugs, and serious bodily injury. 24:05:26:08.01. Authority of school personnel -- Weapons, drugs, and serious bodily injury. School personnel may remove a student to an appropriate interim alternative setting for not …

Rule 24:05:26:08.02 Authority of hearing officer. 24:05:26:08.02. Authority of hearing officer. A hearing officer under this article hears and makes a determination regarding an appeal under this chapter. In making the determination under this section, the hearing officer may: (1…

Rule 24:05:26:08.03 Parental notification. 24:05:26:08.03. Parental notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the school dist…

Rule 24:05:26:09 Referral to IEP team for long-term suspension of pupils. 24:05:26:09. Referral to IEP team for long-term suspension of pupils. If a pupil identified as in need of special education or special education and related services pursuant to SDCL 13-37-1 is the subject …

Rule 24:05:26:09.01 Repealed. 24:05:26:09.01. Functional behavioral assessment and intervention plan. Repealed. Source: 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:26:09.02 Determination of interim alternative educational setting. 24:05:26:09.02. Determination of interim alternative educational setting. The student's IEP team shall determine the interim alternative educational setting in which a student is placed under §§ 24:05:2…

Rule 24:05:26:09.03 Manifestation determination review requirement. 24:05:26:09.03. Manifestation determination review requirement. Within ten school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, t…

Rule 24:05:26:09.04 Determination that behavior was a manifestation. 24:05:26:09.04. Determination that behavior was a manifestation. If the school district, the parent, and relevant members of the IEP team determine that the conduct was a manifestation of the student's disabilit…

Rule 24:05:26:09.05 Determination that behavior was not manifestation of disability -- Additional authority of school personnel. 24:05:26:09.05. Determination that behavior was not manifestation of disability -- Additional authority of school personnel. For disciplinary changes i…

Rule 24:05:26:09.06 Appeal. 24:05:26:09.06. Appeal. The parent of a student with a disability who disagrees with any decision regarding placement under this chapter or with the manifestation determination, or a school district that believes that maintaining the current placement …

Rule 24:05:26:09.07 Placement during appeals. 24:05:26:09.07. Placement during appeals. If an appeal under this chapter has been made by either the parent or the school district, the student must remain in the interim alternative educational setting pending the decision of the he…

Rule 24:05:26:09.08 Expedited hearing -- Procedures. 24:05:26:09.08. Expedited hearing -- Procedures. If a hearing is requested under this chapter, the parents or the school district involved in the dispute must have an opportunity for an impartial due process hearing consistent …

Rule 24:05:26:10 Repealed. 24:05:26:10. Application of ten-day rule. Repealed. Source: 16 SDR 41, effective September 7, 1989; 22 SDR 97, effective January 22, 1996; 23 SDR 31, effective September 8, 1996; 23 SDR 63, effective November 4, 1996; repealed, 33 SDR 236, effective Jul…

Rule 24:05:26:11 Repealed. 24:05:26:11. Parental approval required for suspension in excess of ten school days. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 23 SDR 63, effective November 4, 1996; repealed, 26 SDR 150, effective…

Rule 24:05:26:12 Repealed. 24:05:26:12. Court approval of suspension in lieu of parental permission. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 23 SDR 63, effective November 4, 1996; repealed, 33 SDR 236, effective July 5, 20…

Rule 24:05:26:13 Repealed. 24:05:26:13. Burden of proof in court action. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 23 SDR 63, effective November 4, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective Ju…

Rule 24:05:26:14 Protections for students not yet eligible. 24:05:26:14. Protections for students not yet eligible. A student who has not been determined to be eligible for special education and related services under this article and who has engaged in behavior that violated any…

Rule 24:05:26:15 Referral to and action by law enforcement and judicial authorities. 24:05:26:15. Referral to and action by law enforcement and judicial authorities. Nothing in Part B of the Individuals with Disabilities Education Act prohibits a school district or other public a…

Rule 24:05:26.01:01 Expulsion from school. 24:05:26.01:01. Expulsion from school. The expulsion of students in need of special education or special education and related services includes the general due process procedures used for all students and the additional steps in the pro…

Rule 24:05:26.01:01.01 Case-by-case determination. 24:05:26.01:01.01. 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,…

Rule 24:05:26.01:02 Written report required. 24:05:26.01:02. Written report required. If an expulsion is anticipated because of a student's violation of rules or policies or for insubordination or misconduct, the procedure in § 24:07:04:01 applies. Source: 23 SDR 179, effective A…

