reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:08.13 - Dismissal of complaint or initiation of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the district is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented using the procedures in §
									24:05:25:17, the district may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent's due process complaint.
If the district fails to hold the resolution meeting specified in §
									24:05:30:08.09 within 15 days of receiving notice of a parent's due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:08.14 - Adjustments to 30-day resolution period

Current through Register Vol. 51, page 10, July 15, 2024
The 45-day timeline for the due process hearing described in this chapter starts the day after one of the following events:
(1) Both parties agree in writing to waive the resolution meeting;
(2) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or
(3) If, after both parties agree in writing to continue the mediation at the end of the 30-day resolution period, the parent or district withdraws from the mediation process.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:08.15 - Written settlement agreement

Current through Register Vol. 51, page 10, July 15, 2024
If a resolution to the dispute is reached at the meeting described in §§
									24:05:30:08.09 and 24:05:30:08.10, the parties shall execute a legally binding agreement that is:
(1) Signed by both the parent and a representative of the district who has the authority to bind the district; and
(2) Enforceable in any state court of competent jurisdiction or in a district court of the United States.
If the parties execute an agreement pursuant to this section, a party may void the agreement within three business days of the agreement's execution.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09 - Mediation

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall ensure that procedures are established and implemented to allow parties to disputes involving any matter under this article, including matters arising before the filing of a due process complaint, to resolve disputes through a mediation process. Procedures for mediation are as follows:
(1) The district shall ensure that mediation is viewed as voluntary and freely agreed to by both parties and is in no way used to deny or delay an aggrieved party's right to a hearing on a parent's due process complaint, or to deny any other rights afforded under this article; and
(2) The mediation conference is an intervening, informal process conducted in a nonadversarial atmosphere that is scheduled in a timely manner and held in a location that is convenient to the parties in the dispute.
The state shall bear the cost of the mediation process, including the costs of meetings described in § 24:05:30:09.02.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09.01 - Mediator - Qualified and impartial

Current through Register Vol. 51, page 10, July 15, 2024
The mediation process shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. Mediators shall be selected on a random, rotational, or other impartial basis. An individual who serves as a mediator:
(1) May not be an employee of:
(a) Any school district or state agency that is involved in the education or care of the child; or
(b) The department, if the department is providing direct services to a child who is the subject of the mediation process; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09.02 - Meeting to encourage mediation

Current through Register Vol. 51, page 10, July 15, 2024
A school district may establish procedures to offer to parents and schools who elect not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party:
(1) Who is under contract with a parent training and information center or community parent resource center in the state, or an appropriate alternative dispute resolution entity; and
(2) Who would explain the benefits of the mediation process and encourage the parents to use the process.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09.03 - Mediation agreement

Current through Register Vol. 51, page 10, July 15, 2024
If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that:
(1) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any federal court or state court; and
(2) Is signed by both the parent and a representative of the district who has the authority to bind the district.
A written, signed mediation agreement under this section is enforceable in any state court of competent jurisdiction or in a district court of the United States.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09.04 - Impartial due process hearing

Current through Register Vol. 51, page 10, July 15, 2024
If a due process complaint is received under this chapter, chapter 24:05:26, or chapter 24:05:26.01, the parents or the district involved in the dispute shall have an opportunity for an impartial due process hearing, consistent with the procedures in this article.
The department is responsible for ensuring that a due process hearing is held.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09.05 - Subject matter of due process hearings

Current through Register Vol. 51, page 10, July 15, 2024
The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the due process complaint filed under this chapter, unless the other party agrees otherwise.
A parent may file a separate due process complaint on an issue separate from a due process complaint already filed.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:09.06 - Timeline for requesting a due process hearing

Current through Register Vol. 51, page 10, July 15, 2024
A parent or district shall request an impartial hearing on their due process complaint within two years of the date the parent or district knew or should have known about the alleged action that forms the basis of the due process complaint.
The timeline described in this section does not apply to a parent if the exceptions in §
									24:05:30:07.02 exist.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:10 - Impartial hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
A hearing may not be conducted by a person who is an employee of the department or a school district which is involved in the education or care of the child or by any person having a personal or professional interest that conflicts with the person's objectivity in the hearing.
A hearing officer shall:
(1) Possess knowledge of, and the ability to understand, the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts;
(2) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
(3) Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
An individual who otherwise qualifies to conduct a hearing is not an employee of the department solely because the individual is paid by the department to serve as a hearing officer.
Each school district shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:10.01 - Decision of hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
Subject to the provisions of this section, a hearing officer's determination of whether a child received FAPE shall be based on substantive grounds.
In matters alleging a procedural violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies:
(1) Impeded the child's right to a FAPE;
(2) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or
(3) Caused a deprivation of educational benefit.
Nothing in this section precludes a hearing officer from ordering a district to comply with procedural requirements under this chapter, chapter 24:05:26, and chapter 24:05:26.01.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:11 - Appeal of hearing decision - Civil action

