reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:04 - Diagnostic criteria for autism spectrum disorder

Current through Register Vol. 51, page 10, July 15, 2024
The criteria in the manual, section two, pages fifty to fifty-one, inclusive, shall be used for diagnosing autism spectrum disorder. An autism spectrum disorder is present in a student if a student expresses all three of the characteristics from subdivision (1), at least two characteristics from subdivision (2), and all of the characteristics in subdivision (3) through (5), inclusive:
(1) Persistent deficits in social communication and social interaction across multiple contests, as manifested by the following:
(a) Deficits in social-emotional reciprocity as referenced in the manual;
(b) Deficits in non-verbal communicative behaviors used for social interaction as referenced in the manual; and
(c) Deficits in developing, maintaining, and understanding relationships as referenced in the manual;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:04.01 - Evaluation report and documentation for autism spectrum disorder

Current through Register Vol. 51, page 10, July 15, 2024
The evaluation report and documentation of eligibility for autism spectrum disorder must:
(1) Be provided to the parent at no cost;
(2) Address each of the criteria referenced in section 24:05:24.01:04; and
(3) For criteria in section 24:05:24.01:04(1) and (2), address the severity level of social communication impairments and restricted, repetitive patterns of behavior as referenced on page fifty-two, table two of the manual.
General Authority:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Law Implemented:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-1.2,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), American Psychiatric Association, section two, page fifty-two, table 2. The materials are available for viewing at the South Dakota Department of Education, 800 Governors Drive, Pierre, South Dakota. Copies of portions of the manual referenced in §§ 24:05:24.01:03 to 24:05:24.01:05, inclusive, can be obtained at
http://www.autismspeaks.org/what-autism/diagnosis/dsm-5-diagnostic-criteria
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:05 - Evaluation team for autism spectrum disorder

Current through Register Vol. 51, page 10, July 15, 2024
When evaluating a student for autism spectrum disorder, a LEA shall use a multidisciplinary team or group of persons who are trained and experienced in the diagnosis and educational evaluation of persons with autism spectrum disorder.
General Authority:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Law Implemented:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-1.2,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:07 - Deaf-blindness defined

Current through Register Vol. 51, page 10, July 15, 2024
Deaf-blindness means concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:08 - Deafness defined

Current through Register Vol. 51, page 10, July 15, 2024
Deafness is a hearing loss that is so severe that the student is impaired in processing linguistic information through hearing, even with amplification, and that adversely affects a student's educational performance.
A student may be identified as deaf if the unaided hearing loss is in excess of 70 decibels and precludes understanding of speech through the auditory mechanism, even with amplification, and the student demonstrates an inability to process linguistic information through hearing, even with amplification.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:09 - Developmental delay defined

Current through Register Vol. 51, page 10, July 15, 2024
A student three years old up to nine years old may be identified as a student with a disability if the student has one of the major disabilities listed in § 24:05:24.01:01 or if the student experiences a severe delay in development and needs special education and related services.
A student with a severe delay in development functions at a developmental level two or more standard deviations below the mean in any one area of development specified in this section or 1.5 standard deviations below the mean in two or more areas of development.
The areas of development are cognitive development, physical development, communication development, social or emotional development, and adaptive development.
A LEA must conform to both the department's definition of the term and to the age range that has been adopted by the department.
A LEA shall ensure that all of the student's special education and related services needs that have been identified through the evaluation procedures described under chapter 24:05:25 are appropriately addressed.
General Authority:
SDCL  13-37-1.1,  13-37-52.
Law Implemented:
SDCL  13-37-1.1,  13-37-52.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:10 - Hearing loss defined

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as having a hearing loss if an unaided hearing loss of 35 to 69 decibels is present that makes the acquisition of receptive and expressive language skills difficult with or without the help of amplification.
General Authority:
SDCL  13-1-12.1,  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:11 - Cognitive disability defined

Current through Register Vol. 51, page 10, July 15, 2024
Cognitive disability is significantly below-average general intellectual functioning that exists concurrently with deficits in adaptive behavior skills, that is generally manifested before age eighteen, and that adversely affects a student's educational performance. The required evaluative components for identifying a student with a cognitive disability are as follows:
(1) General intellectual functioning two standard deviations or more below the mean as determined by the full scale score on an individual cognitive evaluation, plus or minus standard error of measurement, as determined in accordance with §
									24:05:25:04; and
(2) Exhibits deficits in adaptive behavior and academic or preacademic skills as determined by an individual evaluation in accordance with §
									24:05:25:04.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:12 - Multiple disabilities defined

