reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:12 - Documentation of eligibility for specific learning disabilities

Current through Register Vol. 51, page 10, July 15, 2024
For a child suspected of having a specific learning disability, the documentation of the determination of eligibility shall contain a statement of:
(1) Whether the child has a specific learning disability;
(2) The basis for making the determination, including an assurance that the determination has been made in accordance with this section;
(3) The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;
(4) The educationally relevant medical findings, if any;
(5) Whether:
(a) The child does not achieve adequately for the child's age or does not meet state-approved grade-level standards; and
(b) The child does not make sufficient progress to meet age or state-approved grade-level standards; or the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, state-approved grade level standards or intellectual development;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:13 - Group members to certify report in writing

Current through Register Vol. 51, page 10, July 15, 2024
Each group member shall certify in writing whether the report reflects the group member's conclusion. If it does not reflect the group member's conclusion, the group member must submit the conclusion in a separate statement.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:13.01 - Response to intervention model

Current through Register Vol. 51, page 10, July 15, 2024
School districts that elect to use a response to intervention model as part of the evaluation process for specific learning disabilities shall submit to the state for approval a formal proposal that at a minimum addresses the provisions in §
									24:05:25:12.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:16 - Parent participation

Current through Register Vol. 51, page 10, July 15, 2024
Each district shall take steps to ensure that one or both parents of the child are present at each IEP team meeting or are afforded the opportunity to participate. The district shall notify parents of the meeting early enough to ensure that they will have an opportunity to attend, scheduling the meeting at a mutually agreed-upon time and place. The notice to the parents shall state the purpose, time, and location of the IEP team meeting and who will be in attendance and inform the parents of the provisions relating to the participation of other individuals on the IEP team who have knowledge or special expertise about the child, including information related to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the IDEA.
If a purpose of the IEP team meeting is the consideration of postsecondary goals and transition services for a student, the notice must also address the provisions of § 24:05:25:16.01.
If parents cannot attend, the district shall use other methods to ensure participation, including individual or conference telephone calls consistent with §
									24:05:27:08.04.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Transition services, §
											24:05:27:13.02.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:16.01 - Participation of student in IEP team meeting

Current through Register Vol. 51, page 10, July 15, 2024
If a purpose of the IEP team meeting is the consideration of postsecondary goals and transition services for a student, and if the meeting is for a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP team, the notice also must:
(1) Indicate that a purpose of the meeting is the consideration of the postsecondary goals and transition services for the student;
(2) Indicate that the district will invite the student; and
(3) To the extent appropriate, with the consent of the parents or a student who has reached the age of majority, identify any other agency that is likely to be responsible for providing or paying for transition services and that will be invited to send a representative.
Parental consent, or the consent of an eligible student who has reached the age of majority under state law, must be obtained before personally identifiable information is released to officials of participating agencies providing or paying for transition services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:16.02 - Required student invitation

Current through Register Vol. 51, page 10, July 15, 2024
The district shall invite a student with a disability to attend the student's IEP team meeting if a purpose of the meeting is the consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals.
If the student does not attend the IEP team meeting, the district shall take other steps to ensure that the student's preferences and interests are considered.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Transition services, §
											24:05:27:13.02.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:17 - Conduct of IEP team without parents

Current through Register Vol. 51, page 10, July 15, 2024
An IEP team meeting may be conducted without a parent in attendance if the district is unable to convince the parents that they should attend. The district must have written documentation of its attempts to arrange a mutually agreed upon time and place, such as the following:
(1) Detailed records and dates of telephone calls made or attempted to parents and the results of those calls;
(2) Detailed copies of dated correspondence sent to the parents and any responses received; and
(3) Detailed records and dates of visits made to the parent's home or place of employment and the results of those visits.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:18 - Action to ensure parent understands

Current through Register Vol. 51, page 10, July 15, 2024
The district shall take whatever action is necessary to ensure that the parent understands the proceedings at the IEP team meeting, including arranging for an interpreter for parents who are deaf or whose native language is other than English.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:19 - Parents to receive copy of individual education program

