reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:15 - State complaints › Section 24:05:15:07 - Information about complaint procedures

Current through Register Vol. 51, page 10, July 15, 2024
The department's special education programs shall inform parents and other interested individuals, including parent training centers, protection and advocacy agencies, independent living centers, and other appropriate entities about the state's complaint procedures by taking the following actions:
(1) Conducting parent surveys through the state's monitoring process;
(2) Providing copies of the state's procedures to parent and advocacy groups across the state;
(3) Notifying local school districts through statewide memoranda;
(4) Presenting state procedures at statewide conferences; and
(5) Disseminating copies to parent training and information centers, independent living centers, protection and advocacy agencies, and other appropriate entities.
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 24:05:15 - State complaints › Section 24:05:15:08 - Complaints and due process hearings

Current through Register Vol. 51, page 10, July 15, 2024
If a written complaint is received that is also the subject of a due process hearing under this article or contains multiple issues, of which one or more are part of that hearing, the department shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in this chapter.
If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties the hearing decision is binding on that issue and the department shall inform the complainant to that effect. A complaint alleging a school district's failure to implement a due process decision must be resolved by the department.
General Authority:
SDCL  13-37-1.
Law Implemented:
SDCL  13-37-1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:16 - Personnel development and qualifications › Section 24:05:16:05 - Staff development component in school district's comprehensive plan

Current through Register Vol. 51, page 10, July 15, 2024
The staff development section of each school district's comprehensive plan shall include information to demonstrate that:
(1) All personnel necessary to carry out Part B of the Individuals with Disabilities Education Act within the jurisdiction of the district are appropriately and adequately prepared; and
(2) District policies and procedures are consistent with the requirements of this chapter and the federal Every Student Succeeds Act, as amended on December 10, 2015.
Each school district shall take measurable steps to recruit, hire, train, and retain qualified personnel to provide special education and related services under this article to children with 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 24:05:16 - Personnel development and qualifications › Section 24:05:16:16 - Personnel qualifications

Current through Register Vol. 51, page 10, July 15, 2024
To ensure that all personnel necessary to carry out the purposes of Part B and Part C of the Individuals with Disabilities Education Act are appropriately and adequately prepared and trained, including ensuring that those personnel have the content knowledge and skills to serve children with disabilities, the department shall determine that all personnel providing special education or related services, including related services, paraprofessionals and assistants, early intervention, and early childhood personnel, perform these functions under state-approved or state-recognized certification or licensure or other comparable requirements that apply to the area in which the person is providing special education or related services. The department shall ensure that related services personnel who deliver services in their discipline or profession meet the requirements of this section and have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.
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 24:05:16 - Personnel development and qualifications › Section 24:05:16:16.01 - Paraprofessionals and assistants

Current through Register Vol. 51, page 10, July 15, 2024
Paraprofessionals and assistants who are appropriately trained and supervised in accordance with this section may be used to assist in the provision of special education and related services to children with disabilities under Part B of the Individuals with Disabilities Education Act. At a minimum, the following standards must be met:
(1) Paraprofessionals must have a high school diploma or GED;
(2) Paraprofessionals must work within defined roles and responsibilities as identified by the school district;
(3) Paraprofessionals must work under the supervision of, and be evaluated by, certified staff; and
(4) Each school district must describe the training to be provided paraprofessionals in the staff development component of the district's comprehensive plan under §
									24:05:16:05.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:16 - Personnel development and qualifications › Section 24:05:16:16.03 - Requirements for qualified special education teachers - Teaching core academic subjects

Current through Register Vol. 51, page 10, July 15, 2024
For any public elementary or secondary school special education teacher teaching core academic subjects, the term, qualified, has the meaning given the term in ESSA, except that the requirements for qualified also include:
(1) The requirements described in §
									24:05:16:16.04; and
(2) The option for teachers to meet the requirements of ESSA by meeting the requirements of §§
									24:05:16:16.05 and 24:05:16:16.06.
The requirements in this section do not apply to teachers hired by private elementary schools or secondary schools, including private school teachers hired or contracted by school districts to provide equitable services to parentally-placed private school children with disabilities under chapter 24:05:32.
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 24:05:16 - Personnel development and qualifications › Section 24:05:16:16.04 - Requirements for qualified special education teachers - General

