reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:28 - Least restrictive environment › Section 24:05:28:05 - Nonacademic and extracurricular services

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children in need of special education or special education and related services an equal opportunity for participation in those activities. Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the district, referrals to agencies which provide assistance to persons with disabilities, and employment of students, including both employment by the district and assistance in making outside employment available.
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 24:05:28 - Least restrictive environment › Section 24:05:28:06 - Nonacademic settings

Current through Register Vol. 51, page 10, July 15, 2024
In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities listed in this chapter, each school district shall develop and implement procedures which ensure that each child in need of special education or special education and related services participates with children without disabilities in those services and activities to the maximum extent appropriate to the needs of that child. The district shall ensure that each child with a disability has the supplementary aids and services determined by the child's IEP team to be appropriate and necessary for the child to participate in nonacademic settings.
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 24:05:28 - Least restrictive environment › Section 24:05:28:07 - Children in public or private institutions

Current through Register Vol. 51, page 10, July 15, 2024
Each school district through its IEP team and individual education program procedures, shall ensure that children placed in public or private institutions or other care facilities are educated with children who are not disabled to the maximum extent appropriate.
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 24:05:28 - Least restrictive environment › Section 24:05:28:08 - Physical education services

Current through Register Vol. 51, page 10, July 15, 2024
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 agency enrolls children without disabilities and does not provide physical education to children without disabilities in the same grades. Each child shall be afforded the opportunity to participate in the regular physical education program available to children without disabilities unless the child is enrolled full time in a separate facility or the child needs specially designed physical education which cannot be provided in the regular physical education program.
If specially designed physical education is prescribed in the child's individual education program, the school district responsible for the education of the child shall provide the services directly or make arrangements for it to be provided through other public or private programs.
For children enrolled in separate facilities, the district responsible for the education of the child shall ensure that the child receives appropriate physical education 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 24:05:28 - Least restrictive environment › Section 24:05:28:10 - Preschool programs

Current through Register Vol. 51, page 10, July 15, 2024
The requirements of this chapter apply to all eligible preschool children, ages three through five, inclusive, who are entitled to receive a free appropriate public education.
In each case, the school district must ensure that placement is based upon each child's individual education program and meets all the other requirements of this chapter.
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 24:05:28 - Least restrictive environment › Section 24:05:28:11 - Technical assistance and training

Current through Register Vol. 51, page 10, July 15, 2024
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 and are provided with technical assistance and training necessary to assist them.
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 24:05:28 - Least restrictive environment › Section 24:05:28:12 - Monitoring activities

Current through Register Vol. 51, page 10, July 15, 2024
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 requirements for the least restrictive environment in Part B of the Individuals with Disabilities Act, the department shall review the district's justification for its actions and shall assist in planning and implementing any necessary corrective action.
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 24:05:29 - Confidentiality of information › Section 24:05:29:01 - District policies and procedures on confidentiality of information

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall develop and implement policies and procedures on the confidentiality of information consistent with this chapter.
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 24:05:29 - Confidentiality of information › Section 24:05:29:02 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
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, 2013;
(2) "Attendance," includes:
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:29 - Confidentiality of information › Section 24:05:29:03 - Annual notification of rights

Current through Register Vol. 51, page 10, July 15, 2024
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 Act and this chapter. The notice must inform the parent or eligible student that the parent or eligible student has a right to do the following:
(1) Inspect and review the student's education records;
(2) Seek amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights;
(3) Consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that the Act and the regulations in this chapter authorize disclosure without consent; and
(4) File with the U. S. Department of Education a complaint concerning alleged failures by the agency or institution to comply with the requirements of the Act and this chapter.
The notice shall also include the procedures for exercising the right to inspect and review education records, the procedures for requesting the amendment of records and, if the educational agency or institution has a policy of disclosing education records, a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest.
The district may provide this notice by any means that are likely to inform the parents and eligible students of their rights and that will effectively notify parents of students who have a primary or home language other than English and parents or eligible students who are disabled.
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 24:05:29 - Confidentiality of information › Section 24:05:29:04 - Access rights