Current through Register Vol. 51, page 10, July 15, 2024
The district shall give the parents a copy of the individual education program, at no cost.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:20 - IEP team to evaluate, interpret, and explain

Current through Register Vol. 51, page 10, July 15, 2024
The IEP team is responsible for assuring that a child has been appropriately evaluated and that all evaluation data are interpreted and explained to parents.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:21 - IEP team to determine placement

Current through Register Vol. 51, page 10, July 15, 2024
The IEP team shall determine whether the child is in need of special education or special education and related services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:22 - IEP team to develop individual education program

Current through Register Vol. 51, page 10, July 15, 2024
If the child is determined to be in need of special education or special education and related services, the IEP team shall develop an appropriate individual education program for the child. At the beginning of each school year thereafter, the district must have in effect an IEP for each child with disabilities within its jurisdiction. For children beginning at age three, an IEP shall be in effect by that date. If a child's third birthday occurs during the summer, the IEP team shall determine the date when services under the IEP will begin. All IEPs shall be developed in accordance with the provisions of this article.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Individual educational program, ch 24:05:27.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:23 - Decisions of IEP team

Current through Register Vol. 51, page 10, July 15, 2024
All decisions of the IEP team shall be made jointly by the parents and school personnel through the IEP process and specified on the child's IEP. An IEP must be in effect before special education and related services are provided to a child and must be implemented as soon as possible following a placement committee meeting.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:26 - Extended school year authorized

Current through Register Vol. 51, page 10, July 15, 2024
The district shall provide extended school year services to eligible children if the IEP team determines on an individual basis that such services are necessary for the provision of FAPE.
An IEP pursuant to chapter 24:05:27 shall be developed and implemented by the IEP team that addresses the need for extended school year services. The IEP team shall determine the length of the school day and duration of extended school year services based on the individual child's needs.
In implementing the requirements of this section, a district may not:
(1) Limit extended school year services to particular categories of disability;
(2) Unilaterally limit the type, amount, or duration of those services; or
(3) Apply a regression/recoupment criterion to children in need of prolonged assistance.
As used in this section, the term, extended school year services, means special education and related services that meet the standards of the state and are provided to a student with a disability beyond the normal school year of the district, in accordance with the student's IEP and at no cost to the parents of the student.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:01 - Suspension from school

Current through Register Vol. 51, page 10, July 15, 2024
The suspension of pupils in need of special education or special education and related services includes the general due process procedures used for all pupils and the additional steps in the process specified in this chapter that a district must take if the student is receiving special education or special education and related services under an individualized education program.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
Student due process, art 24:07.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:01.01 - Suspension from school - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter and chapter 24:05:26.01 mean:
(1) "Controlled substance," a drug or other substance identified under SDCL  34-20B-11 to  34-20B-26, inclusive;
(2) "Dangerous weapon," a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury. The term does not include a pocket knife with a blade of less than 2 1/2 inches in length;
(3) "Illegal drug," a controlled substance, but does not include such a substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under SDCL  34-20B-11 to  34-20B-26, inclusive, or under any provision of federal law; and
(4) "Serious bodily injury," bodily injury that involves:
(a) A substantial risk of death;
(b) Extreme physical pain;
(c) Protracted and obvious disfigurement; or
(d) Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:01.02 - Case-by-case determination

Current through Register Vol. 51, page 10, July 15, 2024
School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this chapter, is appropriate for a student with a disability who violates a code of student conduct.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:02 - Short-term suspension procedure

Current through Register Vol. 51, page 10, July 15, 2024
If a short-term suspension from a class, classes, or school is anticipated because of a pupil's violation of a policy, the procedure in §
									24:07:02:01  applies.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:02.01 - Change of placement for disciplinary removals