Current through Register Vol. 51, page 10, July 15, 2024
Any party aggrieved by the decision of the hearing officer under this chapter or chapters 24:05:26 and 24:05:26.01 may bring a civil action with respect to a due process complaint notice requesting a due process hearing under the Individuals with Disabilities Education Act, 20 U.S.C. §
										1415 (i)(2). A civil action may be filed in either state or federal court without regard to the amount in controversy. The party bringing the action has 90 days from the date of a hearing officer's decision to file a civil action. In any action brought under this section, the court:
(1) Shall review the records of the administrative proceedings;
(2) Shall hear additional evidence at the request of a party; and
(3) Basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be appropriate.
Nothing in Part B of the Individuals with Disabilities Education Act restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990 as amended to July 1, 2013, Title V of the Rehabilitation Act of 1973 as amended to July 1, 2013, or other federal laws protecting the rights of children with disabilities. However, before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the procedures under this chapter for filing a due process complaint must be exhausted to the same extent as would be required had the action been brought under section 615 of 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 24:05:30 - Procedural safeguards › Section 24:05:30:11.01 - Reasonable attorneys' fees

Current through Register Vol. 51, page 10, July 15, 2024
In any action or proceeding brought under 20 U.S.C. §
										1415, the court, in its discretion, may award reasonable attorneys' fees under 20 U.S.C. §
										1415 (i)(3) as in effect on December 3, 2004, as part of the cost to the prevailing party who is the parent of a child with a disability; to the prevailing party who is the state or district against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or to the prevailing party who is the state or district against the attorney of a parent, or against the parent, if the parent's request for a due process hearing or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.
Funds under Part B of the Individuals with Disabilities Education Act may not be used to pay attorneys fees or costs of a party related to an action or proceeding under section 615 of the IDEA and this chapter. This does not preclude a district from using IDEA, Part B funds for conducting an action or proceeding under section 615 of IDEA.
A court shall award reasonable attorneys' fees under section 615(i)(3) of the IDEA consistent with the following:
(1) Fees awarded under section 615(i)(3) of the IDEA must be based on rates prevailing in the community in which the action or proceeding arose for the kind and quality of services furnished. No bonus or multiplier may be used in calculating the fees awarded under this section;
(2) Attorneys' fees may not be awarded and related costs may not be reimbursed in any action or proceeding under section 615 of the IDEA for services performed subsequent to the time of a written offer of settlement to a parent if:
(a) The offer is made within the time prescribed by Rule 68 of the Federal Rules of Civil Procedure (1987) or, in the case of an administrative proceeding, at any time more than 10 days before the proceeding begins;
(b) The offer is not accepted within 10 days; and
(c) The court or administrative hearing officer finds that the relief finally obtained by the parents is not more favorable to the parents than the offer of settlement;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:12 - Hearing rights

Current through Register Vol. 51, page 10, July 15, 2024
Any party to a hearing, under this chapter or chapters 24:05:26 and 24:05:26.01, has the right to:
(1) Be accompanied and advised by counsel and by individuals with special knowledge or training concerning the problems of children with disabilities, except that neither party has the right to be represented by a nonattorney at a hearing;
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing;
(4) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing; and
(5) Obtain written or, at the option of the parents, electronic findings of fact and decisions. The public agency shall transmit those findings and decisions, after deleting any personally identifiable information, to the state advisory counsel and shall make those findings and decisions available to the public.
Parents involved in hearings must be given the right to have the child who is the subject of the hearing present and open the hearing to the public. The record of the hearing and the findings of fact and decisions must be provided at no cost to the parents.
General Authority:
SDCL  13-37-1.1,  16-18-1.
Law Implemented:
SDCL  13-37-1.1,  16-18-1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:12.01 - Additional disclosure of information

