South Dakota Administrative Code

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Rule 24:05:26.01:09 Repealed. 24:05:26.01:09.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 Repealed. Source: 23 SDR 179, effective April 29, 1997; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:26.01:10 Repealed. 24:05:26.01:10.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 Repealed. Source: 23 SDR 179, effective April 29, 1997; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:26.01:11 Repealed. 24:05:26.01:11.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 Repealed. Source: 23 SDR 179, effective April 29, 1997; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:26.01:12 Repealed. 24:05:26.01:12.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 Repealed. Source: 23 SDR 179, effective April 29, 1997; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.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

Rule 24:05:27:01.05 IEP team attendance. 24:05:27:01.05. IEP team attendance. A member of the IEP team described in subdivisions 24:05:27:01.01(2) to (5), inclusive, is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability a…

Rule 24:05:27:01.06 Initial IEP team meeting for infants and toddlers. 24:05:27:01.06. Initial IEP team meeting for infants and toddlers. If a student was previously served under part C, an invitation to the initial IEP team meeting shall, at the request of the parent, be sent to…

Rule 24:05:27:02 IEP team meeting date. 24:05:27:02. IEP team meeting date. Initial IEP team meetings must be held consistent with § 24:05:25:03. IEP team meetings following reevaluations must be held consistent with § 24:05:25:06. As soon as possible following development of the…

Rule 24:05:27:03 IEP team to determine related services. 24:05:27:03. IEP team to determine related services. In developing a child's individual educational program, the members of the IEP team shall determine whether any developmental, corrective, or other supportive services, i…

Rule 24:05:27:04 Determination of related services. 24:05:27:04. Determination of related services. In deciding whether a particular developmental, corrective, or other supportive service is a related service, the members of the IEP team shall review the results of the individual…

Rule 24:05:27:04.01 Parental consent for services. 24:05:27:04.01. Parental consent for services. A school district that is responsible for making a free appropriate public education available to a student with a disability under this article shall obtain informed consent from th…

Rule 24:05:27:04.02 Parental refusal to consent -- School district obligations. 24:05:27:04.02. Parental refusal to consent -- School district obligations. If the parent of a student refuses to consent to the initial provision of special education and related services, or the par…

Rule 24:05:27:04.03 Parental withdrawal of consent for services. 24:05:27:04.03. Parental withdrawal of consent for services. If, at any time subsequent to the initial provision of special education and related services, the parent of a student revokes consent in writing for the …

Rule 24:05:27:05 Hearing aid. 24:05:27:05. Hearing aid. For children with hearing impairments, including deafness, in need of special education who wear hearing aids in school, the IEP team shall include, as a related service, a monitoring schedule in the individual educational p…

Rule 24:05:27:05.01 External components of surgically implanted medical devices. 24:05:27:05.01. External components of surgically implanted medical devices. Each school district shall ensure that the external components of surgically implanted medical devices are functioning pro…

Rule 24:05:27:06 Medical services. 24:05:27:06. Medical services. Medical services, as a related service, may only be authorized by an IEP team for diagnostic or evaluation purposes. Medical services means services provided by a licensed physician to determine a child's medically…

Rule 24:05:27:07 Transportation. 24:05:27:07. Transportation. If transportation is required for the child to benefit from the special education program, transportation shall be written in the individual educational program and provided at no cost to the parent. A district may not…

Rule 24:05:27:08 Yearly review and revision of individual educational programs. 24:05:27:08. Yearly review and revision of individual educational programs. Each school district shall initiate and conduct IEP team meetings to periodically review each child's individual educational…

Rule 24:05:27:08.01 Agreement to change IEP. 24:05:27:08.01. Agreement to change IEP. In making changes to a student's IEP after the annual IEP meeting for a school year, the parent of a student with a disability and the school district may agree not to convene an IEP meeting for…

Rule 24:05:27:08.02 Amendments to IEP. 24:05:27:08.02. Amendments to IEP. Changes to the IEP may be made either by the entire IEP team at an IEP team meeting or, as provided in § 24:05:27:08.01, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent …

Rule 24:05:27:08.03 Consolidation of IEP team meetings. CHAPTER 24:05:27 24:05:27:08.03. Consolidation of IEP team meetings. To the extent possible, the school district shall encourage the consolidation of reevaluation meetings for the student and other IEP team meetings for the …

Rule 24:05:27:08.04 Alternative means of meeting participation. 24:05:27:08.04. Alternative means of meeting participation. When conducting IEP team meetings pursuant to this chapter and chapter 24:05:30, and carrying out administrative matters under chapter 24:05:30 (such as sch…

Rule 24:05:27:09 Repealed. CHAPTER 24:05:27 24:05:27:09. Revision of individual educational program upon change. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 32 SDR 41, effective Se…

Rule 24:05:27:10 Individual educational programs for students placed in private schools. 24:05:27:10. Individual educational programs for students placed in private schools. Before a resident school district places or refers a child in need of special education or special educati…

Rule 24:05:27:11 Repealed. 24:05:27:11. Individual educational programs for students voluntarily enrolled in nonpublic schools.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 24:05:27:12 Graduation requirements. 24:05:27:12. Graduation requirements. Completion of an approved secondary special education program with a regular high school diploma signifies that the student no longer requires special education services. A regular high school diploma…

Rule 24:05:27:13 Repealed. 24:05:27:13. Modifications to regular vocational program. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007. Rule 24:05:27:1…

Rule 24:05:27:13.01 Agency responsibilities for transition services. 24:05:27:13.01. Agency responsibilities for transition services. If a participating agency, other than the school district, fails to provide transition services contained in the IEP of a student with a disabilit…

Rule 24:05:27:13.02 Transition services. 24:05:27:13.02. Transition services. Transition services are a coordinated set of activities for a student with a disability, designed to be within a results-oriented process, that is focused on improving the academic and functional achiev…

Rule 24:05:27:14 Repealed. 24:05:27:14. Individual educational program accountability. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:27:15 Repealed. CHAPTER 24:05:27 24:05:27:15. Eligible student moving into another district. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 32 SDR 41, effective September 1…

Rule 24:05:27:15.01 IEPs for student transfers within state. CHAPTER 24:05:27 24:05:27:15.01. IEPs for student transfers within state. If a student with a disability, who had an IEP that was in effect in a previous school district in the state, transfers to a new school district …

Rule 24:05:27:15.02 IEPs for student transfers from another state. 24:05:27:15.02. IEPs for student transfers from another state. If a student with a disability, who had an IEP that was in effect in a previous school district in another state, transfers to a school district in So…

Rule 24:05:27:15.03 Transmittal of records for student transfers. 24:05:27:15.03. Transmittal of records for student transfers. To facilitate the transition for a transfer student described in §§ 24:05:27:15.01 and 24:05:27:15.02: (1) The new school in which the student enrolls s…

Rule 24:05:27:16 Related services provided at no cost. 24:05:27:16. Related services provided at no cost. Consistent with §§ 24:05:27:03 and 24:05:27:04, the district shall provide related services at no cost to the parent. Related services include transportation; speech-language…

Rule 24:05:27:16.01 Rehabilitation counseling services. 24:05:27:16.01. Rehabilitation counseling services. Rehabilitation counseling services are services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment pr…