Current through Register Vol. 51, page 10, July 15, 2024
Multiple disabilities means concomitant impairments (such as a cognitive disability-blindness or a cognitive disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. Multiple disabilities does not include deaf-blindness.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:13 - Orthopedic impairment defined

Current through Register Vol. 51, page 10, July 15, 2024
Orthopedic impairment means a severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).
There must be evidence of the following:
(1) That the student's impaired motor functioning interferes with educational performance;
(2) That the student exhibits deficits in muscular or neuromuscular functioning that significantly limit the student's ability to move about, sit, or manipulate materials required for learning;
(3) That the student's bone, joint, or muscle problems affect ambulation, posture, or gross and fine motor skills; and
(4) That current medical data by a qualified medical evaluator describes and confirms an orthopedic impairment.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:14 - Other health impaired defined

Current through Register Vol. 51, page 10, July 15, 2024
Other health impaired means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment, because of a chronic or acute health problem, such as a heart condition, tuberculosis, rheumatic fever, nephritis, asthma, attention deficit disorder or attention deficit hyperactivity disorder, sickle cell anemia, hemophilia, epilepsy, lead poisoning, leukemia, Tourette syndrome, or diabetes, that adversely affects a student's educational performance.
Adverse effects in educational performance must be verified through the full and individual evaluation procedures as provided in §
									24:05:25:04.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:15 - Prolonged assistance defined

Current through Register Vol. 51, page 10, July 15, 2024
Children from birth through two may be identified as being in need of prolonged assistance if, through a multidisciplinary evaluation, they score two standard deviations or more below the mean in two or more of the following areas: cognitive development, physical development including vision and hearing, communication development, social or emotional development, and adaptive development.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:16 - Emotional behavioral disability defined

Current through Register Vol. 51, page 10, July 15, 2024
Emotional behavioral disability is a condition that exhibits one or more of the following characteristics to a marked degree over a long period of time:
(1) An inability to learn that cannot be explained by intellectual, sensory, or health factors;
(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;
(3) Inappropriate types of behavior or feelings under normal circumstances;
(4) A general pervasive mood of unhappiness or depression; or
(5) A tendency to develop physical symptoms or fears associated with personal or school problems.
The term, Emotional behavioral disability, includes schizophrenia.
The term does not apply to a student who is socially maladjusted unless the IEP team determines pursuant to § 24:05:24.01:17 that the student has an Emotional behavioral 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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:17 - Criteria for emotional behavioral disability

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as having an emotional behavioral disability if the following requirements are met by history or current:
(1) The student demonstrates serious behavior problems over a long period of time, generally at least six months, with documentation from than one source of the frequency and severity of the targeted behaviors;
Symptoms cause clinically significant impairment in social, emotional, behavioral, occupational, or other areas; and
(3) An adverse effect on educational performance is verified through the full and individual evaluation procedures as provided in §
									24:05:25:04.
A student may not be identified as having an emotional behavioral disability. if common disciplinary problem behaviors, such as truancy, smoking, or breaking LEA policy, are the sole criteria for determining the existence of an emotional behavioral disability.
General Authority:
SDCL  13-37-1.1,  13-37-52.
Law Implemented:
SDCL  13-37-1.1,  13-37-52
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:18 - Specific learning disability defined

Current through Register Vol. 51, page 10, July 15, 2024
Specific learning disability is a disorder in one or more of the basic psychological processes involved in understanding or in using spoken or written language that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not apply to students who have learning problems that are primarily the result of visual, hearing, or motor disabilities; cognitive disability; emotional behavioral disability; or environmental, cultural, or economic disadvantage.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:19 - Criteria for specific learning disability

Current through Register Vol. 51, page 10, July 15, 2024
A group of qualified professionals and the parent of the child may determine that a child has a specific learning disability if:
(1) The child does not achieve adequately for the child's age or does not meet state-approved grade-level standards in one or more of the following areas, if provided with learning experiences and instruction appropriate for the child's age or state-approved grade-level standards:
(a) Oral expression;
(b) Listening comprehension;
(c) Written expression;
(d) Basic reading skill;
(e) Reading fluency skills;
(f) Reading comprehension;
(g) Mathematics calculation; and
(h) Mathematics problem solving;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:20 - Speech or language disorder defined