Current through Register Vol. 51, page 10, July 15, 2024
At least five business days prior to a hearing conducted under this chapter, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering partys evaluations that the party intends to use at the hearing. A hearing officer may bar any party that fails to comply with this section from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:13 - Time limit for and convenience of hearings

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure that not later than 45 calendar days after the expiration of the 30-day period under §
									24:05:30:08.12 or adjusted time period described in §
									24:05:30:08.14, a final decision is reached on the hearing and a copy of the decision is mailed to each of the parties. A hearing officer may grant specific extensions of time beyond the periods set out in this section at the request of either party. Each hearing must be conducted at a time and place which is reasonably convenient to the parents and child involved.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:14 - Child's status during proceedings

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in chapters 24:05:26 and 24:05:26.01, during the pendency of any administrative hearing or judicial proceeding regarding a due process complaint notice requesting a due process hearing pursuant to this chapter, the child involved must remain in the present educational placement unless the state or school district and the parents agree otherwise. If the complaint involves an application for initial admission to public school, the child, with the consent of the parents, must be placed in the public school program until the completion of all the proceedings.
If the complaint involves an application for initial services under this article from a child who is transitioning from Part C of the IDEA to Part B and is no longer eligible for Part C services because the child has turned three, the district is not required to provide the Part C services that the child had been receiving. If the child is found eligible for special education and related services under Part B and the parent consents to the initial provision of special education and related services, then the district must provide those special education and related services that are not in dispute between the parent and the district.
If the decision of a hearing officer in a due process hearing agrees with the child's parents that a change of placement is appropriate, that placement must be treated as an agreement between the state and the parents for purposes of pendency.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:15 - Surrogate parents

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall establish procedures for the assignment of a surrogate parent to ensure that the rights of a child are protected if no parent, as defined in §
									24:05:13:04, can be identified and the district, after reasonable effort, cannot locate a parent or if the child is a ward of the state or the child is an unaccompanied homeless youth as defined in section 725(6) of the McKinney-Vento Homeless Assistance Act, as amended to January 1, 2009. A district's method for determining whether a child needs a surrogate parent must include the following:
(1) The identification of staff members at the district or building level responsible for referring students in need of a surrogate parent;
(2) The provision of in-service training on the criteria in this section for determining whether a child needs a surrogate parent; and
(3) The establishment of a referral system within the district for the appointment of a surrogate parent.
If a child is a ward of the state, the surrogate parent alternatively may be appointed by the judge overseeing the child's case, if the surrogate meets the requirements of this section.
The district superintendent or designee shall appoint surrogate parents.
The district shall ensure that a person selected as a surrogate has no personal or professional interest that conflicts with the interest of the child the surrogate represents and has knowledge and skills that ensure adequate representation of the child. The district is responsible for the training and certification of surrogate parents and shall maintain a list of persons who may serve as surrogate parents.
A person assigned as a surrogate may not be an employee of the department, district, or any other agency that is involved in the education or care of the child.
If a child is an unaccompanied homeless youth, appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs may be appointed as temporary surrogate parents, without regard to the nonemployee provision above, until a surrogate parent can be appointed who meets all of the requirements of this section.
A person who otherwise qualifies to be a surrogate under the provisions of this section is not an employee of the agency solely because the person is paid by the agency to serve as a surrogate parent.
The surrogate parent may represent the student in all matters relating to the identification, evaluation, educational placement, and provision of FAPE to the students.
The department shall make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a district determines that the child needs a surrogate parent.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1, 13-37-2.113-37-27.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:30 - Procedural safeguards › Section 24:05:30:16.01 - Transfer of parental rights

