South Dakota Administrative Code

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…

Rule 24:05:27:16.02 Services applicable to surgically implanted device. 24:05:27:16.02. Services applicable to surgically implanted device. Nothing in this section: (1) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related serv…

Rule 24:05:27:17 Employment of Braille teacher. 24:05:27:17. Employment of Braille teacher. If an IEP team determines that a student's instruction in reading and writing must be accomplished through the use of Braille, the district shall utilize the services of a certified Braill…

Rule 24:05:27:18 Assistive technology device. CHAPTER 24:05:27 24:05:27:18. Assistive technology device. An assistive technology device is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increa…

Rule 24:05:27:19 Assistive technology service. 24:05:27:19. Assistive technology service. An assistive technology service is any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes the …

Rule 24:05:27:19.01 Universal design. CHAPTER 24:05:27 24:05:27:19.01. Universal design. Universal design is a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which inclu…

Rule 24:05:27:20 Availability of assistive technology. 24:05:27:20. Availability of assistive technology. Each school district shall ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if they are req…

Rule 24:05:27:21 Transition to preschool program. 24:05:27:21. Transition to preschool program. Each local school district shall develop policies and procedures for the transition of children participating in the early intervention program under Part C of the Individuals with Dis…

Rule 24:05:27:22 Occupational therapy defined. 24:05:27:22. Occupational therapy defined. Occupational therapy, as a related service, includes: (1) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation; (2) Improving ability to per…

Rule 24:05:27:23 Criteria for occupational therapy. 24:05:27:23. Criteria for occupational therapy. A student may be identified as in need of occupational therapy as a related service if: (1) The student has a disability and requires special education; (2) The student needs occup…

Rule 24:05:27:24 Physical therapy defined. 24:05:27:24. Physical therapy defined. Physical therapy, as a related service, includes gross motor development; mobility; use of adaptive equipment; and consultation and training in handling, positioning, and transferring students with …

Rule 24:05:27:25 Criteria for physical therapy. 24:05:27:25. Criteria for physical therapy. A student may be identified as in need of physical therapy as a related service if: (1) The student has a disability and requires special education; (2) The student needs physical therapy …

Rule 24:05:27:26 Incarcerated students in adult prisons. 24:05:27:26. Incarcerated students in adult prisons. The following requirements do not apply to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons: (1) Participation of …

Rule 24:05:27:27 Modifications to IEPs for students in adult prisons. 24:05:27:27. Modifications to IEPs for students in adult prisons. The IEP team may modify the student's individualized education program or placement if the state has demonstrated a bona fide security or compel…

Rule 24:05:28:01 Least restrictive program to be provided. 24:05:28:01. Least restrictive program to be provided. Children in need of special education or special education and related services, to the maximum extent appropriate, shall be educated with children who are not disabl…

Rule 24:05:28:02 Continuum of alternative placements. 24:05:28:02. Continuum of alternative placements. Alternative placements which must be made available include the following: (1) Regular educational programs with modification; (2) Resource rooms; (3) Self-contained programs; …

Rule 24:05:28:03 Factors in determining placements. 24:05:28:03. Factors in determining placements. Each school district shall establish and implement procedures which ensure that the following factors are addressed in determining placements: (1) Each child's educational placemen…

Rule 24:05:28:04 Program options. 24:05:28:04. Program options. Each school district shall take steps to ensure that its children in need of special education or special education and related services have available to them the variety of educational programs and services availab…

Rule 24:05:28:05 Nonacademic and extracurricular services. 24:05:28:05. Nonacademic and extracurricular services. Each school district shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team, to pro…

Rule 24:05:28:06 Nonacademic settings. 24:05:28:06. Nonacademic settings. In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities listed in this chapter, each school d…