Current through Register Vol. 51, page 10, July 15, 2024
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 request without unnecessary delay and before any meeting regarding an individual education program or hearing relating to the identification, evaluation, or placement of the student, or discipline hearing, or resolution session, and in no case more than 45 calendar days after the request has been made.
The right to inspect and review education records under this section includes the following:
(1) The right to response from the district to reasonable requests for explanations and interpretations of the records;
(2) The right to request that the district provide copies of the records containing the information if failure to provide these copies would effectively prevent the parent from exercising the right to inspect and review the records; and
(3) The right to have a representative of the parent inspect and review the records.
The district may presume that the parent has authority to inspect and review records relating to the parent's child unless the agency has been advised that the parent does not have the authority under applicable state law governing such matters as guardianship, separation, divorce, or custody.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Divorce and separate maintenance, SDCL chapter 25-4.
Jurisdiction and venue of guardianships, SDCL chapter 30-26.
Appointment, qualification, bonds and removal of guardians, SDCL chapter 30-27.
Custody, care and maintenance of wards, SDCL chapter 30-28.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:29 - Confidentiality of information › Section 24:05:29:05 - Record of access

Current through Register Vol. 51, page 10, July 15, 2024
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, including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. A parent or eligible student may inspect this record on request.
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 24:05:29 - Confidentiality of information › Section 24:05:29:06 - Records on more than one child

Current through Register Vol. 51, page 10, July 15, 2024
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 of that specific information.
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 24:05:29 - Confidentiality of information › Section 24:05:29:07 - List of types and locations of information

Current through Register Vol. 51, page 10, July 15, 2024
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.
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 24:05:29 - Confidentiality of information › Section 24:05:29:08 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
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 not charge a fee to search for or to retrieve information under this chapter.
General Authority:
SDCL 13-37-1.1.
Law Implemented:
SDCL 13-37-1.1.
Fees, 34 C.F.R. §
												300.617.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:29 - Confidentiality of information › Section 24:05:29:09 - Amendment of records at parent's request

Current through Register Vol. 51, page 10, July 15, 2024
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 other rights of the student may request the district which maintains the information to amend the information.
The district shall decide whether to amend the information in accordance with the request within a reasonable period of time after receipt of the request.
If the district decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to a hearing.
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 24:05:29 - Confidentiality of information › Section 24:05:29:10 - Opportunity for a hearing

Current through Register Vol. 51, page 10, July 15, 2024
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 privacy or other rights 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 24:05:29 - Confidentiality of information › Section 24:05:29:11 - Hearing procedures

Current through Register Vol. 51, page 10, July 15, 2024
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 student shall be given notice of the date, place, and time 5 days in advance of the hearing;
(2) The hearing may be conducted by any party, including an official of the district, who does not have a direct interest in the outcome of the hearing;
(3) The parent of the student or eligible student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or be represented by individuals of the parent's choice at the parent's own expense, including an attorney;
(4) The district shall make its decision in writing within 30 days after the conclusion of the hearing; and
(5) The decision of the district shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
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 24:05:29 - Confidentiality of information › Section 24:05:29:12 - Result of hearing

Current through Register Vol. 51, page 10, July 15, 2024
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 accordingly and inform the parents in writing.
If, as a result of the hearing, the district decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the parents of the right to place in the records it maintains on the student a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the district.
Any explanation placed in the records of the student under this section must be maintained by the district as part of the records of the student as long as the record or contested portion is maintained by the district. If the records of the student or the contested portion is disclosed by the district to any party, the explanation must also be disclosed to the party.
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 24:05:29 - Confidentiality of information › Section 24:05:29:13 - Consent