Current through Register Vol. 51, page 10, July 15, 2024
Speech or language impairment is a communication disorder such as stuttering, impaired articulation, a language disorder, or a voice disorder that adversely affects a child's educational performance.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:21 - Articulation disorder defined

Current through Register Vol. 51, page 10, July 15, 2024
Articulation disorders include all non-maturational speech deviations based primarily on incorrect production of speech sounds. Articulation disorders include omissions, substitutions, additions, or distortions of phonemes within words. Articulation patterns that can be attributed to cultural or ethnic background are not disabilities.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:22 - Criteria for articulation disorder

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as having an articulation disorder if one of the following criteria exist:
(1) Performance on a standardized articulation test falls two standard deviations below the mean and intelligibility is affected in conversation;
(2) Test performance is less than two standard deviations below the mean but the student is judged unintelligible by the speech and language clinician and one other adult;
(3) Performance on a phonological assessment falls in the profound or severe range and intelligibility is affected in conversation;
(4) Performance on a phonological assessment falls in the moderate range, intelligibility is affected in conversation, and during a tracking period of between three and six months there was a lack of improvement in the number and type of errors; or
(5) An error persists six months to one year beyond the chronological age when 90 percent of students have typically acquired the sound based on developmental articulation norms.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:23 - Fluency disorder defined

Current through Register Vol. 51, page 10, July 15, 2024
A fluency disorder is an interruption in the flow of speaking characterized by atypical rate, rhythm, and repetitions in sounds, syllables, words, and phrases. This may be accompanied by excessive tension, struggle behavior, and secondary mannerisms.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:24 - Criteria for fluency disorder

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as having a fluency disorder if:
(1) The student consistently exhibits one or more of the following symptomatic behaviors of dysfluency:
(a) Sound, syllable, or word repetition;
(b) Prolongations of sounds, syllables, or words;
(c) Blockages; or
(d) Hesitations.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:25 - Voice disorder defined

Current through Register Vol. 51, page 10, July 15, 2024
A voice disorder occurs when voice quality, pitch, and loudness differ or are inappropriate for an individual's age, gender, cultural background, or geographic location.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:26 - Criteria for voice disorder

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as having a voice disorder if:
(1) Consistent deviations exist in one or more of the parameters of voice: pitch, quality, or volume;
(2) The voice is discrepant from the norm for age, gender, or culture and is distracting to the listener; and
(3) The disorder is not the result of a temporary problem, such as normal voice changes, allergies, colds, or similar conditions.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:27 - Language disorder defined

Current through Register Vol. 51, page 10, July 15, 2024
A language disorder is a reduced ability, whether developmental or acquired, to comprehend or express ideas through spoken, written, or gestural language. The language disorder may be characterized by limited vocabulary, an inability to function through the use of words (pragmatics) and their meanings (semantics), faulty grammatical patterns (syntax and morphology), or the faulty reproduction of speech sounds (phonology). A language disorder may have a direct or indirect effect on a student's cognitive, social, emotional, or educational development or performance and deviates from accepted norms. The term language disorder does not include students whose communication problems result solely from a native language other than English or from their dialectal differences.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:28 - Criteria for language disorder

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as having a language disorder as a primary disability if:
(1) Through age eight, performance falls 1.5 standard deviations below the mean on standardized evaluation instruments; beginning at age nine, a difference is present of 1.5 standard deviations between performance on an individually administered standardized language assessment instrument and measured expected potential as measured by an individually administered intelligence test; and
(2) The student's pragmatic skills, as measured by checklists, language samples, or observation, adversely affect the student's academic and social interactions.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:29 - Traumatic brain injury defined

Current through Register Vol. 51, page 10, July 15, 2024
A traumatic brain injury is an acquired injury to the brain caused by an external physical force, resulting in a total or partial functional disability or psychosocial impairment, or both, that adversely affects a student's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. The term does not apply to brain injuries that are congenital or degenerative, or brain injuries induced by birth trauma.
Adverse effects in educational performance must be verified through the full and individual evaluation procedures as provided in §
									24:05:25:04.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:30 - Vision loss including blindness defined