Current through Register Vol. 51, page 10, July 15, 2024
Consistent with state law, when a child with a disability reaches the age of majority that applies to all children, except for an eligible child who has been determined to be incompetent, the following shall occur:
(1) The school district shall provide any notice required by this article to both the individual and the parents;
(2) All other rights accorded to parents under this article transfer to the child; and
(3) All rights accorded to parents under this article transfer to children who are incarcerated in an adult or juvenile, state, or local correctional institution.
If a state transfers rights under this section, the school district shall notify the individual and the parents of the transfer of rights. If, consistent with state law, an eligible child is determined not to have the ability to provide informed consent with respect to the educational program of the child, the school district shall appoint the parent or, if the parent is not available, another appropriate individual to represent the educational interests of the child throughout the childs eligibility 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 24:05:31 - Private school placement › Section 24:05:31:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this chapter apply to eligible children who are or have been placed in or referred to a private school or facility by a school district as a means of providing special education or special education and related services and to eligible children placed in private schools by their parents when FAPE is at issue.
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 24:05:31 - Private school placement › Section 24:05:31:02 - Responsibility of department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure that an eligible child who is placed in or referred to a private school or facility by a school district is provided special education or special education and related services in conformance with an individual educational program which meets the requirements of this article at no cost to the parents and is provided an education which meets the standards that apply to state and local school districts, including the requirements in this chapter, with the exception of requiring qualified special education teachers. The eligible child has all of the rights of a child with a disability served by a school district.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:31 - Private school placement › Section 24:05:31:03 - Implementation by department

Current through Register Vol. 51, page 10, July 15, 2024
The department shall do the following to implement this chapter:
(1) Monitor compliance with this chapter through procedures such as written reports, on-site visits, and parent questionnaires;
(2) Disseminate copies of this chapter to each private school and facility to which a public agency has referred or placed an eligible child; and
(3) Provide an opportunity for those private schools and facilities to participate in the development and revision of state standards which apply to them.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:31 - Private school placement › Section 24:05:31:04 - Placement of children by parents

Current through Register Vol. 51, page 10, July 15, 2024
If an eligible child has available a free appropriate public education and the parents choose to place the child in a private school or facility, the public agency is not required by this chapter to pay for the child's education, including special education and related services, at the private school or facility. However, the public agency must include the child in the population whose needs are addressed consistent with chapter 24:05:32.
Disagreements between a parent and a public agency regarding the availability of a program appropriate for the child and the question of financial responsibility are subject to the due process procedures.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Procedural safeguards, ch 24:05:30.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:31 - Private school placement › Section 24:05:31:05 - Reimbursement for private school placement

Current through Register Vol. 51, page 10, July 15, 2024
If the parents of an eligible child, who previously received special education and related services under the authority of a school district, enroll the child in a private preschool, elementary, or secondary school without the consent of or referral by the school district, a court or a hearing officer may require the school district to reimburse the parents for the cost of that enrollment if the court or hearing officer finds that the school district has not made a free appropriate public education available to the child in a timely manner before that enrollment and that the private placement is appropriate. A parental placement may be found to be appropriate by a hearing officer or a court even if it does not meet the state standards that apply to education provided by the state and districts.
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 24:05:31 - Private school placement › Section 24:05:31:06 - Limitation on reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
The cost of reimbursement described in §
									24:05:31:05  may be reduced or denied if:
(1) At the most recent individualized education program team meeting that the parents attended before removal of the child from the public school:
(a) The parents did not inform the individualized education program team that they were rejecting the placement proposed by the school district to provide a free appropriate public education to their child, including stating their concerns and their intent to enroll their child in a private school at public expense; or
(b) At least ten business days, including any holidays that occur on a business day, before the removal of the child from the public school, the parents did not give written notice to the school district of the information described in subsection (a);
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:31 - Private school placement › Section 24:05:31:07 - Exceptions to limitation on reimbursement

Current through Register Vol. 51, page 10, July 15, 2024
Notwithstanding the notice requirements in §
									24:05:31:06, the cost of reimbursement may not be reduced or denied for failure to provide notice if:
(1) Compliance with §
									24:05:31:06  would likely result in physical harm to the child;
(2) The school prevented the parent from providing the notice; or
(3) The parents had not received notice, pursuant to chapter 24:05:30, of the notice requirement in §
									24:05:31:06.
In addition, the cost of reimbursement, may, in the discretion of the court or a hearing officer, not be reduced or denied for failure to provide this notice if the parents are not literate or cannot write in English or if compliance with this section would likely result in serious emotional harm to the child.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:01 - Responsibility of department

Current through Register Vol. 51, page 10, July 15, 2024
The department is responsible for ensuring the participation of eligible parentally-placed private school children in the program assisted or carried out under this article consistent with their number and location by providing them with special education and related services in accordance with this chapter including direct services, unless the U.S. Secretary of Education has arranged for services under the by-pass procedures in Part B of IDEA. The department shall ensure that a services plan is developed and implemented for each private school child with a disability who has been designated by the district in which a private school is located to receive special education and related services under this chapter. For purposes of this chapter, the term, parentally-placed private school children with disabilities, means children with disabilities enrolled by their parents in private, including religious, schools or facilities that meet the state definition of elementary school or secondary school, other than children with disabilities covered under chapter 24:05:31.
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 24:05:32:01.01 - Child find