Current through Register Vol. 51, page 10, July 15, 2024
For any public elementary school or secondary school special education teacher teaching in South Dakota, being qualified requires that:
(1) The teacher has obtained full state certification as a special education teacher, or passed the state special education teacher licensing examination, and holds a license to teach in the state as a special education teacher;
(2) The teacher has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and
(3) The teacher holds at least a bachelor's degree.
Any public elementary school or secondary school special education teacher teaching in the state who is not teaching a core academic subject is qualified if the teacher meets the requirements in 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 24:05:16 - Personnel development and qualifications › Section 24:05:16:16.05 - Requirements for qualified special education teachers - Teaching to alternate achievement standards

Current through Register Vol. 51, page 10, July 15, 2024
For any special education teacher who teaches core academic subjects exclusively to children who are assessed against alternate achievement standards, being qualified means the teacher, whether new or not new to the profession, may either:
(1) Meet the applicable requirements of the ESSA for any elementary, middle, or secondary school teacher who is new or not new to the profession; or
(2) Meet the requirements of the ESSA as applied to an elementary school teacher, or, in the case of instruction above the elementary level, meet the requirements of the ESSA as applied to an elementary school teacher and have subject matter knowledge appropriate to the level of instruction being provided and needed to effectively teach to those standards, as determined by the state.
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 24:05:16 - Personnel development and qualifications › Section 24:05:16:16.06 - Requirements for qualified special education teachers - Teaching multiple subjects

Current through Register Vol. 51, page 10, July 15, 2024
For any special education teacher, who teaches two or more core academic subjects exclusively to children with disabilities, being qualified means that the teacher may either:
(1) Meet the applicable requirements of the ESSA;
(2) Meet the applicable certification requirements of ARSD 24:28.
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 24:05:16 - Personnel development and qualifications › Section 24:05:16:16.07 - Right of action

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding any other individual right of action that a parent or student may maintain under this article, nothing in this article creates a right of action on behalf of any individual student or class of students for the failure of a particular state or school district employee to be qualified, or to prevent a parent from filing a complaint under chapter 24:05:15 about staff qualifications with the department as provided under 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 24:05:16 - Personnel development and qualifications › Section 24:05:16:19 - Early childhood special education teacher

Current through Register Vol. 51, page 10, July 15, 2024
A school district that is operating an early childhood special education program must employ a teacher who meets all the requirements of §§
									24:28:19:02, 24:28:20:02, 24:28:21:02, 24:28:22:02, 24:28:23:03, 24:28:24:02, or 24:28:25:03.
General Authority:
SDCL  13-1-12.1
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:16 - Personnel development and qualifications › Section 24:05:16:20 - Employment and advancement of qualified individuals with disabilities

Current through Register Vol. 51, page 10, July 15, 2024
Each recipient of assistance under Part B of the IDEA must make positive efforts to employ, and advance in employment, qualified individuals with disabilities in programs assisted under Part B of the IDEA.
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 24:05:17 - Child count › Section 24:05:17:01 - State-wide coordination of child find and data collection activities

Current through Register Vol. 51, page 10, July 15, 2024
The Office of Educational Services and Supports, through its special education programs, is the state agency responsible for coordinating the planning and implementation of state-wide child find and data collection activities. Child identification procedures are a required component in each school district's comprehensive plan for special education. The district shall provide information in the form required by the office's special education programs
This process combined with the state's federal child count procedures serve as the basis for developing the child identification system for the Individuals with Disabilities Education Act, Part B. These procedures are extended to agencies other than school districts through the use of interagency agreements.
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 24:05:17 - Child count › Section 24:05:17:02 - Federal child count procedures under Part B of the Individuals with Disabilities Education Act