Current through Register Vol. 51, page 10, July 15, 2024
Vision loss including blindness is an impairment in vision that, even with correction, adversely affects a student's educational performance. The term includes both partial sight and blindness.
A student with a vision loss has a deficiency in visual acuity that, even with the use of lenses or corrective devices, requires special education or special education and related services.
Partial sight is one or more deficiencies in visual acuity, as follows:
(1) Visual acuity of no better than 20/70 in the better eye after correction;
(2) Restricted visual field;
(3) Limited ability to move about safely in the environment because of visual disability.
Blindness is a deficiency in visual acuity of 20/200 or less in the better eye with correcting lenses or a limited field of vision in which the widest diameter subtends an angular distance of no greater than twenty degrees or has a medically indicated expectation of visual deterioration.
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 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:31 - IEP team override

Current through Register Vol. 51, page 10, July 15, 2024
If the IEP team determines that a student is eligible for special education or special education and related services because the student has a disability and needs special education even though the student does not meet specific requirements in this chapter, the IEP team must include documentation in the record as follows:
(1) The record must contain documents that explain why the standards and procedures that are used with the majority of students resulted in invalid findings for this student;
(2) The record must indicate what objective data were used to conclude that the student has a disability and is in need of special education. These data may include test scores, work products, self-reports, teacher comments, previous tests, observational data, and other developmental data;
(3) Since the eligibility decision is based on a synthesis of multiple data and not all data are equally valid, the team must indicate which data had the greatest relative importance for the eligibility decision; and
(4) The IEP team override decision must include a sign-off by the IEP team members agreeing to the override decision. If one or more IEP team members disagree with the override decision, the record must include a statement of why they disagree signed by those members.
The LEA director of special education shall keep a list of students on whom the IEP team override criteria were used to assist the state in evaluating the adequacy of student identification criteria.
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 24:05:25:01 - Evaluation, consent, eligibility, and placement procedures required

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall establish and implement procedures which meet the requirements of this chapter, including nondiscriminatory practices, parental consent, initial evaluation, evaluation procedures, eligibility procedures, placement procedures, and reevaluation.
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 24:05:25:02 - Nondiscriminatory practices

Current through Register Vol. 51, page 10, July 15, 2024
Assessments and other evaluation materials used for the purpose of evaluation and placement of children with disabilities must be selected and administered so as not to be racially or culturally discriminatory.
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 24:05:25:02.01 - Parental consent for initial evaluation

Current through Register Vol. 51, page 10, July 15, 2024
Any school district proposing to conduct an initial evaluation to determine whether a child qualifies as a child with a disability shall, after providing notice consistent with chapter 24:05:30, obtain informed consent from the parent of the child before conducting the evaluation.
Parental consent for initial evaluation may not be construed as consent for initial provision of special education and related services.
The school district shall make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability.
To meet the reasonable efforts requirement in this section, the district shall document its attempts to obtain parental consent using the procedures in §
									24:05:25:17.
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 24:05:25:02.02 - Consent for ward of the state

Current through Register Vol. 51, page 10, July 15, 2024
For initial evaluations only, if the child is a ward of the state and is not residing with the child's parent, the school district is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if:
(1) Despite reasonable efforts to do so, the district cannot discover the whereabouts of the parent of the child;
(2) The rights of the parents of the child have been terminated in accordance with state law; or
(3) The rights of the parent to make educational decisions have been subrogated by a judge in accordance with state law and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.
To meet the reasonable efforts requirement in this section, the district shall document its attempts to obtain parental consent using the procedures in §
										24:05:25:17.
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 24:05:25:02.03 - Use of procedural safeguards to obtain parental consent

Current through Register Vol. 51, page 10, July 15, 2024
If the parent of a child enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation under this section, or the parent fails to respond to a request to provide consent, the district may, but is not required to, pursue the initial evaluation of the child by using the procedural safeguards in this article, including the mediation procedures or the due process procedures, if appropriate, except to the extent inconsistent with state law relating to such parental consent.
The school district does not violate its obligation under child find in this article and the requirements in this chapter regarding parental consent, evaluation, and reevaluation if the district declines to pursue the evaluation.
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 24:05:25:02.04 - Other consent requirements

Current through Register Vol. 51, page 10, July 15, 2024
Other consent requirements include the following:
(1) Parental consent is not required before:
(a) Reviewing existing data as part of an evaluation or a reevaluation; or
(b) Administering a test or other evaluation that is administered to all children unless, before administration of the that test or evaluation, consent is required of parents of all children;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:03 - Preplacement evaluation

