South Dakota Administrative Code

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Rule 24:05:28:09 Repealed. 24:05:28:09.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 Repealed.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16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.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…

Rule 24:05:30:04 Prior notice. 24:05:30:04. Prior notice. Written notice which meets the requirements of § 24:05:30:05 must be given to the parents five days before the district proposes or refuses to initiate or change the identification, evaluation, or educational placement of …

Rule 24:05:30:05 Content of notice. 24:05:30:05. Content of notice. The notice must include the following: (1) A description of the action proposed or refused by the district, an explanation of why the district proposes or refuses to take the action, and a description of any othe…

Rule 24:05:30:06 Form of notice. 24:05:30:06. Form of notice. The notice must be written in language understandable to the general public and provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do s…

Rule 24:05:30:06.01 Procedural safeguards notice -- Availability. 24:05:30:06.01. Procedural safeguards notice -- Availability. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, exce…

Rule 24:05:30:06.02 Procedural safeguards notice -- Contents. 24:05:30:06.02. Procedural safeguards notice -- Contents. The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under this article and the state complaint proced…

Rule 24:05:30:06.03 Electronic mail. 24:05:30:06.03. Electronic mail. A parent of a child with a disability may elect to receive notices required by this chapter by an electronic mail communication, if the district makes that option available. Source: 33 SDR 236, effective July 5…

Rule 24:05:30:07 Repealed. 24:05:30:07. Impartial due process hearing. 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 24:05:30:07.01 Filing a …

Rule 24:05:30:07.01 Filing a due process complaint. 24:05:30:07.01. Filing a due process complaint. A parent or a school district may file a due process complaint on any matters relating to the identification, evaluation or educational placement of a child with a disability, or t…

Rule 24:05:30:07.02 Timeline for filing a due process complaint. 24:05:30:07.02. Timeline for filing a due process complaint. A due process complaint shall allege a violation that occurred not more than two years before the date the parent or school district knew or should have k…

Rule 24:05:30:08 Free or low-cost services to parent. 24:05:30:08. Free or low-cost services to parent. The school district shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent or school district files a due process…

Rule 24:05:30:08.01 Due process complaint notice. 24:05:30:08.01. Due process complaint notice. A school district must have procedures that require either party or the attorney representing a party, to provide to the other party a due process complaint, which must remain confiden…

Rule 24:05:30:08.02 Content of due process complaint notice. 24:05:30:08.02. Content of due process complaint notice. The notice required in § 24:05:30:08.01 must include: (1) The name of the child; (2) The address of the residence of the child; (3) The name of the school the chi…

24:05:30:08.03. Sufficiency of due process complaint. The due process complaint filed pursuant to this chapter is deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within fifteen days of receipt of …

24:05:30:08.04. Decision of sufficiency of due process complaint. Within five days of receipt of the notification under § 24:05:30:08.03, the hearing officer must determine, on the face of the due process complaint, whether the due process complaint meets the requirements of § 24…

Rule 24:05:30:08.05 Amendment to due process complaint. 24:05:30:08.05. Amendment to due process complaint. A party may amend its due process complaint only if: (1) The other party consents in writing to the amendment and is given the opportunity to resolve the due process compla…

Rule 24:05:30:08.06 District response to due process complaint. 24:05:30:08.06. District response to due process complaint. If the district has not sent a prior written notice under this chapter to the parent regarding the subject matter contained in the parent's due process comp…

Rule 24:05:30:08.07 Other party response to due process complaint. 24:05:30:08.07. Other party response to due process complaint. Except as provided in § 24:05:30:08.06, the party receiving a due process complaint shall, within ten days of receiving the due process complaint, sen…

Rule 24:05:30:08.08 Model forms. 24:05:30:08.08. Model forms. The department shall develop model forms to assist parents and school districts in filing a due process complaint in accordance with this chapter and a state complaint under chapter 24:05:15. However, the department or…

Rule 24:05:30:08.09 Resolution meeting -- Participants. 24:05:30:08.09. Resolution meeting -- Participants. Within 15 days of receiving notice of the parent's due process complaint, and before the initiation of a due process hearing under this chapter, the district shall convene …