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of removal of a student with a disability from the student's current educational placement under this chapter, a change of placement occurs if:
(1) The removal is for more than ten consecutive school days; or
(2) The student is subjected to a series of removals that constitute a pattern because:
(a) They cumulate to more than ten school days in a school year;
(b) Of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another; and
(c) The student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals.
The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:02.02 - Removals - Ten school days or less

Current through Register Vol. 51, page 10, July 15, 2024
To the extent removal would be applied to students without disabilities, including alternative settings, school personnel may order the removal of a student with a disability from the student's current placement to an appropriate interim alternative educational setting or another setting, or they may order suspension for not more than ten consecutive school days, for any violation of a code of student conduct. Additional removals of not more than ten consecutive school days in that same school year may be ordered for separate incidents of misconduct if those removals do not constitute a change of placement under §
									24:05:26:02.01.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:02.03 - Required services - No change of placement

Current through Register Vol. 51, page 10, July 15, 2024
A school district need not provide services during periods of removal under §
									24:05:26:02.02 to a student with a disability who has been removed from his or her current placement for ten school days or less in that school year, if services are not provided to a student without disabilities who has been similarly removed. If a student with a disability has been removed from his or her current placement for more than ten school days in that school year, and the removal is not for more than ten consecutive school days and is not a change in placement, the district, for the remainder of the removals, shall provide services to the extent necessary to enable the student to participate in the general curriculum and to progress toward meeting the goals set out in the student's IEP. School personnel, in consultation with at least one of the student's teachers, shall determine the extent to which services are necessary to enable the student to participate in the general curriculum and to progress toward meeting the goals set out in the student's IEP.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:03 - Written report required

Current through Register Vol. 51, page 10, July 15, 2024
If a long-term suspension is anticipated because of a pupil's violation of a policy, the procedure in §
									24:07:03:01  applies.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:04 - Right to request hearing - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the superintendent finds grounds for a long-term suspension from a class or classes, the procedure in §
									24:07:03:02  applies.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:05 - Right of waiver

Current through Register Vol. 51, page 10, July 15, 2024
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, and place set in the notice unless a different date, time, and place are agreed to by the parties.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:06 - Hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
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 the hearing officer;
(2) Each party may make an opening statement;
(3) Each party may introduce evidence, present witnesses, and examine and cross-examine witnesses;
(4) Each party may be represented by an attorney;
(5) The school administration shall present its case first;
(6) The hearing is closed to the public. The school board shall make a verbatim record of the hearing by means of an electronic or mechanical device;
(7) Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president or business manager;
(8) Each party may raise objections; however, objections are limited to relevancy and scope of the question;
(9) The hearing officer shall admit all relevant evidence; however, the hearing officer may limit unproductive or repetitious evidence;
(10) The hearing officer may ask questions of witnesses and may allow other school board members to interrogate witnesses;
(11) Each party may make a closing statement;
(12) After the hearing, the school board shall continue to meet in executive session for deliberation. No one other than the hearing officer may meet with the school board during deliberation. The school board may seek advice during deliberation from an attorney who has not represented any of the parties to the hearing. Consultation with any other person during deliberation may occur only if a representative of the pupil is present; and
(13) The decision of the school board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The motion shall omit the name of the pupil and shall state the reason for the board's action. The school board shall notify the pupil's parents or a pupil who is 18 years of age or older or an emancipated minor in writing of the decision. The notice shall state the length of the suspension.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:07 - Right of appeal

Current through Register Vol. 51, page 10, July 15, 2024
The pupil may appeal an adverse decision by the school board to the circuit court.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:08 - Attendance policies

Current through Register Vol. 51, page 10, July 15, 2024
The attendance policy of a school district may not exclude a pupil from a class or from a school for more than ten days without providing due process pursuant to this chapter.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:08.01 - Authority of school personnel - Weapons, drugs, and serious bodily injury

