South Dakota Administrative Code

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…

Rule 24:05:28:07 Children in public or private institutions. 24:05:28:07. Children in public or private institutions. Each school district through its IEP team and individual education program procedures, shall ensure that children placed in public or private institutions or othe…

Rule 24:05:28:08 Physical education services. 24:05:28:08. Physical education services. Physical education services, specially designed if necessary, shall be made available to every child in need of special education or special education and related services, unless the public a…

Rule 24:05:28:09 Repealed. 24:05:28:09. Reintegration. 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 24:05:28:10 Preschool programs. 24:05:28:10. Preschool programs. The requirements of this chapter apply to all eligible preschool children, ages three through five who are entitled to receive a free appropriate public education. In each case, the school district must ensure …

Rule 24:05:28:11 Technical assistance and training. 24:05:28:11. Technical assistance and training. The department shall ensure that teachers and administrators in all public agencies are fully informed about their responsibilities for implementing the provisions of this chapter …

Rule 24:05:28:12 Monitoring activities. 24:05:28:12. Monitoring activities. The department shall ensure that the provisions of this chapter are implemented by each district. If the department finds evidence that a district makes placements that are inconsistent with the requireme…

Rule 24:05:29:01 District policies and procedures on confidentiality of information. 24:05:29:01. District policies and procedures on confidentiality of information. Each school district shall develop and implement policies and procedures on the confidentiality of information con…

Rule 24:05:29:02 Definitions. 24:05:29:02. Definitions. Terms used in this chapter mean: (1) "Act," "FERPA," the Family Educational Rights and Privacy Act of 1974, as amended to July 1, 2013, enacted as section 444 of the General Education Provisions Act, as amended to July 1, 20…

Rule 24:05:29:03 Annual notification of rights. 24:05:29:03. Annual notification of rights. Each school district shall annually notify parents of students currently in attendance and eligible students currently in attendance at the agency or institution of their rights under the …

Rule 24:05:29:04 Access rights. 24:05:29:04. Access rights. Each school district shall permit parents to inspect and review any education records relating to their student which are collected, maintained, or used by the agency under this chapter. The agency shall comply with a re…

Rule 24:05:29:05 Record of access. 24:05:29:05. Record of access. Each school district shall keep a record of parties obtaining access to education records collected, maintained, or used under this chapter, except access by parents and authorized employees of the district, includ…

Rule 24:05:29:06 Records on more than one child. 24:05:29:06. Records on more than one child. If any education record includes information on more than one child, the parents of those children may inspect and review only the information relating to their child or may be informed …

Rule 24:05:29:07 List of types and locations of information. 24:05:29:07. List of types and locations of information. Each school district shall provide parents on request a list of the types and location of education records collected, maintained, or used by the district. Source…

Rule 24:05:29:08 Fees. 24:05:29:08. Fees. A school district may charge a fee for copies of records which are made for parents under this chapter if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. The district may n…

Rule 24:05:29:09 Amendment of records at parent's request. 24:05:29:09. Amendment of records at parent's request. A parent who believes that information in education records collected, maintained, or used under this article is inaccurate or misleading or violates the privacy or o…

Rule 24:05:29:10 Opportunity for a hearing. 24:05:29:10. Opportunity for a hearing. The district shall, on request, provide an opportunity for a hearing to challenge information in education records to ensure that it is not inaccurate, misleading, or otherwise in violation of the…

Rule 24:05:29:11 Hearing procedures. 24:05:29:11. Hearing procedures. At a minimum, a district's hearing procedures must include the following elements: (1) The hearing must be held within 30 days after the district received the request, and the parent of the student or eligible …

Rule 24:05:29:12 Result of hearing. 24:05:29:12. Result of hearing. If, as a result of the hearing, the district decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall amend the information accordi…

Rule 24:05:29:13 Consent. 24:05:29:13. Consent. Parental consent must be obtained before personally identifiable information is disclosed to parties other than officials of participating agencies collecting or using the information under this article or used for any purpose other…

Rule 24:05:29:14 Safeguards. 24:05:29:14. Safeguards. Each school district shall protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. One official in the district shall assume responsibility for ensuring th…

Rule 24:05:29:15 Destruction of information. 24:05:29:15. Destruction of information. The school district shall inform parents when personally identifiable information collected, maintained, or used under this chapter is no longer needed to provide educational services to the stu…

Rule 24:05:29:16 Children's rights. 24:05:29:16. Children's rights. All of the parental rights in this chapter are extended to the child upon reaching the age of 18 unless the child has been declared incompetent by the courts, consistent with § 24:05:30:16.01, including taking in…

Rule 24:05:29:17 Enforcement. 24:05:29:17. Enforcement. The department shall ensure that all school districts in this state comply with the requirements on confidentiality of information through on-site monitoring, approval of comprehensive plans, and complaint resolution. Sancti…

Rule 24:05:29:18 Notice to parents. 24:05:29:18. Notice to parents. The department shall give notice that fully informs parents about the requirements under this chapter, including the following: (1) A description of the extent to which the notice is given in the native languages…

Rule 24:05:29:19 Disciplinary information. 24:05:29:19. Disciplinary information. A local educational agency shall include in the records of a child with a disability a statement of any current or previous disciplinary action that has been taken against the child and transmit the…

Rule 24:05:29:20 U.S. department use of personally identifiable information. 24:05:29:20. U.S. department use of personally identifiable information. If the U.S. Department of Education or its authorized representatives collect any personally identifiable information regarding ch…

Rule 24:05:30:01 General responsibility of school district. 24:05:30:01. General responsibility of school district. Each school district shall establish, maintain, and implement procedural safeguards which meet the requirements of this chapter. Source: 16 SDR 41, effective Septem…

Rule 24:05:30:02 Opportunity to examine records. 24:05:30:02. Opportunity to examine records. The parents of a child in need of special education or special education and related services shall be afforded, in accordance with the procedures in chapter 24:05:29, an opportunity to …

Rule 24:05:30:02.01 Parent participation in meetings. 24:05:30:02.01. Parent participation in meetings. The parents of a child with a disability must be afforded an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of…

Rule 24:05:30:02.02 Meetings defined. 24:05:30:02.02. Meetings defined. For the purposes of § 24:05:30:02.01, a meeting does not include informal or unscheduled conversations involving school district personnel and conversations on issues such as teaching methodology, lesson plan…

Rule 24:05:30:03 Independent educational evaluation. 24:05:30:03. Independent educational evaluation. A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the district subject to the conditions in…