Current through Register Vol. 51, page 10, July 15, 2024
Before any action is taken concerning the initial placement of a child with disabilities in a special education program, a full and individual initial evaluation of the child's educational needs must be conducted in accordance with the requirements of this chapter. Initial evaluations must be completed within 25 school days after receipt by the district of signed parent consent to evaluate unless other timelines are agreed to by the school administration and the parents.
Written evaluation reports, determination of eligibility, and conducting an IEP team meeting must be completed within 30 days from the end of the 25 school day evaluation timeline. If another timeline for completing the evaluation process is agreed to by the parent and school administration, the written evaluation reports, determination of eligibility, and conducting an IEP team meeting must be completed within 30 days from the end of agreed upon evaluation timeline.
Consistent with the consent requirements in this section, either a parent of a child or a school district may initiate a request for an initial evaluation to determine whether the child is a child with a disability.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Procedural safeguards, ch 24:05:30.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:03.01 - Evaluation defined

Current through Register Vol. 51, page 10, July 15, 2024
Evaluation means the procedures used in accordance with this chapter to determine whether a child is a child with a disability and to determine the nature and extent of the special education and related services that the child needs.
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 24:05:25:03.02 - Exception to initial evaluation timeline

Current through Register Vol. 51, page 10, July 15, 2024
The timeline described in §
									24:05:25:03  does not apply to a school district if:
(1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
(2) A child enrolls in a school of another school district after the relevant timeline in §
									24:05:25:03  has begun, and before a determination by the child's previous school district as to whether the child is a child with a disability.
The exception in this section applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed.
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 24:05:25:03.03 - Screening for instructional purposes

Current through Register Vol. 51, page 10, July 15, 2024
The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is not considered to be an evaluation for eligibility for 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 24:05:25:03.04 - Evaluation procedures - Notice

Current through Register Vol. 51, page 10, July 15, 2024
The school district shall provide notice to the parents of a child with a disability, in accordance with this article, that describes any evaluation procedures the district proposes to 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 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:04 - Evaluation procedures - General

Current through Register Vol. 51, page 10, July 15, 2024
School districts shall ensure, at a minimum, that evaluation procedures include the following:
(1) Assessments and other evaluation materials are provided and administered in the child's native language or by another mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer. In addition, assessments and other evaluation materials:
(a) Are used for the purposes for which the assessments or measures are valid and reliable; and
(b) Are administered by trained and knowledgeable personnel in conformance with the instructions provided by their producer;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:04.01 - Braille assessment factors

Current through Register Vol. 51, page 10, July 15, 2024
The following age-appropriate factors must be considered when conducting a reading and writing assessment of the student to determine whether or not Braille instruction must begin or continue:
(1) Reading readiness;
(2) Functional reading skills including reading level, print size, reading rate, comprehension, and stamina;
(3) Functional writing skills;
(4) Prognosis of eye condition for change in visual status;
(5) Functional communication skills and primary language of communication;
(6) Functional visual abilities; and
(7) Tactile discrimination.
General Authority:
SDCL  13-37-31.
Law Implemented:
SDCL  13-37-30.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:04.02 - Determination of needed evaluation data

Current through Register Vol. 51, page 10, July 15, 2024
As part of an initial evaluation, if appropriate, and as part of any reevaluation, the individual education program team required by §
									24:05:27:01.01 and other qualified professionals as appropriate with knowledge and skills necessary to interpret evaluation data, shall:
(1) Review existing evaluation data on the child, including:
(a) Evaluations and information provided by the parents of the child;
(b) Current classroom-based local or state assessments and observations; and
(c) Observations by teachers and related services providers; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:04.03 - Determination of eligibility

Current through Register Vol. 51, page 10, July 15, 2024
Upon completing the administration of assessments and other evaluation measures as required by this chapter, the individual education program team and other qualified individuals required by §
									24:05:25:04.02 shall determine whether the student is a student with a disability, and shall determine the educational needs of the child, as defined in this article. The school district shall provide a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent. A student may not be determined to be a student with a disability if the determinant factor for that decision is lack of appropriate instruction in reading, including the essential components of reading instruction as defined in ESSA, or lack of appropriate instruction in math or limited English proficiency and if the student does not otherwise meet the eligibility criteria under chapter § 24:05:24.01.
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 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:05 - Eligibility and placement procedures

