reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:12 - Proscribed use of funds for benefit of private school

Current through Register Vol. 51, page 10, July 15, 2024
A school district may not use IDEA Section 619 Preschool or Part B funds to finance the existing level of instruction in a private school or to otherwise benefit the private school. The school district shall use funds provided under Part B of the Individuals with Disabilities Education Act to meet the special education and related services needs of students enrolled in private schools, but not for:
(1) The needs of a private school; or
(2) The general needs of the students enrolled in the private school.
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 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:13 - Personnel use authorized

Current through Register Vol. 51, page 10, July 15, 2024
A school district may use IDEA Section 619 Preschool and Part B funds to make public personnel available in other than public facilities to the extent necessary to provide services designed for students enrolled in a private school if those services are not normally provided by the private school.
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 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:14 - Use of private school employees authorized

Current through Register Vol. 51, page 10, July 15, 2024
A school district may use IDEA Section 619 Preschool or Part B funds to pay for the services of an employee of a private school if the employee performs the services outside regular hours of duty and the employee performs the services under public supervision and control.
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 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:15 - School district to maintain control of property, equipment, and supplies

Current through Register Vol. 51, page 10, July 15, 2024
A school district shall control and administer the funds used to provide special education and related services under this chapter, and hold title to and administer materials, equipment, and property purchased with those funds for the uses and purposes provided in Part B of the IDEA.
The school district may place equipment and supplies in a private school for the period of time needed for the Part B program.
The school district shall ensure that the equipment and supplies placed in a private school are used only for the purposes of the Part B program and can be removed from the private school without remodeling the private school facilities.
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 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:16 - Equipment and supplies to be removed from private schools upon cessation of need

Current through Register Vol. 51, page 10, July 15, 2024
The school district shall remove equipment and supplies from a private school if the equipment and supplies are no longer needed for the purposes of the program authorized under Part B of the IDEA or if removal is necessary to avoid unauthorized use of the equipment or supplies for other than Part B program purposes.
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 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:17 - Use of program funds for repairs, minor remodeling, or private construction proscribed

Current through Register Vol. 51, page 10, July 15, 2024
A school district shall ensure that IDEA Section 619 Preschool or Part B funds are not used for repairs, minor remodeling, or construction of private school facilities.
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 24:05:33 - Funding › Section 24:05:33:07.02 - Allowable costs - Special education fund

Current through Register Vol. 51, page 10, July 15, 2024
The special education fund of a school district may be used to pay the costs for special education of all children in need of special education or special education and related services served by the school district or for which the school district is financially responsible. These costs may not include the following:
(1) Salaries and benefits of superintendents, chief executive officers, and principals;
(2) Utilities;
(3) Custodial services;
(4) General transportation services;
(5) Salaries and benefits for nonspecial education staff;
(6) Nonspecial education supplies and materials;
(7) Nonspecial education dues and fees;
(8) Capital outlay expenditures not directly tied to a student's individual educational program; and
(9) Contributions and donations.
General Authority:
SDCL  13-16-32.
Law Implemented:
SDCL  13-16-32,  13-37-16.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33 - Funding › Section 24:05:33:07.03 - Cooperative educational service unit costs

Current through Register Vol. 51, page 10, July 15, 2024
A school district may pay, from state and local dollars deposited into the district's special education fund, the following costs incurred by a cooperative educational service unit, as defined by SDCL  13-5-31, as a result of providing special education or special education and related services:
(1) Technology services;
(2) General administrative services;
(3) Fiscal services;
(4) Instructional computer equipment;
(5) Vehicle and vehicle services; and
(6) Building maintenance and operation.
Items listed in subdivision (1) to (4), inclusive, must be prorated as a percentage of the total revenues of the cooperative educational service unit, but may never exceed the actual cost of providing the service. Items listed in subdivision (5) must be based on a calculated per mile rate based on the type of vehicle. Items listed in subdivision (6) must be based on square footage.
General Authority:
SDCL  13-16-32.
Law Implemented:
SDCL  13-16-32,  13-37-16.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  13-37-1.1,  13-37-46.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  13-37-1.1,  13-37-46.
Law Implemented:
SDCL  13-37-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:03

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  13-37-1.1,  13-37-46.
Law Implemented:
SDCL  13-37-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:04

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  13-37-1.1,  13-37-46.
Law Implemented:
SDCL  13-37-46.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:06 - Application