Current through Register Vol. 51, page 10, July 15, 2024
The Office of Educational Services and Supports, through its special education programs, shall do the following:
(1) Direct local educational agencies and other educational institutions to count the number of children with disabilities receiving special education and related services at the time specified by the U.S. secretary of education on forms provided;
(2) Obtain certification from each agency and institution that an unduplicated and accurate count has been made;
(3) Aggregate the data from the count obtained from each agency and institution and prepare the reports required under chapter 24:05:17; and
(4) Ensure that documentation is maintained which enables the state and the U. S. secretary of education to audit the accuracy of the count.
The data required by the U.S. secretary of education shall be publicly reported by the department in a manner that does not result in disclosure of personally identifiable child data.
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 24:05:17 - Child count › Section 24:05:17:03 - Annual report of children served

Current through Register Vol. 51, page 10, July 15, 2024
In its annual report of children served, the department shall indicate the number of children with disabilities receiving special education and related services on December 1 of that school year;
For the purpose of this section, a child's age is the child's actual age on the date of the child count, December 1.
The department may not report a child under more than one disability category.
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 24:05:17 - Child count › Section 24:05:17:04 - Reporting of multiple disabilities

Current through Register Vol. 51, page 10, July 15, 2024
The department shall report a child with deaf-blindness under the category deaf-blindness unless the child is reported as having a developmental delay. The department shall report a child who has more than one disability, other than deaf-blindness, under the category multiple disabilities.
The department shall include in its report a certification signed by the secretary that the information provided is an accurate and unduplicated count of children with disabilities receiving special education and related services on the dates in question.
General Authority:
SDCL 13-37-1.1.
Law Implemented:
SDCL 13-37-1.1.
Definition of "deaf-blindness,"34 C.F.R. §
												300.8 (c)(2) effective August 14, 2006.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:17 - Child count › Section 24:05:17:05 - Children included in report

Current through Register Vol. 51, page 10, July 15, 2024
The department may include children with disabilities in its report who are enrolled in a school or program which is operated or supported by a public agency and which either provides them with both special education and related services or provides them only with special education, if a related service is not required, that meet state standards.
In the case of children with disabilities enrolled by their parents in private schools, the public agency provides them with special education or related services, or both, consistent with chapter 24:05:32 that meet state standards.
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 24:05:17 - Child count › Section 24:05:17:08 - Written notice provided by Office of Data Collection

Current through Register Vol. 51, page 10, July 15, 2024
The Office of Data Collection shall provide all local education agencies with written notice of the procedures to be followed in counting the number of eligible children receiving special education and related services under the Individuals with Disabilities Education Act, Part B.
At a minimum, this notice shall include the federal definitions of children with disabilities under the Individuals with Disabilities Education Act, Part B, and the criteria for counting children with disabilities as set out in chapter 24:05:17.
General Authority:
SDCL 13-37-1.1.
Law Implemented:
SDCL 13-37-1.1.
34 C.F.R. §§
												300.8 and 300.645, August 14, 2006.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:17 - Child count › Section 24:05:17:09 - Return of information

Current through Register Vol. 51, page 10, July 15, 2024
Local education agencies shall return information on counting eligible children to the Office of Data Collection. Each local school superintendent shall certify in writing that the information provided is an accurate and unduplicated count of children with disabilities receiving special education or special education and related services on December 1 of each school year. If December 1 falls on Saturday or Sunday, the count shall be taken on the first working day following the weekend.
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 24:05:17 - Child count › Section 24:05:17:10 - Overidentification and disproportionality

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide for the collection and examination of data to determine whether any inappropriate overidentification or significant disproportionality based on race and ethnicity is occurring in the state and in districts of the state with respect to:
(1) The identification of children as children with disabilities, including the identification of children as children with disabilities in accordance with a particular impairment described in chapter 24:05:24.01;
(2) The placement in particular educational settings of these children; and
(3) The incidence, duration, and type of disciplinary actions, including suspensions and expulsions.
In the case of a determination of inappropriate overidentification or significant disproportionality with respect to the identification of children as children with disabilities, or the placement in particular settings of these children, the department shall provide for the review of and, if appropriate, revision of the policies, procedures, and practices used in the identification or placement to ensure compliance with the requirements of Part B of the Individuals with Disabilities Education Act; require any district identified under this section to reserve the maximum amount of funds allowable to provide comprehensive coordinated early intervening services to serve children in the district, particularly, but not exclusively, children in those groups that were significantly overidentified under this section; and require the district to publicly report on the revision of policies, practices, and procedures described under 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 24:05:19 - Allocation and use of funds › Section 24:05:19:01 - Local education agency entitlements

