South Dakota Administrative Code

Rule 24:05:33.01:09 Maximum tax levy required. 24:05:33.01:09. Maximum tax levy required. To be eligible for extraordinary cost funds, a school district must levy the maximum amount allowed pursuant to SDCL 13-37-16. Source: 23 SDR 63, effective January 1, 1997; 40 SDR 102, effec…

Rule 24:05:33.01:10 No funding of prior fiscal year special education expenditures. 24:05:33.01:10. No funding of prior fiscal year special education expenditures. Extraordinary cost funds shall be used solely to fund special education expenditures referenced in this chapter whic…

Rule 24:05:33.01:11 Funds set aside for supplemental aid applications. 24:05:33.01:11. Funds set aside for supplemental aid applications. Ten percent of the total appropriation for extraordinary cost funds shall be set aside to fund applications for extraordinary cost funds for s…

Rule 24:05:33.01:12 Priority to high cost student applications. 24:05:33.01:12. Priority to high cost student applications. Priority for extraordinary cost funds, except for those funds allocated pursuant to § 24:05:33.01:11, shall first be given to applications for extraordinary…

Rule 24:05:33.01:13 Reconsideration of extraordinary cost fund application. 24:05:33.01:13. Reconsideration of extraordinary cost fund applications. If a school district's extraordinary cost fund application is denied in whole or in part by the secretary, the school district may …

Rule 24:05:33.01:14 Further guidelines and exhaustion of extraordinary cost funds. 24:05:33.01:14. Further guidelines and exhaustion of extraordinary cost funds. Nothing in this article prohibits the secretary from establishing further guidelines for application, approval, distri…

Rule 24:05:34:01 Repealed. 24:05:34:01. Payments for children for whom the state is responsible.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.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 24:05:34:02 Determination of educational program costs for in-state placement of children for whom the state is responsible. 24:05:34:02. Determination of educational program costs for in-state placement of children for whom the state is responsible. The school district in w…

Rule 24:05:34:03 Repealed. 24:05:34:03. Determination of educational program costs for out-of-state placements.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.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 24:05:34:04 Repealed. 24:05:34:04. Monitoring of out-of-state placements.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 24:05:35:01 District of residence responsible for educational program in juvenile detention facility. 24:05:35:01. District of residence responsible for educational program in juvenile detention facility. A school district containing a juvenile detention facility is responsi…

Rule 24:05:35:02 Repealed. 24:05:35:02. Educational agreement between juvenile detention facility and school district of residence.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 24:05:35:03 Repealed. 24:05:35:03. Juvenile detention facility is allowable cost.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 24:05:36:01 Scope of chapter. 24:05:36:01. Scope of chapter. This chapter addresses coordinated early intervening services funded through State Aid for Special Education under SDCL chapter 13-37. Nothing in this chapter is intended to modify any provision on chapter 24:05:19…

Rule 24:05:36:02 Coordinated early intervening services -- Funds available and students served. 24:05:36:02. Coordinated early intervening services -- Funds available and students served. A school district may use up to fifteen percent of the local need, as defined in SDCL 13-37-…

Rule 24:05:36:03 Application -- Submission 24:05:36:03. Application -- Submission. Applications referenced in SDCL 13-37-56 will be accepted by the department at any time during the school year. The department will review the application and make a determination pursuant to § 24:…

Rule 24:05:36:04 Application -- Required components. 24:05:36:04. Application -- Required components. A school district's application for coordinated early intervening services funds must include the following components: (1) A description of the process used to identify the stud…

Rule 24:05:36:05 Application -- Approval criteria. 24:05:36:05. Application -- Approval criteria. When determining whether to approve a school district's application for early intervening services funding, the department shall consider whether the district has: (1) Met the mainte…

Rule 24:05:36:06 Annual reporting. 24:05:36:06. Annual reporting. Each school district must submit the report required by SDCL 13-37-57 by June 30th of each school year on forms provided by the department. Source: 40 SDR 40, effective September 11, 2013. General Authority: SDCL 1…

Rule 24:05:36:07 Eligibility for extraordinary costs -- Availability of funding. 24:05:36:07. Eligibility for extraordinary costs -- Availability of funding. School districts utilizing state aid for special education funding for the provision of coordinated early intervening serv…

Rule 24:06:07:01 Applicability. 24:06:07:01. Applicability. This chapter provides minimum requirements for the construction and equipping of school buses manufactured into South Dakota after November 1, 2011. Requirements for school buses effective November 1, 2011, or later do n…

24:06:07:02. School bus standards. Except as provided in this section, the chassis and body of a school bus and a specially equipped school bus must meet the specifications listed on pages 33 to 77, inclusive, of the National School Transportation Specifications & Procedures, May…

Rule 24:06:07:03 Repealed. 24:06:07:03. Floor insulation. Repealed. Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004; repealed, 33 SDR 152, effective April 5, 2007. 24:06:07:03.01. Floor insulation. A school bus must meet the insulation requiremen…

24:06:07:03.01. Floor insulation. A school bus must meet the insulation requirements listed on pages 60 to 61, inclusive, of the National School Transportation Specifications & Procedures, May 2025 Revised Edition. Source: 38 SDR 58, effective October 17, 2011; 44 SDR 43, effecti…