Current through Register Vol. 51, page 10, July 15, 2024
Eligible school districts must apply for extraordinary cost funds on forms provided by the secretary. An eligible school district may apply for extraordinary cost funds based on a high cost student, high cost program, or supplemental aid. In addition, a school district may apply for extraordinary cost funds based on both a high cost student and supplemental aid. However, a school district may not apply for extraordinary cost funds for both a high cost program and supplemental aid and may not apply for extraordinary cost funds for both a high cost student and high cost program.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:07 - Required documentation

Current through Register Vol. 51, page 10, July 15, 2024
A school district's application for extraordinary cost funds must include the most recent statement of revenues, expenditures, and changes in fund balance, both budgeted and actual, for the portion of the fiscal year completed for special education funds, prepared in accordance with generally accepted accounting principles. Nothing in this section prohibits the department from requesting additional information necessary to review the application.
The Extraordinary Cost Oversight Board and the secretary of the Department of Education may not consider an application for extraordinary costs funds if the school district has outstanding deficiencies which have not been corrected pursuant to chapter 24:05:20, the school district does not use generally accepted accounting principles, or special education revenues and expenditures are not recorded in accordance with the accounting manual provided for in SDCL  4-11-6.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
Individual education program, ch 24:05:27.
Auditing, accounting, and review standards, § 20:37:11:07.
Accounting principles, § 20:37:11:08.
Accounting manual for counties, municipalities, school districts and their agencies, SDCL  4-11-6.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:09 - Maximum tax levy required

Current through Register Vol. 51, page 10, July 15, 2024
To be eligible for extraordinary cost funds, a school district must levy the maximum amount allowed pursuant to SDCL  13-37-16.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:10 - No funding of prior fiscal year special education expenditures

Current through Register Vol. 51, page 10, July 15, 2024
Extraordinary cost funds shall be used solely to fund special education expenditures referenced in this chapter which occurred in the fiscal year in effect when the district submits its application.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:11 - Funds set aside for supplemental aid applications

Current through Register Vol. 51, page 10, July 15, 2024
Ten percent of the total appropriation for extraordinary cost funds shall be set aside to fund applications for extraordinary cost funds for supplemental aid. This ten percent total is the maximum amount which can be used to fund applications for extraordinary cost funds for supplemental aid. If applications are in excess of the ten percent, the secretary may adjust or prorate the requested amounts. The maximum allowable request for an individual school district for extraordinary cost funds based on supplemental aid is $50,000.
Any unallocated funds from the set aside referenced in this section may be used to fund applications for extraordinary cost funds for high cost students or high cost programs as referenced in § 24:05:33.01:12.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:12 - Priority to high cost student applications

Current through Register Vol. 51, page 10, July 15, 2024
Priority for extraordinary cost funds, except for those funds allocated pursuant to § 24:05:33.01:11, shall first be given to applications for extraordinary cost funds for high cost students and then to applications for extraordinary cost funds for high cost programs.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:13 - Reconsideration of extraordinary cost fund applications

Current through Register Vol. 51, page 10, July 15, 2024
If a school district's extraordinary cost fund application is denied in whole or in part by the secretary, the school district may submit a written request to the secretary for reconsideration. The request must be submitted via first class United States mail and be postmarked within ten days of receipt of the secretary's decision. The secretary shall issue a decision on the request for reconsideration within ten days of receipt of the request by the secretary. Nothing in this chapter requires the secretary to provide a hearing relating to a district's original application or request for reconsideration.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:33.01 - Extraordinary costs › Section 24:05:33.01:14 - Further guidelines and exhaustion of extraordinary cost funds

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in this article prohibits the secretary from establishing further guidelines for application, approval, distribution, and expenditure of extraordinary costs funds pursuant to SDCL  13-37-41. Nothing in this article authorizes the secretary to approve extraordinary cost fund expenditures in excess of the amount set aside pursuant to SDCL  13-37-40.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-40 to  13-37-47, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:34 - Auxiliary placements and tuition services › Section 24:05:34:02 - Determination of educational program costs for in-state placement of children for whom the state is responsible

Current through Register Vol. 51, page 10, July 15, 2024
The school district in which the child under care and custody of the state resides is responsible for the identification, evaluation, and placement of the child pursuant to the rules in this article governing children in need of special education or special education and related services. The state is responsible for the costs of special education or special education and related services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1,  13-37-8.6.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:35 - Program alternatives › Section 24:05:35:01 - District of residence responsible for educational program in juvenile detention facility