Current through Register Vol. 51, page 10, July 15, 2024
From the total amount of funds received by the state education agency under the Individuals with Disabilities Education Act, Part B, for any fiscal year, the department shall distribute any funds not reserved under §§
									24:05:19:09, 24:05:19:10, and 24:05:19:11 to local education agencies that have established their eligibility under this article for use in accordance with Part B of the IDEA. Beginning with funds that became available on July 1, 2009, the department shall distribute funds to eligible local education agencies, even if the local education agency is not serving any children with disabilities. The department shall distribute these federal funds to local education agencies according to the following criteria:
(1) Local education agencies shall receive 75 percent of the amount they would have received under section 611 of IDEA for fiscal year 1999, as that section was then in effect;
(2) Eighty-five percent of remaining funds shall be allocated to local education agencies based on the relative numbers of children enrolled in public and private elementary and secondary schools within each local education agency's jurisdiction; and
(3) Fifteen percent of remaining funds shall be allocated to local education agencies based on their relative numbers of children living in poverty, as determined by the state education agency.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:01.01 - Base payment adjustments

Current through Register Vol. 51, page 10, July 15, 2024
For any fiscal year after 1999, the base payment described in subdivision 24:05:19:01(1) shall be adjusted under the following circumstances:
(1) If a new local education agency is created, the department shall divide the base allocation determined under this section for the local education agencies that would have been responsible for serving children with disabilities now being served by the new local education agency, among the new local education agency and affected local education agencies based on the relative numbers of children with disabilities ages 3 through 21;
(2) If one or more local education agencies are combined into a single new local education agency, the department shall combine the base allocations of the merged local education agencies; and
(3) If, for two or more local education agencies, geographic boundaries or administrative responsibility for providing services to children with disabilities ages 3 through 21 change, the base allocations of affected local education agencies shall be redistributed among affected local education agencies based on the relative numbers of children with disabilities ages 3 through 21.
If a local education agency received a base payment of zero in its first year of operation, the department shall adjust the base payment for the first fiscal year after the first annual child count in which the local education agency reports that it is serving any children with disabilities. The department shall divide the base allocation determined under §
										24:05:19:01  for the local education agencies that would have been responsible for serving children with disabilities now being served by the local education agency, among the local education agency and affected local education agencies based on the relative numbers of children with disabilities ages 3 through 21, or ages 6 through 21 currently provided special education by each of the local education agencies. This requirement takes effect with funds that became available on and after July 1, 2009.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:19 - Allocation and use of funds › Section 24:05:19:02 - Reallocation of local education agency funds

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that a local education agency is adequately providing a free appropriate public education to all certified children with disabilities residing within the legal boundaries of the district with state and local funds, the department may reallocate a portion or all of a district's Individuals with Disabilities Education Act, Part B funds that are not needed by that district to provide FAPE to other districts in the state which are not adequately providing special education and related services to all its resident certified children with disabilities.
After the department distributes funds to an eligible local education agency that is not serving any children with disabilities, the department shall determine, within a reasonable period of time before the end of the carryover period for the use of federal Part B funds, whether the local education agency has obligated the funds. The department may reallocate any of those funds not obligated by the local education agency to other local education agencies in the state that are not adequately providing special education and related services to all children with disabilities residing in the areas served by those other local education agencies.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:03 - Excess cost

Current through Register Vol. 51, page 10, July 15, 2024
A local education agency may only use funds under the Individuals with Disabilities Education Act, Part B, for excess costs of providing special education and related services to certified children with 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 24:05:19 - Allocation and use of funds › Section 24:05:19:04 - Nonsupplanting

