South Dakota Administrative Code

Rule 24:55:05:01 Academic progress defined. 24:55:05:01. Academic progress defined. For purposes of this chapter, the term, academic progress, means a public school's attainment of yearly targets that the department has established to ensure attainment of a six-year goal for cont…

24:55:05:02. Student achievement progress goals and targets. For each public school and school district, the department shall calculate a unique student achievement progress goal that results in all students demonstrating proficiency by the 2032-2033 school year. To achieve that …

24:55:05:03. Calculation of student achievement progress goals and yearly targets. The department shall calculate student achievement progress goals and yearly targets separately for English language arts and mathematics and for each student group in each public school as follows…

24:55:05:04. Graduation rate progress goals and targets. For each public school and school district, the department shall calculate a unique graduation rate progress goal that results in all students meeting the graduation rate by the 2032-2033 school year. To achieve that long-t…

24:55:05:05. Calculation of graduation rate progress goals and yearly targets. The department shall calculate graduation rate goals and yearly targets for each student group in each public school as follows: (1) Based on the graduation rates from the 2017-2018 school year, the de…

24:55:05:06. English language proficiency rate progress goals and targets. For each public school and school district, the department shall calculate a unique English language proficiency goal that results in all students meeting English language proficiency rates by the 2032-203…

24:55:05:07. Calculation of English language proficiency rate progress goals and yearly targets. The department shall calculate English language proficiency rate goals and yearly targets for each public school as follows: (1) Based on the English language proficiency rate from th…

Rule 24:55:05:08 Student-level English language proficiency progress goal and targets. 24:55:05:08. Student-level English language proficiency progress goal and targets. For each English learner, the department shall calculate a unique student-level English language proficiency p…

Rule 24:55:05:09 Calculation of student-level English language proficiency progress goal and targets. 24:55:05:09. Calculation of student-level English language proficiency progress goal and targets. The department shall calculate student-level English language proficiency yearly…

Rule 24:55:06:01 Department review and reporting. 24:55:06:01. Department review and reporting. The department shall annually review and report accountability system results consistent with the requirements of 20 U.S.C. 6311(h) in effect on December 10, 2015. Source: 39 SDR 51, e…

24:55:06:02. School districts must publish accountability results. Each school district shall publish and disseminate the accountability system results of each public school in the district, including the final classifications of public schools in the district pursuant to chapter…

Rule 24:55:06:03 Student privacy rights not affected. 24:55:06:03. Student privacy rights not affected. Nothing in this chapter is intended to waive the requirements of 20 U.S.C. § 1232g (2010) or SDCL 1-27-1.5(1). Source: 39 SDR 51, effective October 3, 2012. General Authority: …

24:55:06:04. Periodic evaluation of the gap group composition. Repealed. Source: 44 SDR 95, effective December 6, 2017; 49 SDR 35, effective October 10, 2022.

Rule 24:55:07:01 All public school students assessed. 24:55:07:01. All public school students assessed. All students enrolled in public school shall take the state academic assessment. Source: 39 SDR 51, effective October 3, 2012. General Authority: SDCL 13-3-55, 13-3-69. Law Imp…

Rule 24:55:07:02 At least 95 percent assessed. 24:55:07:02. At least 95 percent assessed. A school shall administer the state academic assessment to at least 95 percent of the students and 95 percent of students within a student group who are enrolled in the tested grades for the…

Rule 24:55:07:03 Dually enrolled students. 24:55:07:03. Dually enrolled students. For purposes of the student achievement, academic growth, high school completion, graduation rate, English language proficiency, and college and career readiness key indicators, a student who is dua…

Rule 24:55:07:04 Student transfers during the academic year. 24:55:07:04. Student transfers during the academic year. Results of students who transfer from one public school to another public school within the same public school district between October first and May first are co…

24:55:07:05. Student group size. To comply with the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, 34 C.F.R. Part 99 (March 8, 2012), the department shall use a minimum group size of ten students for each student group of § 24:55:01:05 when publ…

Rule 24:55:07:06 Insufficient group size. 24:55:07:06 Insufficient group size. Accountability determinations for public schools may not be required if the number of students in a group is insufficient to yield statistically reliable information, or the results would reveal person…

Rule 24:55:07:07 Public schools with no grades assessed. 24:55:07:07. Public schools with no grades assessed. For accountability purposes, the department shall link public schools that have no grades assessed with public schools into which their students feed. Source: 39 SDR 51, …

Rule 24:55:07:08 Requirements for all public schools. 24:55:07:08. Requirements for all public schools. All public schools, including Title I schools, must participate in the state academic assessment. Source: 39 SDR 51, effective October 3, 2012. General Authority: SDCL 13-3-55,…

Rule 24:55:07:09 Repealed. 24:55:07:09. Students with disabilities. Repealed. Source: 39 SDR 51, effective October 3, 2012; repealed, 40 SDR 40, effective September 11, 2013.