Current through Register Vol. 51, page 10, July 15, 2024
A school district containing a juvenile detention facility is responsible for providing a free appropriate educational program for children and youth assigned to the facility by the court.
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 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:01 - Scope of chapter

Current through Register Vol. 51, page 10, July 15, 2024
This chapter addresses coordinated early intervening services funded through State Aid for Special Education under SDCL chapter 13-37. Nothing in this chapter is intended to modify any provision on chapter 24:05:19 regarding the use of IDEA Part B funds for early intervening services.
General Authority:
SDCL  13-37-1.1,  13-37-58.
Law Implemented:
SDCL  13-37-1.1,  13-37-35.1,  13-37-36.3,  13-37-40,  13-37-55 to  13-37-59, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:02 - Coordinated early intervening services - Funds available and students served

Current through Register Vol. 51, page 10, July 15, 2024
A school district may use up to fifteen percent of the local need, as defined in SDCL  13-37-35.1(18), to develop and implement coordinated early intervening services. Coordinated early intervening services may be provided to students in kindergarten through grade twelve who are not currently eligible for special education and related services pursuant to chapter 24:05:24.01 but need additional academic and behavioral interventions to be successful in general education and to avoid being classified as a student with a disability.
General Authority:
SDCL  13-37-1.1,  13-37-58.
Law Implemented:
SDCL  13-37-1.1,  13-37-35.1,  13-37-40,  13-37-55 to  13-37-59, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:03 - Application - Submission

Current through Register Vol. 51, page 10, July 15, 2024
Applications referenced in SDCL  13-37-56 will be accepted by the department at any time during the school year. The department will review the application and make a determination pursuant to §
									24:05:36:05  within sixty days of receipt of the application.
General Authority:
SDCL  13-37-1.1,  13-37-58.
Law Implemented:
SDCL  13-37-1.1,  13-37-35.1,  13-37-40,  13-37-55 to  13-37-59, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:04 - Application - Required components

Current through Register Vol. 51, page 10, July 15, 2024
A school district's application for coordinated early intervening services funds must include the following components:
(1) A description of the process used to identify the students to be provided early intervening services;
(2) The scientifically-based activities and services for which funds will be used;
(3) A budget for state and local coordinated early intervention services funds including an accounting system for tracking these state and local funds separate from federal funds;
(4) Assurances that the district will continue to:
(a) Provide a FAPE to all students with disabilities consistent with this article; and
(b) Meet the maintenance of effort requirements referenced in chapter 24:05:19 for any fiscal year; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:05 - Application - Approval criteria

Current through Register Vol. 51, page 10, July 15, 2024
When determining whether to approve a school district's application for early intervening services funding, the department shall consider whether the district has:
(1) Met the maintenance of effort requirement for the prior two fiscal years;
(2) Requested no more than fifteen percent of local need;
(3) Complied with coordinated early intervening reporting for a previous year or years, if applicable;
(4) Maintained a FAPE for all students with disabilities; and
(5) Timely corrected all findings of IDEA Part B noncompliance in the prior two school years.
General Authority:
SDCL  13-37-1.1,  13-37-58.
Law Implemented:
SDCL  13-37-1.1,  13-37-35.1,  13-37-40,  13-37-55 to  13-37-59, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:06 - Annual reporting

Current through Register Vol. 51, page 10, July 15, 2024
Each school district must submit the report required by SDCL  13-37-57 by June 30th of each school year on forms provided by the department.
General Authority:
SDCL  13-3-51,  13-37-1.1,  13-37-58.
Law Implemented:
SDCL  13-37-1.1,  13-37-35.1,  13-37-40,  13-37-55 to  13-37-59, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:36 - Coordinated early intervening services funded through State Aid for Special Education › Section 24:05:36:07 - Eligibility for extraordinary costs - Availability of funding

Current through Register Vol. 51, page 10, July 15, 2024
School districts utilizing state aid for special education funding for the provision of coordinated early intervening services are not eligible for extraordinary costs under chapter 24:05:33.01 for a period of three years following the expenditure of funds under this chapter.
General Authority:
SDCL  13-37-1.1,  13-37-58.
Law Implemented:
SDCL  13-37-1.1,  13-37-35.1,  13-37-40,  13-37-55 to  13-37-59, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
This chapter provides minimum requirements for the construction and equipping of school buses manufactured into South Dakota after November 1, 2011. Requirements for school buses effective November 1, 2011, or later do not apply to buses delivered pursuant to contracts signed before November 1, 2001
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6,  32-32-5.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:02 - School bus standards