Current through Register Vol. 51, page 10, July 15, 2024
Each local education agency must use Individuals with Disabilities Education Act, Part B funds to supplement other federal, state, and local funds expended for the education of certified children with disabilities. Federal IDEA Part B funds may not be used to supplant state, other federal, and local 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 24:05:19 - Allocation and use of funds › Section 24:05:19:05 - Proscribed use of funds

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §§ 24:05:19:05.01 and 24:05:19:05.05, Individuals with Disabilities Education Act, Part B funds may not be used to reduce the level of expenditures made by a local education agency from local funds below the level of expenditures for the fiscal year immediately preceding the fiscal year for which the local education agency is applying for funds for the education of children with disabilities.
A school district complies with this section for purposes of establishing the school district's eligibility for an award for a fiscal year if the district budgets, for the education of students with disabilities, at least the same total or per capita amount from either of the following sources as the district spent for that purpose from the same source for the most recent prior year for which information is available:
(1) Local funds only; or
(2) The combination of state and local funds.
A district that relies on subdivision (1) of this section for any fiscal year must ensure that the amount of local funds it budgets for the education of students with disabilities in that year is at least the same, either in total or per capita, as the amount it spent for that purpose in the most recent fiscal year for which information is available, and must ensure that the standard in subdivision (1) of this section was used to establish compliance.
The department may not consider any expenditures made from funds provided by the federal government for which the department is required to account to the federal government or for which the district is required to account to the federal government directly or through the department in determining a district's compliance with 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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.01 - Exception to maintenance of effort

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the restrictions in §
									24:05:19:05, a school district may reduce the level of expenditures by the district under Part B of the Individuals with Disabilities Education Act below the level of those expenditures for the preceding fiscal year if the reduction is attributable to:
(1) The voluntary departure, by retirement or otherwise, or departure for just cause, of special education or related services personnel;
(2) A decrease in the enrollment of students with disabilities;
(3) The termination of the obligation of the district, consistent with this chapter, to provide a program of special education to a particular student with a disability that is an exceptionally costly program as determined by the state, because the student:
(a) Has left the jurisdiction of the district;
(b) Has reached the age at which the obligation of the district to provide a free appropriate public education to the student has terminated; or
(c) No longer needs the program of special education;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:19 - Allocation and use of funds › Section 24:05:19:05.03 - Permissive use of funds

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding federal requirements governing excess cost, use of Part B funds to supplement state, local and other federal funds and not supplant those funds, maintenance of effort, and commingling requirements, IDEA Part B funds provided to a school district may be used for the following activities:
(1) For the costs of special education and related services and supplementary aids and services provided in a regular class or other education related setting to a student with a disability in accordance with the individual education program of the student, even if one or more nondisabled students benefit from these services;
(2) To develop and implement coordinated, early intervening educational services in accordance with this chapter; and
(3) To establish and implement cost or risk sharing funds, consortia, or cooperatives for the school district itself, or for school districts working in a consortium of which the district is a part, to pay for high cost special education and related services.
A school district may use funds received under Part B of the IDEA to purchase appropriate technology for recordkeeping, data collection, and related case management activities of teachers and related services personnel providing services described in the IEP of children with disabilities, that is needed for the implementation of those case management activities.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.05 - Adjustment to local fiscal efforts in certain fiscal years

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the excess cost and maintenance of effort requirements, and the exception regarding early intervening services in this chapter, for any fiscal year for which the allocation received by a district exceeds the amount the district received for the previous fiscal year, the district may reduce the level of expenditures, otherwise required, by not more than 50 percent of the amount of that excess.
If a school district exercises the authority under this section, the district must use an amount of local funds equal to the reduction in expenditures under this section to carry out activities that could be supported with funds under the ESEA regardless of whether the district is using funds under the ESEA for those activities.
Notwithstanding the requirements of this section, if the department determines that a district is unable to establish and maintain programs of FAPE that meet the requirements of this article or the department has taken action against the district under chapter 24:05:20, the department must prohibit the district from reducing the level of expenditures under this section for that fiscal year.
The amount of funds expended by a district for early intervening services under this chapter shall count toward the maximum amount of expenditures that the district may reduce under 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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.06 - Early intervening services - General