Current through Register Vol. 51, page 10, July 15, 2024
Each district shall establish a child find process to locate, identify, and evaluate all private school children with disabilities, including religious elementary and secondary school children and children receiving alternative instruction under SDCL  13-27-3 in schools located in the school district served by the district. The activities undertaken to carry out the responsibility for private school children with disabilities must be similar to activities undertaken for children with disabilities in public schools.
The child find process shall be designed to ensure:
(1) The equitable participation of parentally-placed private school children; and
(2) An accurate count of those children.
The child find process shall be completed in a time period comparable to that for students attending public schools in the district consistent with this article.
Each school district in which private, including religious, elementary schools and secondary schools are located shall, in carrying out the child find requirements in this section, include parentally-placed private school children who reside in a state other than the state in which the private schools that they attend are located.
Each school district shall maintain in its records, and provide to the department, the following information related to parentally-placed private school children covered under this chapter: the number of children evaluated; the number of children determined to be children with disabilities; and the number of children served.
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 24:05:32:01.02 - Expenditures

Current through Register Vol. 51, page 10, July 15, 2024
To meet the requirements of §
									24:05:32:01, each school district must spend the following amounts on providing special education and related services including direct services to parentally-placed private school children with disabilities:
(1) For children aged 3 to 21, inclusive, an amount that is the same proportion of the school districts total subgrant under Part B of the Individuals with Disabilities Education Act as the number of private school children with disabilities aged 3 to 21, inclusive, who are enrolled by their parents in private, including religious, elementary schools and secondary schools located in the school district served by the district is to the total number of children with disabilities in its jurisdiction aged 3 to 21, inclusive; and
(2) For children aged 3 to 5, inclusive, an amount that is the same proportion of the school district's total subgrant under Section 619, Preschool, of the Individuals with Disabilities Education Act as the number of private school children with disabilities aged 3 to 5, inclusive, who are enrolled by their parents in private, including religious, elementary schools located in the school district served by the district is to the total number of children with disabilities in its jurisdiction aged 3 to 5, inclusive.
If a district has not expended for equitable services all of the funds described in this section by the end of the fiscal year for which Congress appropriated the funds, the district shall obligate the remaining funds for special education and related services, including direct services, to parentally-placed private school children with disabilities during a carry-over period of one additional year.
In calculating the proportionate amount of federal funds to be provided for parentally-placed private school children with disabilities, the district, after timely and meaningful consultation with representatives of private schools, shall conduct a thorough and complete child find process to determine the number of parentally-placed children with disabilities attending private schools located in the district.
State and local funds may supplement and in no case supplant the proportionate amount of federal funds required to be expended for parentally-placed private school children with disabilities under 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 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:01.03 - Child count

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall:
(1) After timely and meaningful consultation with representatives of parentally-placed private school children, determine the number of eligible children attending private schools located in the district; and
(2) Ensure that the count is conducted on any date between October 1 and December 1, inclusive, of each year.
The child count must be used to determine the amount that the school district must spend on providing special education and related services to private school children with disabilities in the next subsequent fiscal year. Expenditures for child find activities described in §
										24:05:32:01.01, including individual evaluations, may not be considered in determining whether the school district or other public agency has met the requirements of §
										24:05:32:01.02. State and local educational agencies are not prohibited from providing services to private school children with disabilities in excess of those required by this section consistent with state law or local policy.
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 24:05:32:01.04 - No individual right to special education and related services

Current through Register Vol. 51, page 10, July 15, 2024
No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would receive if enrolled in a public school. Decisions about the services that will be provided to eligible private school children with disabilities under this chapter must be made in accordance with §§
									24:05:32:01.06 and 24:05:32:03.01. The school district shall make the final decisions with respect to the services to be provided to eligible parentally-placed private school children.
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 24:05:32:01.05 - Consultation

Current through Register Vol. 51, page 10, July 15, 2024
To ensure timely and meaningful consultation, a school district, or, if appropriate, the department shall consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities during the design and development of special education and related services for the children regarding the following:
(1) The child find process, including:
(a) How parentally-placed private school children suspected of having a disability can participate equitably; and
(b) How parents, teachers, and private school officials will be informed of the process;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:01.06 - Written affirmation