Current through Register Vol. 51, page 10, July 15, 2024
The school bus chassis and body and specially equipped school buses must meet the specifications listed on pages, 26 to 67 inclusive, of the
National School Transportation Specifications & Procedures
, May 2015 Edition.
(1) In addition to this section "Color" the buses shall have an area extending outward approximately three inches around the lens of each school bus alternately flashing lamps and they are to be painted black enamel. Page 31 of the
National School Transportation Specifications & Procedures
, May 2015 Edition.
(2) In addition under the section "Ventilation," the buses shall meet the specifications on page 65 of the
National School Transportation Specifications & Procedures
, May . 2015 Edition.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
: Pages 26 to 67
National School Transportation Specifications & Procedures,
May 2015 Edition. Copies may be obtained from
www.ncstonline.org
. Cost: $55.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:03.01 - Floor insulation

Current through Register Vol. 51, page 10, July 15, 2024
School buses shall meet the insulation requirements listed on page 51 of the
National School Transportation Specifications & Procedures
, May 2015 Edition.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
: "Insulation" page 51 of the
National School Transportation Specifications & Procedures
, 2015 Edition. Copies may be obtained from
www.ncstonline.org
. Cost: $55.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:04 - Heating and air conditioning systems

Current through Register Vol. 51, page 10, July 15, 2024
Heaters must be provided in a school bus, air conditioning systems may be installed in accordance with the section entitled "Heating and Air Conditioning Systems" on pages 44 to 48 of the
National School Transportation Specifications & Procedures
, 2015 Edition. In addition, the following standards apply to school buses as defined in "School Bus Types" on pages 332 to 333 of the
National School Transportation Specifications & Procedures
, 2015 Edition:
(1) The minimum installation for a Type A bus is one front fresh air heater, utilizing the manufacturer's standard heater with a defroster core and a driver's deflector, and one or more rear recirculating underseat heaters with a minimum of 38,000 BTUs;
(2) The minimum installation for Type B and C buses is one left front fresh air heater with a defroster core and a driver's deflector with a minimum of 80,000 BTUs, one right cowl recirculating heater with a minimum of 50,000 BTUs. The minimum installation for a type D bus is one front fresh air heater with a defroster core and minimum of 80,000 BTUs, plus a drivers underseat heater with a minimum of 14,000 BTUs, and rear heaters for type B, C, and D buses are as follows:
(a) Buses with a capacity of less than 59 passengers must have a rear underseat recirculating heater with a minimum of 75,000 BTUs;
(b) Buses with a capacity of 59 passengers or more must have two rear underseat recirculating heaters or a combination of one midship and one rear, each having a minimum of 75,000 BTUs.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:05 - Sound and thermal insulation

Current through Register Vol. 51, page 10, July 15, 2024
Sound and thermal insulation for a school bus must meet the following requirements:
(1) The side, roof, front, and rear body panels, including the corner and the roof bows, must be completely insulated to deaden sounds and vibrations and to reduce heat transfer;
(2) The insulation materials must be fire-resistant, UL approved, with minimum R-value of 5.5. Insulation must be installed to prevent sagging.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:06 - Windows, windshield, and glass

Current through Register Vol. 51, page 10, July 15, 2024
All window openings and glass in the windows and doors of a school bus must comply with the section entitled "Windows" on page, 66 Section A of the
National School Transportation Specifications & Procedures
, 2015 Edition. In addition, the following provisions apply:
(1) The driver's window, the first window on the left after the driver's window, the first window after the service door, and the windows in the service door must be frost-free (thermal) glass on Types B, C, and D buses; and
(2) The lower portion of the rear emergency door on Type A-2, B, C, and D buses must have an exposed glass area of not less than 350 square inches and must be covered by a protective screen inside.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
: "Windows," page 66 of the
National School Transportation Specifications & Procedures
, 2015 Edition. Copies may be obtained from
www.ncstonline.org
. Cost: $55.
"School Bus Types," page 332
National School Transportation Specifications & Procedures
, 2015 Edition.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:07 - School bus standards › Section 24:06:07:07 - Exits - Emergency