Current through Register Vol. 51, page 10, July 15, 2024
A district may not use more than 15 percent of the amount the district receives under Part B of the IDEA for any fiscal year, less any amount reduced by the district pursuant to §
									24:05:19:05.05, if any, in combination with other amounts, which may include amounts other than education funds, to develop and implement coordinated, early intervening services, which may include interagency financing structures, for students in kindergarten through grade 12, with a particular emphasis on students in kindergarten through grade three, who are not currently identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
Nothing in this section either limits or creates a right to FAPE under Part B of the IDEA or delays appropriate evaluation of a child suspected of having a disability.
Funds made available to carry out this section may be used to carry out coordinated, early intervening services aligned with activities funded by, and carried out under, the ESEA if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under 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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.07 - Early intervening services - Activities

Current through Register Vol. 51, page 10, July 15, 2024
In implementing coordinated, early intervening services, a school district may carry out activities that include:
(1) Professional development, which may be provided by entities other than school districts, for teachers and other school staff to enable such personnel to deliver scientifically-based academic and behavioral interventions, including scientifically-based literacy instruction, and, if appropriate, instruction on the use of adaptive and instructional software; and
(2) Providing educational and behavioral evaluations, services, and supports, including scientifically-based literacy instruction.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.08 - Early intervening services - Reporting

Current through Register Vol. 51, page 10, July 15, 2024
Each school district that develops and maintains coordinated, early intervening services must annually report to the department on:
(1) The number of children served who received early intervening services; and
(2) The number of children served who received early intervening services and subsequently receive special education and related services under Part B of the IDEA during the preceding two-year period.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.09 - Schoolwide programs - General

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the provisions of excess cost and maintenance of effort, or any other provision of Part B of the IDEA, a school district may use funds received under Part B of the IDEA for any fiscal year to carry out a schoolwide program, except that the amount used in any schoolwide program may not exceed the amount received by the district under Part B of the IDEA for that fiscal year divided by the number of children with disabilities in the jurisdiction of the district and multiplied by the number of children with disabilities participating in the schoolwide program.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.10 - Schoolwide programs - Funding

Current through Register Vol. 51, page 10, July 15, 2024
The funds described in §
									24:05:19:05.09 are subject to the following conditions:
(1) The funds must be considered as federal Part B IDEA funds for purposes of the calculations required under excess cost, supplementing, and supplanting; and
(2) The funds may be used without regard to 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 24:05:19 - Allocation and use of funds › Section 24:05:19:05.11 - Schoolwide programs - Meeting other Part B requirements

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									24:05:19:05.10, all other requirements of Part B of the IDEA must be met by a school district using Part B funds in accordance with §
									24:05:19:05.09, including ensuring that children with disabilities in schoolwide program schools:
(1) Receive services in accordance with a properly developed IEP; and
(2) Are afforded all of the rights and services guaranteed to children with disabilities under the IDEA.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:08 - Valid obligations enforceable

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in this article relieves an insurer or a similar third party from an otherwise valid obligation to provide or pay for services provided to a child with disabilities.
Consistent with the IEP requirements in this article regarding the provision of services in a timely manner, the department shall ensure that there is no delay in implementing a child's IEP, including any case in which the payment source for providing or paying for special education and related services to the child is being determined.
If placement in an approved public or private residential program is necessary to provide special education and related services to a child with disabilities, the program, including nonmedical care and room and board, must be provided at no cost to the parent of 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 24:05:19 - Allocation and use of funds › Section 24:05:19:08.01 - Prohibition against commingling

Current through Register Vol. 51, page 10, July 15, 2024
Funds under Part B of IDEA may not be commingled with state 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 24:05:19 - Allocation and use of funds › Section 24:05:19:08.02 - State-level nonsupplanting