Current through Register Vol. 51, page 10, July 15, 2024
School personnel may remove a student to an appropriate interim alternative setting for not more than 45 school days, without regard to whether the behavior is determined to be a manifestation of the student's disability, if:
(1) The student carries a weapon to or possesses a weapon at school, on school premises, or at school or to a school function under the jurisdiction of a state or local education agency;
(2) The student knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school, on school premises, or at a school function under the jurisdiction of a state or local educational agency; or
(3) The student has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of the state education agency or a school district.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:08.02 - Authority of hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
A hearing officer under this article hears and makes a determination regarding an appeal under this chapter. In making the determination under this section, the hearing officer may:
(1) Return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of this chapter or that the student's behavior was a manifestation of the student's disability; or
(2) Order a change of placement of the student with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.
The procedures under this section may be repeated if the school district believes that returning the student to the original placement is substantially likely to result in injury to the student or to others.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:08.03 - Parental notification

Current through Register Vol. 51, page 10, July 15, 2024
On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the school district shall notify the parents of that decision and provide the parents the procedural safeguards notice described in chapter 24:05:30.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09 - Referral to IEP team for long-term suspension of pupils

Current through Register Vol. 51, page 10, July 15, 2024
If a pupil identified as in need of special education or special education and related services pursuant to SDCL  13-37-1 is the subject of long-term suspension, a referral shall be made by the superintendent or chief administering officer to the district's IEP team.
General Authority:
SDCL  13-37-1.1,  13-32-4.
Law Implemented:
SDCL  13-37-1.1,  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.02 - Determination of interim alternative educational setting

Current through Register Vol. 51, page 10, July 15, 2024
The student's IEP team shall determine the interim alternative educational setting in which a student is placed under §§
									24:05:26:08.01, 24:05:26:02.01, and 24:05:26:09.05.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.03 - Manifestation determination review requirement

Current through Register Vol. 51, page 10, July 15, 2024
Within ten school days of any decision to change the placement of a student with a disability because of a violation of a code of student conduct, the school district, the parent, and relevant members of the student's IEP team, as determined by the parent and the district, shall review all relevant information in the student's file, including the student's IEP, any teacher observations, and any relevant information provided by the parents to determine:
(1) Whether the conduct in question was caused by, or had a direct and substantial relationship to, the student's disability; or
(2) Whether the conduct in question was the direct result of the school district's failure to implement the IEP.
The conduct must be determined to be a manifestation of the student's disability if the district, the parent, and relevant members of the student's IEP team determine that a condition in either subdivision (1) or (2) of this section was met.
If the district, the parent, and relevant members of the student's IEP team determine that the condition described in subdivision (2) of this section was met, the district shall take immediate steps to remedy those deficiencies.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.04 - Determination that behavior was a manifestation

Current through Register Vol. 51, page 10, July 15, 2024
If the school district, the parent, and relevant members of the IEP team determine that the conduct was a manifestation of the student's disability, the IEP team shall either:
(1) Conduct a functional behavioral assessment, unless the district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or
(2) If a behavioral intervention plan already has been developed, review the behavioral intervention plan and modify it, as necessary, to address the behavior.
In addition, and except as provided in §
										24:05:26:08.01, the IEP team shall return the student to the placement from which the student was removed, unless the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.05 - Determination that behavior was not manifestation of disability - Additional authority of school personnel

Current through Register Vol. 51, page 10, July 15, 2024
For disciplinary changes in placement that would exceed ten consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the student's disability pursuant to this chapter, school personnel may apply the relevant disciplinary procedures to students with disabilities in the same manner and for the same duration as the procedures would be applied to students without disabilities, except as provided in this section.
A student with a disability who is removed from the student's current placement pursuant to this section or §
									24:05:26:08.01 must:
(1) Continue to receive educational services, as provided in this article, so as to enable the student to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the student's IEP; and
(2) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.06 - Appeal

Current through Register Vol. 51, page 10, July 15, 2024
The parent of a student with a disability who disagrees with any decision regarding placement under this chapter or with the manifestation determination, or a school district that believes that maintaining the current placement of the student is substantially likely to result in injury to the student or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to this article.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.07 - Placement during appeals