Current through Register Vol. 51, page 10, July 15, 2024
In interpreting evaluation data for the purpose of determining eligibility and determining the educational needs of the child, in making placement decisions, including decisions regarding preschool children, each school district shall do the following:
(1) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;
(2) Ensure that information obtained from all of these sources is documented and carefully considered;
(3) Ensure that the placement decision is made by a group of persons, including persons knowledgeable about the child, the meaning of the evaluation data, and the placement options;
(4) Ensure that the placement decision is made in conformity with the least restrictive environment rules in chapter 24:05:28; and
(5) Ensure that the parents of each child with a disability are members of any group that makes decisions on the educational placement of their child.
If a determination is made that a child is disabled and needs special education and related services, an individual education program must be developed for the child in accordance with 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 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:06 - Reevaluations

Current through Register Vol. 51, page 10, July 15, 2024
A school district shall ensure that a reevaluation of each child with a disability is conducted in accordance with this chapter if the school district determines that the educational or related service needs, including improved academic achievement and functional performance, of the child warrant a reevaluation or if the child's parents or teacher requests a reevaluation.
A reevaluation conducted under this section may occur not more than once a year, unless the parent and district agree otherwise, and must occur at least once every three years, unless the parent and the district agree that a reevaluation is unnecessary.
Reevaluations must be completed within 25 school days after receipt by the district of signed consent to reevaluate unless other time limits are agreed to by the school administration and the parents consistent with §
									24:05:25:03.
Each school district shall follow the procedures under §
									24:05:25:04.02 when reevaluating a student for the additional purposes of:
(1) Determining whether the child continues to have a disability and determining the educational needs of the child;
(2) Determining the present levels of academic achievement and related developmental needs of the child;
(3) Determining whether the child continues to need special education and related services; and
(4) Determining whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP and to participate, as appropriate, in the general education curriculum.
If no additional data are needed to determine continuing eligibility and the child's educational needs, the district shall notify the parents of that determination and reasons for it and of the right of the parent to request an assessment, for purposes of determining the child's educational needs under this article, and to determine continuing eligibility. The school district is not required to conduct an assessment unless requested to do so by the child's parents. However, a school district shall follow the procedures in this chapter before determining that the child is no longer a child with a disability. The evaluation procedures described in this chapter are not required before the termination of a child's eligibility under this article due to graduation from secondary school with a regular high school diploma, or exceeding the age eligibility for FAPE.
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 24:05:25:06.01 - Consent for reevaluation

Current through Register Vol. 51, page 10, July 15, 2024
Before conducting a reevaluation of an eligible child, parental consent is required, unless:
(1) The school district can demonstrate that it has taken reasonable measures to obtain consent, and the child's parent has failed to respond; and
(2) The school district documents its efforts to obtain consent by using the procedures consistent with §
									24:05:25:17.
If the parent refuses to consent to the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the consent override procedures described in chapter 24:05:30 including mediation and due process hearing procedures.
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 24:05:25:07 - Additional procedures for evaluating specific learning disabilities

Current through Register Vol. 51, page 10, July 15, 2024
In order for a school district to certify a child as learning disabled for purposes of the federal child count, requirements in §§ 24:05:24.01:19 and 24:05:25:08 to 24:05:25:13, inclusive, must be met and documented in a child's record.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Child count, ch 24:05:17.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:25 - Evaluation, consent, and placement procedures › Section 24:05:25:08 - Additional group members for specific learning disabilities

Current through Register Vol. 51, page 10, July 15, 2024
The determination of whether a child suspected of having a specific learning disability is a child with a disability shall be made by the child's parents and a team of qualified professionals, which shall include:
(1) The child's regular teacher;
(2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of that age;
(3) If the child is less than school age, an individual certified by the department to teach a child of that age; and
(4) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, remedial reading teacher, or special education teacher.
General Authority:
SDCL  13-1-12.1,  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 24:05:25:11 - Observation for specific learning disabilities

Current through Register Vol. 51, page 10, July 15, 2024
The school district shall ensure that the child is observed in the child's learning environment, including the regular classroom setting, to document the child's academic performance and behavior in the areas of difficulty.
The group described in this section, in determining whether a child has a specific learning disability, shall:
(1) Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation, as in a response to intervention model; or
(2) Have at least one member of the group conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with this chapter, is obtained, as in a discrepancy model.
If a child is less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.