Current through Register Vol. 51, page 10, July 15, 2024
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 than meeting a requirement under this chapter, unless the information is contained in education records and the disclosure is authorized without parental consent under FERPA. The district may not release information from education records to participating agencies without parental consent except as follows:
(1) An educational agency or institution may disclose personally identifiable information from the education records of a student without the written consent of the parent of the student or the eligible student if the disclosure is to other school officials, including teachers, within the educational institution or local educational agency who have been determined by the agency or institution to have legitimate educational interests or to officials of another school or school system in which the student seeks or intends to enroll, subject to the requirements set forth in subdivision (2) of this section; and
(2) An educational agency or institution that discloses the education records of a student pursuant to subdivision (1) of this section shall make a reasonable attempt to notify the parent of the student or the eligible student at the last known address of the parent or eligible student, unless the disclosure is initiated by the parent or eligible student.
If the agency or institution includes in its annual notice of parent's rights that it is the policy of the public agency to forward education records on request to a school in which a student seeks or intends to enroll, then the public agency does not have to provide any further notice of the transfer of records.
Notwithstanding the FERPA exceptions for releasing information from education records without parental consent including the annual notice provision, if a student is enrolled, or will enroll in a private school that is not located in the district of the parent's residence, parental consent must be obtained before any personally identifiable information about the student is released between officials in the district where the private school is located and officials in the district of the parent's residence.
An educational agency receiving personally identifiable information from another educational agency or institution may make further disclosures of the information on behalf of the educational agency without the prior written consent of the parent or eligible student if the conditions of subdivisions (1) and (2) of this section are met and if the educational agency informs the party to whom disclosure is made of these 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 24:05:29 - Confidentiality of information › Section 24:05:29:14 - Safeguards

Current through Register Vol. 51, page 10, July 15, 2024
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 the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information must receive training or instruction regarding the provisions of this chapter concerning personally identifiable information.
Each district shall maintain for public inspection a current listing of the names and positions of those employees within the district who may have access to personally identifiable information on students 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 24:05:29 - Confidentiality of information › Section 24:05:29:15 - Destruction of information

Current through Register Vol. 51, page 10, July 15, 2024
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 student.
The information no longer needed must be destroyed at the request of the parents. However, a permanent record of the student's name, address, and phone number, the student's grades, attendance record, classes attended, and grade level completed may be maintained without time limit.
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 24:05:29 - Confidentiality of information › Section 24:05:29:16 - Children's rights

Current through Register Vol. 51, page 10, July 15, 2024
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 into consideration the type or severity of a child's disability.
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 24:05:29 - Confidentiality of information › Section 24:05:29:17 - Enforcement

Current through Register Vol. 51, page 10, July 15, 2024
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. Sanctions for noncompliance include the disapproval of local special education programs and the withholding of state and federal funds.
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 24:05:29 - Confidentiality of information › Section 24:05:29:18 - Notice to parents

Current through Register Vol. 51, page 10, July 15, 2024
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 of the various population groups in the state;
(2) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information, including sources from whom information is gathered, and the uses to be made of the information;
(3) A summary of the policies and procedures which participating agencies must follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information; and
(4) A description of all the rights of parents and children regarding this information, including the rights under 34 C.F.R. Part 99, Family Educational Rights and Privacy Act, as amended to July 1, 2013.
Before any major identification, location, or evaluation activity, the notice shall be published or announced in newspapers or other media, or both, with circulation adequate to notify parents throughout the state of the activity.
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 24:05:29 - Confidentiality of information › Section 24:05:29:19 - Disciplinary information

Current through Register Vol. 51, page 10, July 15, 2024
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 statement to the same extent that the disciplinary information is included in, and transmitted with, the student records of nondisabled children.
The statement may include a description of any behavior engaged in by the child that required disciplinary action, a description of the disciplinary action taken, and any other information that is relevant to the safety of the child and other individuals involved with the child.
Consistent with the above policy, if a child transfers from one school to another, the transmission of any of the childs records shall include both the childs current individualized education program and any statement of current or previous disciplinary action that has been taken against the child.
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 24:05:29 - Confidentiality of information › Section 24:05:29:20 - U.S. department use of personally identifiable information

Current through Register Vol. 51, page 10, July 15, 2024
If the U.S. Department of Education or its authorized representatives collect any personally identifiable information regarding children with disabilities that is not subject to the Family Educational Rights and Privacy Act of 1974, as amended to July 1, 2013, the U.S. secretary shall apply the applicable provisions of 5 U.S.C. 552 a, as amended to July 1, 2013, and the regulations implementing those provisions in 34 C.F.R. part 5b, as amended to July 1, 2013.
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 24:05:30 - Procedural safeguards › Section 24:05:30:01 - General responsibility of school district