Current through Register Vol. 51, page 10, July 15, 2024
Emergency exits for a school bus must meet the following requirements:
(1) Emergency doors and other emergency exits must comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) 217;
(2) Additional emergency door requirements are as follows:
(a) The words "EMERGENCY DOOR" in letters at least two inches high must be placed at the top of or directly above the emergency door or on the door in the metal panel above the top glass, both inside and outside of the bus;
(b) In addition to the audible warning required on emergency doors by FMVSS 217, all other emergency exits, except roof hatches, must be protected with an audible warning.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:08 - School bus procedures › Section 24:06:08:02 - Emergency procedures

Current through Register Vol. 51, page 10, July 15, 2024
Each school bus driver, with administrative authorization, shall conduct emergency evacuation instruction and drills for school bus riders at least twice a year and three times a year for Headstart students. The driver shall give an emergency evacuation drill or talk-through before each activity season. The school bus operator shall maintain a log containing the dates and times of drills. Additional emergency procedures must comply with the section entitled "Emergency & Rescue Procedures" on pages 171 to 173 of the
National School Transportation Specifications & Procedures
, 2015 Edition. Additional Emergency Evacuation procedures are also included in the
South Dakota CDL Manual
under the section titled "School Buses," Section 10.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
"Emergency & Rescue Procedures," pages, 171 to 173
National School Transportation Specifications & Procedures
, 2015 Edition. Copies may be obtained from
www.ncstonline.org
. Cost: $55.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:08 - School bus procedures › Section 24:06:08:03 - Maintenance records and daily inspection

Current through Register Vol. 51, page 10, July 15, 2024
The owner of a school bus shall keep maintenance records on each school bus. The inspection shall include the process as published in the section entitled Driver Responsibilities "J" pages 132 to 137 and maintenance records in the section titled "Operational Procedures" number 7b, 7c, and 7f on page 152 in the
National School Transportation Specifications & Procedures
, 2015 Edition.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
"Section F, Drivers' Daily Inspection of Equipment," pages 132 to 137 and 152-154, inclusive,
National School Transportation Specifications & Procedures
, 2015 Edition. Copies may be obtained from
www.ncstonline.org
. Cost: $55.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:08 - School bus procedures › Section 24:06:08:04 - Operations

Current through Register Vol. 51, page 10, July 15, 2024
The following provides minimum requirements for the state and school districts to follow in accordance with the sections entitled "Introduction," "School Bus Use," "State Administration," and "Local School District Administration" on pages, 121 to 132 in the
National School Transportation Specifications & Procedures
, 2015 Edition.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
"Operations," pages, 121 to 132 of the
National School Transportation Specifications & Procedures
, 2015 Edition. Copies may be obtained from or
www.ncstonline.org.
Cost: $55.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:08 - School bus procedures › Section 24:06:08:05 - Towing

Current through Register Vol. 51, page 10, July 15, 2024
A school bus may tow any type of trailer or vehicle with passengers on the bus if the bus has an additional emergency exit other than the rear.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:08 - School bus procedures › Section 24:06:08:06 - Activity bus operations

Current through Register Vol. 51, page 10, July 15, 2024
The following provides minimum requirements for the state and school districts to follow in accordance with the section entitled "Activity Bus Operations," on pages, 464 to 482 in the
National School Transportation Specifications & Procedures
, 2015 Edition. Section 4d is excluded in this section as it is addressed in §
									24:06:08:05.
General Authority:
SDCL  13-29-2,  13-29-6.
Law Implemented:
SDCL  13-29-2,  13-29-6.
Reference
"Activity Bus Operations," pages 464 to 482 of the
National School Transportation Specifications & Procedures
, 2015 Edition. Copies may be obtained from
www.ncstonline.org.
Cost: $55.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:09 - School bus inspectors › Section 24:06:09:01 - Certification of school bus inspectors

Current through Register Vol. 51, page 10, July 15, 2024
Any person who performs annual school bus inspections shall be at least 18 years of age and certified by the Division of Highway Patrol. A person shall successfully complete a training course of at least sixteen hours provided by the Division of Highway Patrol prior to certification. A person shall maintain certification by completing a recertification course of at least four hours provided by the Division of Highway Patrol. Recertification must be completed within one year of publication of updated National School Transportation Specification and Procedures every five years.
General Authority:
SDCL  13-29-6.1.
Law Implemented:
SDCL  13-29-6.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:06 - SCHOOL BUSES › Chapter 24:06:09 - School bus inspectors › Section 24:06:09:02 - Revocation of certification