24:06:07:04. Heating and air conditioning systems. A school bus must contain a heating system installed in accordance with the section entitled "Heating and Air Conditioning Systems" on pages 53 to 57, inclusive, of the National School Transportation Specifications & Procedures, …

Rule 24:06:07:05 Sound and thermal insulation. 24:06:07:05. Sound and thermal insulation. Sound and thermal insulation for a school bus must meet the following requirements: (1) The side, roof, front, and rear body panels, including the corner and the roof bows, must be completel…

24:06:07:06. Windows, windshield, and glass. All window openings and glass in the windows and doors of a school bus must comply with section (A) of the section entitled "Windows" on page 78 of the National School Transportation Specifications & Procedures, May 2025 Revised Editio…

24:06:07:07. Exits -- Emergency. Emergency exits for a school bus must comply with the section entitled "Emergency Exits" on pages 48 to 49, inclusive, of the National School Transportation Specifications & Procedures, 2025 Revised Edition (NSTSP). Emergency doors and other emerg…

Rule 24:06:08:01 Repealed. 24:06:08:01. Training of school bus drivers and bus attendants. Repealed. Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004; 33 SDR 152, effective April 5, 2007; repealed, SL 2011, ch 87, § 2.

24:06:08:02. Emergency procedures. Each school bus driver, with authorization by the employing school district, shall conduct emergency evacuation instruction and drills for school bus riders at least twice a year, and three times a year for Headstart school bus riders. Each scho…

24:06:08:03. Maintenance records and daily inspection. The school bus driver shall perform daily inspection in accordance with sections A.10 to A.15, inclusive, on pages 154 to 158, inclusive, of the National School Transportation Specifications & Procedures, May 2025 Revised Edi…

24:06:08:04. Operations. The state and school districts must, at minimum, comply with the sections entitled "Introduction," "School Bus Use," "State Administration," and "Local School District Administration" on pages 143 to 153, inclusive, of the National School Transportation S…

Rule 24:06:08:05 Towing. 24:06:08:05. Towing. A school bus may tow any type of trailer or vehicle with passengers on the bus if the bus has an additional emergency exit other than the rear. Source: 33 SDR 152, effective April 5, 2007. General Authority: SDCL 13-29-2, 13-29-6. Law…

24:06:08:06. Activity bus operations. The state and school districts must, at minimum, with the section entitled "Activity Bus Operations" on pages 205 to 213, inclusive, of the National School Transportation Specifications & Procedures, May 2025 Revised Edition. Source: 38 SDR 5…

Rule 24:06:09:01 Certification of school bus inspectors. 24:06:09:01. Certification of school bus inspectors. Any person who performs annual school bus inspections shall be at least 18 years of age and certified by the Division of Highway Patrol. A person shall successfully compl…

Rule 24:06:09:02 Revocation of certification. 24:06:09:02. Revocation of certification. Upon a determination by the Division of Highway Patrol that any person certified as a school bus inspector has failed to exercise an acceptable level of care in performing school bus inspectio…

Rule 24:07:01:01 Definitions. 24:07:01:01. Definitions. Terms used in this article mean: (1) "Expulsion," the action of the school board that terminates a pupil's membership in school for not more than 12 consecutive months; (2) "Long-term suspension," the exclusion of a pupil by…

Rule 24:07:02:01 Short-term suspension procedure. 24:07:02:01. Short-term suspension procedure. If a short-term suspension from a class, classes, or school is anticipated because of a pupil's violation of a policy, the principal or superintendent shall give oral or written notice…

Rule 24:07:03:01 Written report required. 24:07:03:01. Written report required. The superintendent must file a sealed, written report with the school board by the end of the fifth school day following the first day of the long-term suspension and may request that a hearing be hel…

Rule 24:07:03:02 Right to request hearing -- Notice of hearing. 24:07:03:02. Right to request hearing -- Notice of hearing. If the superintendent finds grounds for a long-term suspension from a class or classes, the superintendent may exclude the pupil from a class or classes by …

Rule 24:07:03:03 Right of waiver. 24:07:03:03. 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 24:07:03:04 Hearing procedure. 24:07:03:04. 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 24:07:03:05 Repealed. 24:07:03:05. Decision must be based on evidence.Repealed. Source: 1 SDR 24, effective September 5, 1974; 8 SDR 15, repealed August 19, 1981.

Rule 24:07:03:06 Right of appeal. 24:07:03:06. Right of appeal. The student may appeal an adverse decision by the school board to the circuit court. Source: 1 SDR 24, effective September 5, 1974; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 20 SDR 223, effective July 7, 1994. G…

Rule 24:07:03:07 Attendance policies. 24:07:03:07. Attendance policies. The attendance policy of a school district may not exclude a pupil from a class or from school for more than ten days without providing due process procedures pursuant to this chapter. Source: 8 SDR 15, effec…

Rule 24:07:03:08 Referral to placement committee of pupils in need of special education. 24:07:03:08. Referral to placement committee of pupils in need of special education. If a pupil identified as in need of special education or special education and related services pursuant t…

Rule 24:07:04:01 Written report required. 24:07:04:01. Written report required. If expulsion is anticipated because of a student's violation of a rule or policy or for insubordination or misconduct, the superintendent must file a sealed written report with the school board no lat…