Rule 24:55:07:10 Repealed. 24:55:07:10. Students with disabilities identified after December first. Repealed. Source: 39 SDR 51, effective October 3, 2012; repealed, 40 SDR 40, effective September 11, 2013

24:55:07:11. Participation of students who are English learners. A student who is an English learner and in the first year of enrollment in a school in the United States is not required to take the state academic assessment in English language arts, if the student has participate…

Rule 24:55:07:12 Student moves. 24:55:07:12. Student moves. All students are required to take the state academic assessment at their current public school during the testing timeline established by the department. However, if a student moves during the testing timeline and has no…

Rule 24:55:07:13 Student moves, full academic year not met. 24:55:07:13. Student moves, full academic year not met. A student who moves and enrolls in a public school district for less than a full academic year shall be tested, and the student's results for student achievement, a…

24:55:07:14. Student drops out completing less than half the academic year. A student who drops out from a public high school, having attended fewer than fifty percent of the school's scheduled days at the student's last school of attendance, shall count for the graduation rate a…

Rule 24:55:07:15 Attributing credit for college and career readiness key indicator. 24:55:07:15. Attributing credit for college and career readiness key indicator. A student shall count for the college and career readiness key indicator at the school for which the student counted…

Rule 24:55:07:16 Special considerations. 24:55:07:16. Special considerations. For accountability purposes, students are assigned as follows: (1) If a student is placed at any of the following, with tuition paid by an entity other than the resident district, the student is counted…

Rule 24:55:08:01 Public school or district changing grade span or physical status. 24:55:08:01. Public school or district changing grade span or physical status. A public school or public school district that proposes to change its grade span or physical building capacity must su…

Rule 24:55:08:02 Students attending public school or district in first year of operation -- Included in accountability classification. 24:55:08:02. Students attending public school or district in first year of operation -- Included in accountability classification. Students atten…

Rule 24:55:08:03 Accountability classification determination starts with first year of operation. 24:55:08:03. Accountability classification determination starts with first year of operation. Accountability classifications for new public schools are made by the department within …

24:55:08:04. Public school boundaries altered -- Prior academic progress goals and targets recalculated. If a school district that has two or more attendance centers per grade span changes boundaries so that at least fifty percent of the student population of the attendance cente…

Rule 24:55:08:05 School district consolidation -- Prior academic progress goals and targets recalculated. 24:55:08:05. School district consolidation -- Prior academic progress goals and targets recalculated. If two or more public school districts consolidate under the provisions …

Rule 24:55:09:01 Public schools may review data. 24:55:09:01. Public schools may review data. A public school district on behalf of a public school may review the results and classification of the school under the accountability system. If the public school district believes the …

24:55:09:02. School district to appeal not later than ten days after notification. A school district on behalf of a public school must submit an appeal form provided by the department and supporting documentation not later than ten business days after the initial public release o…

Rule 24:55:09:03 Final determination by department. 24:55:09:03. Final determination by department. Following review of the materials submitted pursuant to § 24:55:09:02, the department shall make a final determination regarding the accuracy of the data. The public school distric…

Rule 24:55:10:01 Accountability system review. 24:55:10:01. Accountability system review. The department shall periodically review the accountability system to ensure that it is fair and appropriate for the state's public schools and to determine whether the system contributes to…

Rule 24:56:01:01 Deadline and requirements for submission of agreements. 24:56:01:01. Deadline and requirements for submission of agreements. Any agreement between a consortium of school districts exercising joint powers or intergovernmental cooperation referenced in SDCL 13-6-97…

Rule 24:56:01:02 Criteria for approval of agreements. 24:56:01:02. Criteria for approval of agreements. In reviewing agreements referenced in § 24:56:01:01, the Secretary shall consider whether the agreement results in significant cost savings to all participating districts, whet…

Rule 24:56:01:03 Decision of the Secretary. 24:56:01:03. Decision of the Secretary. The Secretary shall issue a decision regarding the agreement no later than April first. The Secretary's decision must be in writing and served upon the superintendent of each participating distric…

Rule 24:56:02:01 Deadline and criteria for approval of agreements. 24:56:02:01. Deadline and criteria for approval of agreements. Agreements referenced in SDCL 13-15-30 and 13-15-31 must be submitted to the Secretary via first class United States mail and postmarked no later than…

Rule 24:56:02:02 Decision of the Secretary. 24:56:02:02. Decision of the Secretary. The Secretary shall issue a decision regarding the agreement no later than April first. The Secretary's decision must be in writing and served upon the superintendent of each participating school …

Rule 24:56:03:01 Purpose. 24:56:03:01. Purpose. The Department of Education shall administer the shared services grants which are designed to provide an incentive for school districts to share employees. Source: 43 SDR 9, effective August 4, 2016. General Authority: SDCL 13-15-1.…

Rule 24:56:03:02 Criteria for grant funds. 24:56:03:02. Criteria for grant funds. An applicant for a shared services grant must meet the following criteria: (1) Be an accredited public school district in South Dakota; (2) Demonstrate need among participating school districts for …

Rule 24:56:03:03 Application and award period. 24:56:03:03. Application and award period. The department shall inform all school districts of the application and award period and the amount of grant funds available each year. The department shall also provide school districts wit…

Rule 24:56:03:04 Review process. 24:56:03:04. Review process. The department shall determine grant recipients and award amounts utilizing a competitive process and involving a group of reviewers designated by the Secretary. Applications addressing rural or sparsity needs, increas…