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall establish, maintain, and implement procedural safeguards which meet the requirements of this chapter.
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 24:05:30 - Procedural safeguards › Section 24:05:30:02 - Opportunity to examine records

Current through Register Vol. 51, page 10, July 15, 2024
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 inspect and review all education records concerning the identification, evaluation, and educational placement of the child and the provisions of a free appropriate public education to the child.
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 24:05:30 - Procedural safeguards › Section 24:05:30:02.01 - Parent participation in meetings

Current through Register Vol. 51, page 10, July 15, 2024
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 the child and the provision of a free appropriate public education to the child. Each school district shall provide notice consistent with §
									24:05:25:16  to ensure that parents of eligible students be given the opportunity to participate in the meetings described in this article. If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the district shall use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing. A placement decision may be made by a group without parental involvement, if the district is unable to obtain the parent's participation in the decision. The district must have a record of its attempts to ensure parental involvement.
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 24:05:30 - Procedural safeguards › Section 24:05:30:02.02 - Meetings defined

Current through Register Vol. 51, page 10, July 15, 2024
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 plans, or coordination of services provision. In addition, a meeting does not include preparatory activities that school district personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later 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 24:05:30 - Procedural safeguards › Section 24:05:30:04 - Prior notice

Current through Register Vol. 51, page 10, July 15, 2024
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 the child or the provision of a free appropriate public education to the child. The five-day notice requirement may be waived by the 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 24:05:30 - Procedural safeguards › Section 24:05:30:05 - Content of notice

Current through Register Vol. 51, page 10, July 15, 2024
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 other options the IEP team considered and the reasons why those options were rejected;
(2) A description of each evaluation procedure, assessment, record, or report that the district uses as a basis for the proposal or refusal;
(3) A description of any other factors which are relevant to the district's proposal or refusal;
(4) A statement that the parents of a child with a disability have protection under the procedural safeguards of this article and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained; and
(5) Sources for parents to contact to obtain assistance in understanding the provisions of 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 24:05:30 - Procedural safeguards › Section 24:05:30:06 - Form of notice

Current through Register Vol. 51, page 10, July 15, 2024
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 so. If the native language or other mode of communication of the parent is not a written language, the local education agency shall take steps to ensure that the notice is translated orally or by other means to the parent in the parent's native language or other mode of communication, that the parent understands the content of the notice, and that there is written evidence that the requirements in this section have been met.
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 24:05:30 - Procedural safeguards › Section 24:05:30:06.01 - Procedural safeguards notice - Availability

Current through Register Vol. 51, page 10, July 15, 2024
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, except that a copy must also be given to the parent:
(1) Upon initial referral or parental request for evaluation;
(2) Upon request by a parent;
(3) In accordance with the discipline procedures in chapters 24:05:26 and 24:05:26.01; and
(4) Upon receipt of the first state complaint under chapter 24:05:15 and first due process complaint under this chapter in a school year.
A district may place a current copy of the procedural safeguards notice on its internet website if a website exists.
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 24:05:30 - Procedural safeguards › Section 24:05:30:06.02 - Procedural safeguards notice - Contents

Current through Register Vol. 51, page 10, July 15, 2024
The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under this article and the state complaint procedures relating to:
(1) Independent educational evaluation;
(2) Prior written notice;
(3) Parental consent;
(4) Access to educational records;
(5) Opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:
(a) The time period in which to file a complaint;
(b) The opportunity for the district to resolve the complaint; and
(c) The difference between the due process complaint and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:06.03 - Electronic mail