Rule 24:05:26.01:03 Request and notice of hearing. 24:05:26.01:03. Request and notice of hearing. If the superintendent finds grounds for expulsion from school, the procedure in § 24:07:04:02 applies. Source: 23 SDR 179, effective April 29, 1997. General Authority: SDCL 13-32-4, …

Rule 24:05:26.01:04 Right of waiver. 24:05:26.01:04. Right of waiver. A competent student, if of the age of majority or emancipated, or the student's parent may waive the right to a hearing in writing to the superintendent. If the hearing is not waived, the hearing shall be held …

Rule 24:05:26.01:05 Hearing procedure. 24:05:26.01:05. Hearing procedure. The school board is the hearing board and shall conduct the hearing in the following manner: (1) The school board shall appoint a school board member or a person who is not an employee of the school distric…

Rule 24:05:26.01:06 Right of appeal. 24:05:26.01:06. Right of appeal. The student may appeal an adverse decision by the school board to the circuit court. Source: 23 SDR 179, effective April 29, 1997. General Authority: SDCL 13-32-4, 13-37-1.1. Law Implemented: SDCL 13-32-4, 13-3…

Rule 24:05:26.01:07 Attendance policies. 24:05:26.01:07. Attendance policies. The attendance policy of a school district may not exclude a student from one or more classes or from a school for more than ten consecutive school days without providing the due process procedures in t…

Rule 24:05:26.01:07.01 Authority of school personnel -- Weapons, drug, and serious bodily injury. 24:05:26.01:07.01. Authority of school personnel -- Weapons, drugs, and serious bodily injury. School district personnel shall follow the procedures under § 24:05:26:08.01 if an expu…

Rule 24:05:26.01:07.02 Authority of hearing officer. 24:05:26.01:07.02. Authority of hearing officer. The authority of a hearing officer, in an expedited due process hearing, described under § 24:05:26:08.02, applies if an expulsion is anticipated because a student's behavior is …

Rule 24:05:26.01:07.03 Parental notification. 24:05:26.01:07.03. Parental notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the schoo…

Rule 24:05:26.01:08 Referral to IEP team for expulsion of students. 24:05:26.01:08. Referral to IEP team for expulsion of students. If a student identified in need of special education or special education and related services pursuant to SDCL 13-37-1 is the subject of proposed e…

Rule 24:05:26.01:08.01 Applicability of suspension procedures. 24:05:26.01:08.01. Applicability of suspension procedures. The suspension procedures described in §§ 24:05:26:09.02 to 24:05:26:09.08, inclusive, apply if an expulsion is anticipated. Source: 26 SDR 150, effective May…

Rule 24:05:26.01:09 Repealed. 24:05:26.01:09. Application of ten-day rule. Repealed. Source: 23 SDR 179, effective April 29, 1997; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:26.01:10 Repealed. 24:05:26.01:10. Parental approval required for expulsion in excess of ten consecutive school days. Repealed. Source: 23 SDR 179, effective April 29, 1997; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:26.01:11 Repealed. 24:05:26.01:11. Court approval of expulsion in lieu of parental permission. Repealed. Source: 23 SDR 179, effective April 29, 1997; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:26.01:12 Repealed. 24:05:26.01:12. Burden of proof in court action. Repealed. Source: 23 SDR 179, effective April 29, 1997; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:26.01:13 Protections for students not yet eligible. 24:05:26.01:13. Protections for students not yet eligible. The procedures under § 24:05:26:14 apply for students who have not been determined eligible for special education or special education and related services if…

Rule 24:05:26.01:14 Referral to and action by law enforcement and judicial authorities. 24:05:26.01:14. Referral to and action by law enforcement and judicial authorities. Reporting a crime committed by a student with a disability and the transmission of student records shall be …

Rule 24:05:27:01 Repealed. 24:05:27:01. Requirements for individual educational program.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, 2000. Rule 24:…

Rule 24:05:27:01.01 IEP team. CHAPTER 24:05:27 24:05:27:01.01. IEP team. Each school district shall ensure that the IEP team for each student with disabilities include the following members: (1) The parents of the student; (2) Not less than one regular education teacher of the st…

Rule 24:05:27:01.02 Development, review, and revision of individualized education program. 24:05:27:01.02. Development, review, and revision of individualized education program. In developing, reviewing, and revising each student's individualized education program, the team shall…

Rule 24:05:27:01.03 Content of individualized education program. 24:05:27:01.03. Content of individualized education program. Each student's individualized education program shall include: (1) A statement of the student's present levels of academic achievement and functional perf…

Rule 24:05:27:01.04 Access to IEP. 24:05:27:01.04. Access to IEP. Each school district shall ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and other service provider who is responsible for its im…