Current through Register Vol. 51, page 10, July 15, 2024
Upon a determination by the Division of Highway Patrol that any person certified as a school bus inspector has failed to exercise an acceptable level of care in performing school bus inspections, the Division of Highway Patrol shall revoke that person's certification. A person whose certification has been revoked may not perform any school bus inspection until the person has repeated and successfully completed the sixteen hour training course.
General Authority:
SDCL  13-29-6.1.
Law Implemented:
SDCL  13-29-6.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:01 - General provisions › Section 24:07:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this article mean:
(1) "Expulsion," the action of the school board that terminates a pupil's membership in school for not more than 12 consecutive months;
(2) "Long-term suspension," the exclusion of a pupil by the superintendent or school board from a class or classes or from school for more than 10 but not more than 90 school days;
(3) "Parent," a parent, guardian, or person in charge of a pupil;
(4) "Policy," a rule, regulation, or standard enacted by a school district board;
(5) "Short-term suspension," the exclusion of a pupil by a principal or superintendent from a class or from school for not more than 10 school days.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:02 - Short-term suspension procedure › Section 24:07:02:01 - Short-term suspension procedure

Current through Register Vol. 51, page 10, July 15, 2024
If a short-term suspension from a class, classes, or school is anticipated because of a pupil's violation of a policy, the principal or superintendent shall give oral or written notice to the pupil as soon as possible after discovery of the alleged violation, stating the facts that form the basis for the suspension. The pupil must be given the opportunity to answer the charges. If a pupil is suspended, the principal or superintendent shall give the parent oral notice, if possible, and shall send the parent or a pupil who is 18 years of age or older or an emancipated minor a written notice which provides information regarding the pupil's due process rights. A pupil who is an unemancipated minor may not be removed from the school premises before the end of the school day without contacting a parent unless the pupil's presence poses a continuing threat or danger, in which case the pupil may be immediately removed from the school and transferred into the custody of a parent or law enforcement.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:01 - Written report required

Current through Register Vol. 51, page 10, July 15, 2024
The superintendent must file a sealed, written report with the school board by the end of the fifth school day following the first day of the long-term suspension and may request that a hearing be held before the school board. The report must include the facts of the situation, the action taken, the reasons for the action, and the superintendent's decision or recommendation. The report must remain in the possession of the school board secretary or business manager, sealed and unavailable for review by individual school board members, until the time set for a hearing. The superintendent must send a copy of the report to the pupil's parent or to the pupil if the pupil is 18 years of age or older or an emancipated minor at the same time the report is filed with the school board's secretary or business manager.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:02 - Right to request hearing - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the superintendent finds grounds for a long-term suspension from a class or classes, the superintendent may exclude the pupil from a class or classes by using the short-term suspension procedure in §
									24:07:02:01. The superintendent shall give a written notice to the pupil's parent or to a pupil who is 18 years of age or older or an emancipated minor and may schedule a hearing. The notice shall contain the following minimum information:
(1) The policy allegedly violated;
(2) The reason for the disciplinary proceedings;
(3) Notice of the right to request a hearing or waive the right to a hearing.
(4) A description of the hearing procedure;
(5) A statement that the pupil's records are available at the school for examination by the pupil's parent or authorized representative; and
(6) A statement that the pupil may present witnesses.
If a hearing is requested, the superintendent shall give notice to each school board member of an appeal to the board for a hearing. The superintendent shall set the date, time, and place for the hearing and send notice by first class mail to each school board member and by certified mail, return receipt requested, to the pupil's parent or to a pupil who is 18 years of age or older or an emancipated minor.
If no hearing is requested or the hearing is waived, the action of the superintendent is final.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:03 - Right of waiver

