South Dakota Administrative Code

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…

Rule 24:06:07:02 School bus standards. 24:06:07:02. School bus standards. The school bus chassis and body and specially equipped school buses must meet the specifications listed on pages 26 to 78, inclusive, of the National School Transportation Specifications & Procedures, May 2…

Rule 24:06:07:03 Repealed. 24:06:07:03.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 Repealed. Source: 22 SDR 61, effective November 9, 1995; 30 SDR 181, effective May 20, 2004; repealed, 33 SDR 152, effective April 5, 2007.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

Rule 24:06:07:03.01 Floor insulation. 24:06:07:03.01. Floor insulation. School buses shall meet the insulation requirements listed on page 51 of the National School Transportation Specifications & Procedures, May 2015 Revised Edition. Source: 38 SDR 58, effective October 17, 2011…

Rule 24:06:07:04 Heating and air conditioning systems. 24:06:07:04. Heating and air conditioning systems. Heaters must be provided in a school bus, air conditioning systems may be installed in accordance with the section entitled "Heating and Air Conditioning Systems" on pages 44…

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…

Rule 24:06:07:06 Windows, windshield, and glass. 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 the section entitled "Windows" on page 66, Section A of the National School Transportation Specifi…

Rule 24:06:07:07 Exits -- Emergency. 24:06:07:07. Exits -- Emergency. Emergency exits for a school bus must comply with the section entitled "Emergency Exits" on pages 39-41 of the National School Transportation Specifications & Procedures, 2015 Revised Edition. In addition, the …

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.

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

Rule 24:06:08:03 Maintenance records and daily inspection.. 24:06:08:03. Maintenance records and daily inspection. The owner of a school bus shall keep maintenance records on each school bus. The inspection shall include the process as published in the section entitled Driver Res…

Rule 24:06:08:04 Operations. 24:06:08:04. Operations. The following provides the minimum requirements for the state and school districts to follow in accordance with the sections entitled "Introduction," "School Bus Use," "State Administration," and "Local School District Adminis…

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…

Rule 24:06:08:06 Activity bus operation. 24:06:08:06. Activity bus operations. The following provides minimum requirements for the state and school districts to follow in accordance with the section entitled "Activity Bus Operations," on pages 181 to 189, in the National School T…

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…

Rule 24:07:04:02 Notice of hearing. 24:07:04:02. Notice of hearing. If the superintendent finds grounds for expulsion from one or more classes or from school, the superintendent may exclude the student immediately by using the short-term suspension procedure in § 24:07:02:01. The…

Rule 24:07:04:03 Right of waiver. 24:07:04:03. Right of waiver. The student, if of the age of majority or emancipated, or the student'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 an…

Rule 24:07:04:04 Hearing procedure. 24:07:04:04. 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 24:07:04:05 Right of appeal. 24:07:04:05. Right of appeal. The student may appeal an adverse decision by the school board to the circuit court. Source: 23 SDR 179, effective April 29, 1997. General Authority: SDCL 13-1-12.1. Law Implemented: SDCL 13-32-1, 13-32-4.

Rule 24:07:04:06 Attendance policies. 24:07:04:06. Attendance policies. The attendance policy of a school district may not exclude a student from one or more classes or from a school for more than ten consecutive school days without providing the due process procedures in this ch…

Rule 24:07:04:07 Referral to placement committee of students in need of special education or special education and related services. 24:07:04:07. Referral to placement committee of students in need of special education or special education and related services. If a student ident…

Rule 24:08:01:01 Meaning of terms. 24:08:01:01. Meaning of terms. Terms used in this article mean: (1) "Code of professional ethics," the code of professional ethics set forth in chapter 24:08:03; (2) "Commission," the South Dakota Professional Teachers Practices and Standards Co…

Rule 24:08:02:01 Officers of the commission. 24:08:02:01. Officers of the commission. The commission shall at its first meeting after January first of each year elect a chairperson and vice chairperson. The commission may appoint an executive secretary who shall not be a voting m…

Rule 24:08:02:02 Duties of the chairperson. 24:08:02:02. Duties of the chairperson. The chairperson shall preside at all meetings of the commission. In accordance with the rules of the commission, the chairperson shall supervise all business and affairs of the commission. The cha…

Rule 24:08:02:03 Duties of the vice chairperson. 24:08:02:03. Duties of the vice chairperson. During the absence of the chairperson the vice chairperson shall perform the duties of the chairperson. In the event of the chairperson's inability or refusal to act, the vice chairperso…

Rule 24:08:02:04 Duties of the executive secretary. 24:08:02:04. Duties of the executive secretary. The executive secretary when appointed shall keep accurate minutes of all meetings of the commission and maintain all the records necessary to operate and administer the business o…

Rule 24:08:02:05 Repealed. 24:08:02:05. Employees of the commission.Repealed. Source: 2 SDR 40, effective December 9, 1975; repealed, 8 SDR 35, effective October 7, 1981.

Rule 24:08:02:06 Quorum for conducting business -- Majority vote needed. 24:08:02:06. Quorum for conducting business -- Majority vote needed. A majority of the members of the commission shall constitute a quorum for the transaction of business. An affirmative vote of a majority o…

Rule 24:08:02:07 Regular meetings -- Time and place. 24:08:02:07. Regular meetings -- Time and place. A regular annual meeting of the commission shall be held at Pierre, South Dakota, at the time established at the organizational meeting of the commission. Source: 2 SDR 40, effec…

Rule 24:08:02:08 Special meetings -- How called and place. 24:08:02:08. Special meetings -- How called and place. All meetings other than regular annual meetings are special meetings. Special meetings may be held as often as is necessary to conduct the business of the commission.…

Rule 24:08:02:09 Notice of meetings. 24:08:02:09. Notice of meetings. A written notice shall be sent to all members at least five days before a regular or special meeting. A copy of the proposed agenda and other pertinent information shall be sent with the notice. Emergency speci…

Rule 24:08:02:10 Repealed. 24:08:02:10. Conduct of business.Repealed. Source: 2 SDR 40, effective December 9, 1975; repealed, 11 SDR 96, 11 SDR 112, effective July 1, 1985.

Rule 24:08:02:11 Removal of elected officers. 24:08:02:11. Removal of elected officers. The commission may remove an elected officer of the commission by a two-thirds affirmative vote of the total membership of the commission. This action shall not terminate membership on the com…

Rule 24:08:03:01 Obligations to students. 24:08:03:01. Obligations to students. In fulfilling their obligations to the students, educators shall act as follows: (1) Not, without just cause, restrain students from independent action in their pursuit of learning; (2) Not, without j…