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									24:05:19:05, federal funds paid to the state under Part B of the Individuals with Disabilities Education Act, shall be used to supplement and in no case supplant, federal, state, and local funds (including funds that are not under the direct control of the state or local education agencies) expended for special education and related services provided to students with 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 24:05:19 - Allocation and use of funds › Section 24:05:19:08.03 - Maintenance of state financial support

Current through Register Vol. 51, page 10, July 15, 2024
The state may not reduce the amount of state financial support for special education and related services for students with disabilities, or financial support otherwise made available because of the excess costs of educating those students, below the amount of that support for the preceding fiscal year.
In complying with state requirements for commingling, nonsupplanting and maintenance of effort, the state may not use funds paid to it under Part B of IDEA to satisfy state-law mandated funding obligations to school districts, including funding based on student attendance, enrollment, or inflation.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:09 - Funds for state administration

Current through Register Vol. 51, page 10, July 15, 2024
The state for each fiscal year may set aside an amount equal to or less than $850,000 adjusted cumulatively for inflation for state administration under Part B of the IDEA.
Before the expenditure of funds under this section, the state must certify to the U.S. Secretary of Education that the arrangements to establish responsibility for services pursuant to chapter 24:05:14 are current.
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 24:05:19 - Allocation and use of funds › Section 24:05:19:10 - Allowable costs

Current through Register Vol. 51, page 10, July 15, 2024
The department may use funds under §
									24:05:19:09  for the following costs:
(1) Administering the Part B, Part C, and preschool section 619 programs under the IDEA; and
(2) Coordinating activities under Part B of the IDEA with, and providing technical assistance to, other programs that provide services to children with 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 24:05:20 - Eligibility for federal funds › Section 24:05:20:01 - Notice of availability of funds

Current through Register Vol. 51, page 10, July 15, 2024
Annually, the state director of special education shall provide written notice to all local education agencies, state agencies, and applicable cooperatives of the availability of Individuals with Disabilities Education Act, Part B 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 24:05:20 - Eligibility for federal funds › Section 24:05:20:02 - Form of notice

Current through Register Vol. 51, page 10, July 15, 2024
The notice in §
									24:05:20:01  shall include the following:
(1) Procedures for applicants to follow in completing and submitting requests for Individuals with Disabilities Education Act, Part B funds;
(2) The objectives of the Individuals with Disabilities Education Act, Part B program;
(3) An offer of technical assistance in completing the request for funds;
(4) A general description of the state's procedures for reviewing and approving requests; and
(5) A statement of a local education agency's obligation to make all documents relating to the eligibility of the district, including the request for funds and any evaluations, periodic program plans, or reports required by the state for the Individuals with Disabilities Education Act, Part B project available to parents of children with disabilities and to the general public.
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 24:05:20 - Eligibility for federal funds › Section 24:05:20:03 - Review and approval process

Current through Register Vol. 51, page 10, July 15, 2024
Requests for funds submitted to the department shall be reviewed by the department's special education programs for consistency with the Individuals with Disabilities Education Act, Part B 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 24:05:20 - Eligibility for federal funds › Section 24:05:20:04 - Additional requirements

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the content requirements of the request for funds itself, reviewers from the department's special education programs shall take into account a local education agency's failure to correct an identified deficiency found through state monitoring or a complaint investigation, consider any decision made in a due process hearing which was adverse to the local education agency, and consider any previous decisions that resulted in the withholding of 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 24:05:20 - Eligibility for federal funds › Section 24:05:20:07 - Notification of grant award

Current through Register Vol. 51, page 10, July 15, 2024
Once the request for funds is approved, the state director of special education and the Office of Finance and Management shall notify a local education agency, in writing, of the following:
(1) The amount of the grant;
(2) The period during which the local education agency may obligate funds; and
(3) The federal requirements that apply to the grant under article 24:05.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:08 - Amendments to requests

Current through Register Vol. 51, page 10, July 15, 2024
If a local education agency makes a significant amendment to its request for funds, the local education agency shall follow the procedures provided in §
									24:05:20:02  for submitting an original request. The review and approval process, at the state level, shall be the same as that used for an initial request for funds.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.