Current through Register Vol. 51, page 10, July 15, 2024
The pupil, if of the age of majority or emancipated, or the pupil's parent may waive the right to a hearing in writing to the superintendent. If the hearing is not waived, the hearing shall be held on the date, time, and place set in the notice unless a different date, time, and place are agreed to by the parties.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:04 - Hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
The school board is the hearing board and shall conduct the hearing in the following manner:
(1) The school board shall appoint a school board member or a person who is not an employee of the school district as the hearing officer;
(2) Each party may make an opening statement;
(3) Each party may introduce evidence, present witnesses, and examine and cross-examine witnesses;
(4) Each party may be represented by an attorney;
(5) The school administration shall present its case first;
(6) The hearing is closed to the public. A verbatim record of the hearing will be made and will be sealed pending court order;
(7) Witnesses may be present only when testifying. All witnesses must take an oath or affirmation administered by the school board president or business manager;
(8) Each party may raise objections; however, objections are limited to relevancy and scope of the question;
(9) All relevant evidence must be admitted; however, unproductive or repetitious evidence may be limited by the hearing officer;
(10) The hearing officer may ask questions of witnesses and may allow other school board members to interrogate witnesses;
(11) Each party may make a closing statement;
(12) After the hearing, the school board shall continue to meet in executive session for deliberation. No one other than the hearing officer may meet with the school board during deliberation. The school board may seek advice during deliberation from an attorney. Consultation with any other person during deliberation may occur only if a representative of the pupil is present; and
(13) The decision of the school board must be based solely on the evidence presented at the hearing and must be formalized by a motion made in open meeting. The motion must omit the name of the pupil and must state the reason for the board's action. The school board shall notify the pupil or the pupil's parents in writing of the decision. The notice must state the length of the suspension or expulsion.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:06 - Right of appeal

Current through Register Vol. 51, page 10, July 15, 2024
The student may appeal an adverse decision by the school board to the circuit court.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:07 - Attendance policies

Current through Register Vol. 51, page 10, July 15, 2024
The attendance policy of a school district may not exclude a pupil from a class or from school for more than ten days without providing due process procedures pursuant to this chapter.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.1,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:03 - Long-term suspension procedure › Section 24:07:03:08 - Referral to placement committee of pupils in need of special education

Current through Register Vol. 51, page 10, July 15, 2024
If a pupil identified as in need of special education or special education and related services pursuant to SDCL  13-37-1 is expelled or subjected to long-term suspension, the procedure in §
									24:05:26:09  applies.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:04 - Expulsion procedure › Section 24:07:04:01 - Written report required

Current through Register Vol. 51, page 10, July 15, 2024
If expulsion is anticipated because of a student's violation of a rule or policy or for insubordination or misconduct, the superintendent must file a sealed written report with the school board no later than the end of the fifth school day following the first day of the student's removal from one or more classes or from school and schedule a hearing before the school board. The report must include the facts of the situation, the action, the reasons for the action and the superintendent's recommendation. The report must remain in the possession of the school board secretary sealed and unavailable for review by individual school board members, until the time set for a hearing.
At the same time that the report is filed with the school board's secretary, the superintendent must send a copy of the report to the student's parent or to the student if the student is 18 years of age or older or is an emancipated minor.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:04 - Expulsion procedure › Section 24:07:04:02 - Notice of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the superintendent finds grounds for expulsion from one or more classes or from school, the superintendent may exclude the student immediately by using the short-term suspension procedure in §
									24:07:02:01. The superintendent shall give a written notice to one or both of the student's parents or to a student who is 18 years of age or older or an emancipated minor. The notice must contain the following information at a minimum:
(1) The rule, regulation, or policy allegedly violated;
(2) The reason for the disciplinary proceedings;
(3) Notice of the right to request a hearing;
(4) A description of the hearing procedure;
(5) A statement that the student's records are available at the school for examination by the student's parent or parents or another authorized representative;
(6) A statement that the student may present witnesses; and
(7) A statement that the student may be represented by an attorney.
The superintendent shall set the date, time, and place for the school board hearing. The superintendent shall send notice of the hearing to each school board member by first class mail and to the student's parent or to a student who is 18 years of age or older or an emancipated minor by certified mail, return receipt requested. If the superintendent recommends expulsion, the school board must act on the recommendation before it is implemented.
General Authority:
SDCL  13-32-4.
Law Implemented:
SDCL  13-32-4,  13-32-4.2.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:07 - Student due process › Chapter 24:07:04 - Expulsion procedure › Section 24:07:04:03 - Right of waiver

Current through Register Vol. 51, page 10, July 15, 2024
The student, if of the age of majority or emancipated, or the student's parent may waive the right to a hearing in writing to the superintendent. If the hearing is not waived, the hearing shall be held on the date and at the time and place set in the hearing notice unless a different date, time, and place are agreed to by the parties. If the hearing is waived in writing, the school board may consider the matter at a regular or special meeting without further notice to the student or the student's parents.
General Authority:
SDCL  13-1-12.1.
Law Implemented:
SDCL  13-32-1,  13-32-4.