Current through Register Vol. 51, page 10, July 15, 2024
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.
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 24:05:30 - Procedural safeguards › Section 24:05:30:07.01 - Filing a due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
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 the provision of FAPE to the child.
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 24:05:30 - Procedural safeguards › Section 24:05:30:07.02 - Timeline for filing a due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
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 known about the alleged action that forms the basis of the due process complaint.
The timeline described in this section does not apply to a parent if the parent was prevented from filing a due process complaint due to:
(1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the due process complaint; or
(2) The district's withholding of information from the parent that was required under this chapter to be provided to the parent.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08 - Free or low-cost services to parent

Current through Register Vol. 51, page 10, July 15, 2024
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 complaint under this chapter or the parent requests the information.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.01 - Due process complaint notice

Current through Register Vol. 51, page 10, July 15, 2024
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 confidential. The party filing a due process complaint shall forward a copy to the department.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.02 - Content of due process complaint notice

Current through Register Vol. 51, page 10, July 15, 2024
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 child is attending;
(4) In the case of a homeless child or youth, available contact information for the child, and the name of the school the child is attending;
(5) A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and
(6) A proposed resolution of the problem to the extent known and available to the party at the time.
A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements of this section.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.03 - Sufficiency of complaint

Current through Register Vol. 51, page 10, July 15, 2024
The due process complaint required by this chapter is deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within 15 days of receipt of the due process complaint, that the receiving party believes the due process complaint does not meet the requirements in §
									24:05:30:08.02.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.04 - Decision on sufficiency of complaint

Current through Register Vol. 51, page 10, July 15, 2024
Within five days of receipt of the notification under §
									24:05:30:08.03, the hearing officer shall make a determination on the face of the due process complaint of whether the due process complaint meets the requirements of §
									24:05:30:08.02 and shall immediately notify the parties in writing of that determination.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.05 - Amendment to due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
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 complaint through a resolution meeting held under §
									24:05:30:08.09; or
(2) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.
If a party files an amended due process complaint, the timelines for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.06 - District response to due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
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 complaint, the district shall, within ten days of receiving the due process complaint, send to the parent a response that includes:
(1) An explanation of why the district proposed or refused to take the action raised in the due process complaint;
(2) A description of other options that the IEP Team considered and the reasons why those options were rejected;
(3) A description of each evaluation procedure, assessment, record, or report the district used as the basis for the proposed or refused action; and
(4) A description of the other factors that are relevant to the district's proposed or refused action.
A response by the district under this section does not preclude the district from asserting that the parent's due process complaint was insufficient, if appropriate.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.07 - Other party response to due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
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, send to the other party a response that specifically addresses the issues raised in the due process complaint.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.08 - Model forms

Current through Register Vol. 51, page 10, July 15, 2024
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 a school district may not require the use of the model forms.
Parents, school districts, and other parties may use the appropriate model forms described in this section, or another form or other document, if the form or document that is used meets, as appropriate, the content requirements in §
									24:05:30:08.02 for filing a due process complaint, or the requirements in chapter 24:05:15 for filing a state complaint.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.09 - Resolution meeting - Participants

Current through Register Vol. 51, page 10, July 15, 2024
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 a meeting with the parent and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process complaint. The meeting:
(1) Shall include a representative of the district who has decision-making authority on behalf of the district; and
(2) May not include an attorney of the district unless the parent is accompanied by an attorney.
The parent and district shall determine the relevant members of the IEP team to attend the 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 24:05:30 - Procedural safeguards › Section 24:05:30:08.10 - Resolution meeting - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the district has the opportunity to resolve the dispute that is the basis for the due process complaint.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.11 - Resolution meeting - Waive or mediate

Current through Register Vol. 51, page 10, July 15, 2024
The resolution meeting need not be held if:
(1) The parent and the district agree in writing to waive the meeting; or
(2) The parent and the district agree to use the mediation process described in this chapter.
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 24:05:30 - Procedural safeguards › Section 24:05:30:08.12 - Resolution period - General

Current through Register Vol. 51, page 10, July 15, 2024
If the district has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.
Except as provided in §
									24:05:30:08.14, the timeline for issuing a final decision in a due process hearing begins at the expiration of the 30-day period.
Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding the above two paragraphs, the failure of the parent filing a due process complaint to participate in the resolution meeting delays the timelines for the resolution process and due process hearing until the meeting is held.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.