Current through Register Vol. 51, page 10, July 15, 2024
If an appeal under this chapter has been made by either the parent or the school district, the student must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period specified in §
									24:05:26:08.01 or 24:05:26:09.05, whichever occurs first, unless the parent and the state education agency or school district agree otherwise.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:09.08 - Expedited hearing - Procedures

Current through Register Vol. 51, page 10, July 15, 2024
If a hearing is requested under this chapter, the parents or the school district involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of this article, except as provided in this section.
The department shall arrange the expedited due process hearing, which must occur within 20 school days of the date of the complaint requesting the hearing is filed. The hearing officer shall make a determination within ten school days after the hearing.
Unless the parents and school district agree in writing to waive the resolution meeting described in this section, or agree to use the mediation process described in chapter 24:05:30:
(1) A resolution meeting must occur within seven days of receiving notice of the due process complaint; and
(2) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.
The decisions on expedited due process hearings are appealable consistent with chapter 24:05:30.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:14 - Protections for students not yet eligible

Current through Register Vol. 51, page 10, July 15, 2024
A student who has not been determined to be eligible for special education and related services under this article and who has engaged in behavior that violated any rule or code of conduct of the school district, including any behavior described in this chapter, may assert any of the protections provided for in this article if the school district had knowledge that the student was a student with a disability before the behavior that precipitated the disciplinary action occurred. A school district is deemed to have knowledge that a student is a student with a disability if:
(1) The parent of the student has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the student, that the student is in need of special education and related services;
(2) The parent of the student has requested an evaluation of the student pursuant to this article; or
(3) The teacher of the student, or other personnel of the district or other public agency has expressed specific concerns about a pattern of behavior demonstrated by the student directly to the director of special education of the district or to other supervisory personnel of the district.
A district is not deemed to have knowledge that the student is a student with a disability under this section, if the parent of the student has not allowed an evaluation of the student pursuant to this article, or has refused services under this article, or the district conducted an evaluation consistent with this article and determined that the student was not a student with a disability.
If the district does not have knowledge that a student is a student with a disability before taking disciplinary measures against the student, the student may be subjected to the same disciplinary measures as measures applied to students without disabilities who engaged in comparable behaviors consistent with this chapter.
If a request is made for an evaluation of a student during the time period in which the student is subjected to disciplinary measures under this chapter, the evaluation must be conducted in an expedited manner. Until the evaluation is completed, the student shall remain in the educational placement determined by school authorities, which can include suspension or expulsion without educational services. If the student is determined to be a student with a disability taking into consideration information from the evaluation conducted by the district and information provided by the parents, the district shall provide special education and related services in accordance with the provisions of this article including the discipline procedures and free appropriate public education requirements.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26 - Suspension › Section 24:05:26:15 - Referral to and action by law enforcement and judicial authorities

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in Part B of the Individuals with Disabilities Education Act prohibits a school district or other public agency from reporting a crime committed by a student with a disability to appropriate authorities or to prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with a disability.
A school district or other public agency reporting a crime committed by a student with a disability shall ensure that copies of the special education and disciplinary records of the student are transmitted for consideration by the appropriate authorities to whom it reports the crime. A school district reporting a crime under this chapter may transmit copies of the student's special education and disciplinary records only to the extent that the transmission is permitted by the Family Educational Rights and Privacy Act, as amended to January 8, 2009.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:01 - Expulsion from school

Current through Register Vol. 51, page 10, July 15, 2024
The expulsion of students in need of special education or special education and related services includes the general due process procedures used for all students and the additional steps in the process specified in this chapter that a district must take when the student is receiving special education or special education and related services under an individual education program.
General Authority:
SDCL  13-32-1,  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-1,  13-32-4,  13-37-1.1.
Student due process, art 24:07.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:01.01 - Case-by-case determination

Current through Register Vol. 51, page 10, July 15, 2024
School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this chapter, is appropriate for a student with a disability who violates a code of student conduct.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:02 - Written report required