Current through Register Vol. 51, page 10, July 15, 2024
When timely and meaningful consultation, as required by §
									24:05:32:01.05, has occurred, the district shall obtain a written affirmation signed by the representatives of participating private schools.
If the representatives do not provide the affirmation within a reasonable period of time, the district shall forward the documentation of the consultation process to the department.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:01.07 - Compliance

Current through Register Vol. 51, page 10, July 15, 2024
A private school official has the right to submit a complaint to the department that the school district did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the private school official.
If the private school official wishes to submit a complaint, the official shall provide to the department the basis of the noncompliance by the district with the applicable private school provisions in this chapter. The district shall forward the appropriate documentation regarding its consultation process to the department.
If the private school official is dissatisfied with the decision of the department, the official may submit a complaint to the U. S. secretary of education by providing the information on noncompliance described in this section. The department shall forward the appropriate documentation regarding the state's decision on the complaint to the U.S. secretary of education.
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 24:05:32:03.01 - Services plan

Current through Register Vol. 51, page 10, July 15, 2024
If a child with a disability is enrolled in a religious or other private school, by the child's parent, and will receive special education or related services from the district, the district shall:
(1) Initiate and conduct meetings to develop, review, and revise a services plan for the child, in accordance with §
									24:05:32:03.02; and
(2) Ensure that a representative of the religious or other private school attends each meeting. If the representative cannot attend, the district shall use other methods to ensure participation by the private school, including individuals or conference telephone calls.
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 24:05:32:03.02 - Services provided

Current through Register Vol. 51, page 10, July 15, 2024
The services provided to parentally-placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities are not required to meet the qualified special education teacher requirements of this article. Private school children with disabilities may receive a different amount of services than children with disabilities in public schools. No private school child with a disability is entitled to any service or to any amount of a service the child would receive if enrolled in a public school. Each private school child with a disability who has been designated to receive services under this chapter, must have a services plan that describes the specific special education and related services that the district will provide to the child in light of the services that the district has determined, through the process described in this chapter, it will make available to private school children with disabilities. The services plan must to the extent appropriate:
(1) Meet the IEP content requirements with respect to the services provided; and
(2) Be developed, reviewed, and revised consistent with the IEP provisions in this article.
The provision of services pursuant to this chapter shall be provided by employees of a school district, or through contract by the school district with an individual, association, agency, organization, or other entity.
Special education and related services provided to parentally-placed private school children with disabilities, including materials and equipment, shall be secular, neutral, and nonideological.
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 24:05:32:03.03 - Location of services and transportation

Current through Register Vol. 51, page 10, July 15, 2024
Services provided to eligible parentally-placed private school children may be provided on the premises of a child's private school, including a religious school, to the extent consistent with state law. If necessary for the child to benefit from or participate in the services provided under this chapter, a private school child with a disability must be provided transportation:
(1) From the child's school or the child's home to a site other than the private school; and
(2) From the service site to the private school, or to the child's home, depending on the timing of the services.
Districts are not required to provide transportation from the child's home to the private school. The cost of transportation described in this section may be included in calculating whether the district has met the requirement of §
										24:05:32:01.02.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:32 - Voluntary enrollment in nonpublic schools › Section 24:05:32:03.04 - Complaints

Current through Register Vol. 51, page 10, July 15, 2024
The due process hearing and mediation procedures in chapter 24:05:30 do not apply to complaints that a school district has failed to meet the requirements of this chapter, including the provision of services indicated on the child's service plan. The due process hearing and mediation procedures in chapter 24:05:30 apply to complaints that the district has failed to meet the child find requirements in §
									24:05:32:01.01, including the parent consent and evaluation requirements in this article. Any due process complaint regarding the child find requirements shall be filed with the school district in which the private school is located and a copy shall be forwarded to the department. Complaints that the department or a school district has failed to meet the requirements of this chapter may be filed under the procedures in chapter 24:05:15 consistent with the procedures in §
									24:05:32:01.07.
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 24:05:32:11 - Proscribed use of funds

Current through Register Vol. 51, page 10, July 15, 2024
A school district may not use IDEA Section 619 Preschool or Part B funds for classes that are organized separately on the basis of school enrollment or religion of the students if the classes are at the same site and the classes include students enrolled in public schools and students enrolled in private schools.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.