Current through Register Vol. 51, page 10, July 15, 2024
If an expulsion is anticipated because of a student's violation of rules or policies or for insubordination or misconduct, the procedure in §
									24:07:04:01  applies.
General Authority:
SDCL  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:03 - Request and notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the superintendent finds grounds for expulsion from school, the procedure in §
									24:07:04:02  applies.
General Authority:
SDCL  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:04 - Right of waiver

Current through Register Vol. 51, page 10, July 15, 2024
A competent 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 and at the time and place set in the hearing notice unless a different date, time, and place are agreed to by the parties. If the hearing is waived in writing, the school board may consider the matter at a regular or special meeting without further notice to the student or the student's parents.
General Authority:
SDCL  13-1-12.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:05 - Hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
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 the hearing officer;
(2) Each party may make an opening statement;
(3) Each party may introduce evidence, present witnesses, and examine and cross-examine witnesses;
(4) Each party may be represented by an attorney;
(5) The school administration shall present its case first;
(6) The hearing is closed to the public. The school board shall make a verbatim record of the hearing by means of an electronic or mechanical device or by court reporter. This record and any exhibits must be sealed and must remain with the hearing officer until the appeal process has been completed;
(7) Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president, hearing officer, or other person authorized by law to take oaths or affirmations;
(8) Each party may raise any legal objections to evidence;
(9) The hearing officer shall admit all relevant evidence; however, the hearing officer may limit unproductive or repetitious evidence;
(10) The hearing officer may ask questions of witnesses and may allow other school board members to interrogate witnesses;
(11) Each party may make a closing statement;
(12) After the hearing, the school board shall continue to meet in executive session for deliberation. No one other than the hearing officer may meet with the school board during deliberation. The school board may seek advice during deliberation from an attorney who has not represented any of the parties to the hearing. Consultation with any other person during deliberation may occur only if a representative of the student is present; and
(13) The decision of the school board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The motion shall omit the name of the student and shall state the reason for the board's action. The school board shall notify the student's parent or parents or a student who is 18 years of age or older or who is an emancipated minor in writing of the decision. The notice shall state the length of the expulsion.
General Authority:
SDCL  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:06 - Right of appeal

Current through Register Vol. 51, page 10, July 15, 2024
The student may appeal an adverse decision by the school board to the circuit court.
General Authority:
SDCL  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:07 - Attendance policies

Current through Register Vol. 51, page 10, July 15, 2024
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 chapter or chapter 24:07:03.
General Authority:
SDCL  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:07.01 - Authority of school personnel - Weapons, drugs, and serious bodily injury

Current through Register Vol. 51, page 10, July 15, 2024
School district personnel shall follow the procedures under §
									24:05:26:08.01 if an expulsion is anticipated because of a student's violation of rules or policies pertaining to weapons and drugs.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:07.02 - Authority of hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
The authority of a hearing officer, in an expedited due process hearing, described under §
									24:05:26:08.02, applies if an expulsion is anticipated because a student's behavior is substantially likely to result in injury to the student or to others.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:07.03 - Parental notification

Current through Register Vol. 51, page 10, July 15, 2024
On the date on which the decision is made to make a removal that constitutes a change of placement of a student with a disability because of a violation of a code of student conduct, the school district must notify the parents of that decision and provide the parents the procedural safeguards notice described in chapter 24:05:30.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:08 - Referral to IEP team for expulsion of students

Current through Register Vol. 51, page 10, July 15, 2024
If a student identified in need of special education or special education and related services pursuant to SDCL  13-37-1 is the subject of proposed expulsion, the superintendent or chief administering officer shall refer the matter to the IEP team.
General Authority:
SDCL  13-32-4,  13-37-1.1.
Law Implemented:
SDCL  13-32-4,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:08.01 - Applicability of suspension procedures

Current through Register Vol. 51, page 10, July 15, 2024
The suspension procedures described in §§
									24:05:26:09.02 to 24:05:26:09.08, inclusive, apply if an expulsion is anticipated.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.