reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:09 - Project evaluation and monitoring

Current through Register Vol. 51, page 10, July 15, 2024
The department shall annually evaluate projects approved under the Individuals with Disabilities Education Act, Part B, through the review and analysis of required reports submitted by local education agencies including information on the use of Part B funds and the performance of children with disabilities on state performance indicators and goals. In addition, the department's special education program staff shall review the implementation of local education agency Part B projects during the state's monitoring 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 24:05:20 - Eligibility for federal funds › Section 24:05:20:10 - Consolidated requests

Current through Register Vol. 51, page 10, July 15, 2024
The department may require local education agencies to submit a consolidated request for payments under the Individuals with Disabilities Education Act, Part B, if it determines that an individual request will be disapproved because the local education agency is unable to establish and maintain programs of sufficient size and scope to effectively meet the educational needs of children with disabilities.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:11 - Size and scope of program.Repealed

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:12 - Additional requirements for consolidated requests

Current through Register Vol. 51, page 10, July 15, 2024
In addition to the requirements of §§
									24:05:20:01  to 24:05:20:11, inclusive, the following provisions are applicable. The department shall also annually notify those districts within the state that may be required to submit a consolidated request:
(1) A consolidated request must meet the same minimum requirements as a single district request and must be signed by the superintendent of each participating school district;
(2) School districts participating in a consolidated request are jointly responsible for implementing a program of free appropriate public education for all their students with disabilities, including the least restrictive environment requirements;
(3) Noncompliance with the Individuals with Disabilities Education Act, Part B requirements by any single school district participating in a consolidated request constitutes noncompliance by all districts involved;
(4) Each school district participating in a consolidated request must use an accounting system that permits identification of the costs paid for under its subgrant;
(5) Excess cost for a consolidated request shall be computed on the basis of the average of the combined minimum amounts each school district spends for elementary and secondary school students; and
(6) The state may not make a subgrant that exceeds the sum of the entitlements of the separate local education agencies.
The provisions of this section only apply to the submission of a consolidated request for Individuals with Disabilities Education Act, Part B funds. They are not applicable to the establishment of cooperative educational service units.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:13 - Direct service by department

Current through Register Vol. 51, page 10, July 15, 2024
The department may not distribute funds to a local education agency if the local education agency, in any fiscal year, meets any one of the following conditions:
(1) Has not provided the information needed to establish the eligibility of the district or state agency, or elected not to apply for its Part B allotment, under Part B of the IDEA;
(2) Is unable to establish and maintain programs of free appropriate public education that meet the requirements of this article;
(3) Is unable or unwilling to be consolidated with one or more local educational agencies in order to establish and maintain those programs; or
(4) Has one or more children with disabilities who can best be served by a regional or state program or service-delivery system designed to meet the needs of those children.
The department shall use undistributed funds to ensure a free appropriate public education to children with disabilities residing in the area served by the local education agency. If the local allotment is not sufficient to ensure FAPE, the department may use whatever funding sources are available in the state to meet the FAPE requirements.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:14 - Direct services

Current through Register Vol. 51, page 10, July 15, 2024
The department may provide special education and related services directly by contract or through other arrangements and at locations it considers appropriate. The excess cost requirements do not apply to the department. The manner in which the education and services are provided must be consistent with the requirements of the Individuals with Disabilities Education Act, Part B, 34 C.F.R. Part 300, including the least restrictive environment provisions.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:14.01 - Excess cost requirements defined

Current through Register Vol. 51, page 10, July 15, 2024
"Excess costs" are those costs that are in excess of the average annual per student expenditure in a local education agency during the preceding school year for an elementary or secondary school student.
Excess costs must be computed after deducting amounts received under Part B of IDEA; Part A of Title I of the Elementary and Secondary Act of 1965 as amended to January 1, 2007, or under Parts A and B of Title III of that Act; and any state or local funds expended for programs that would qualify for assistance under any of those parts but excluding any amounts for capital outlay or debt service.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:18 - Program monitoring and evaluation

Current through Register Vol. 51, page 10, July 15, 2024
In conjunction with its general supervisory responsibility under the Individuals with Disabilities Education Act, Part B, the special education programs of the Office of Educational Services and Support shall monitor agencies, institutions, and organizations responsible for carrying out special education programs in the state, including any obligations imposed on those agencies, institutions, and organizations.
The department shall ensure:
(1) That the requirements of this article are carried out;
(2) That each educational program for children with disabilities administered within the state, including each program administered by any other state or local agency, but not including elementary schools and secondary schools for Indian children operated or funded by the Secretary of the Interior:
(a) Is under the general supervision of the persons responsible for educational programs for children with disabilities in the department; and
(b) Meets the educational standards of the state education agency, including the requirements of this article; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:18.01 - State monitoring - Primary focus

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor the implementation of this article, enforce this article in accordance with §§
									24:05:20:23.03 and 24:05:20:23.04 and annually report on performance under this article. The primary focus of the department's monitoring activities shall be on:
(1) Improving educational results and functional outcomes for all children with disabilities; and
(2) Ensuring that public agencies meet the program requirements under Part B of the IDEA, with a particular emphasis on those requirements that are most closely related to improving educational results for children with disabilities.
As a part of its responsibilities under this section, the department shall use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in §
										24:05:20:18.02 and the indicators established by the U.S. Secretary of Education for the state performance plan.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:18.02 - State monitoring - Quantifiable indicators and priority areas

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor school districts using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in those areas:
(1) Provision of FAPE in the least restrictive environment;
(2) Department exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in this article and article 24:14; and
(3) Disproportionate representation of racial and ethnic groups in special education and related services, to the extent the representation is the result of inappropriate identification.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:18.03 - State performance plan - General

Current through Register Vol. 51, page 10, July 15, 2024
The department shall have in place a performance plan that evaluates the state's efforts to implement the requirements and purposes of Part B of the IDEA, and describes how the department will improve such implementation.
The department shall submit the state's performance plan to the U.S. Secretary of Education for approval in accordance with the approval process described in Part B of the IDEA.
The department shall review its state performance plan at least once every six years, and submit any amendments to the U. S. Secretary of Education.
As part of the state performance plan, the department shall establish measurable and rigorous targets for the indicators established by the U. S. Secretary of Education under the priority areas described in §
									24:05:20:18.02.
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 24:05:20 - Eligibility for federal funds › Section 24:05:20:18.04 - State performance plan - Data collection

Current through Register Vol. 51, page 10, July 15, 2024
The department shall collect valid and reliable information as needed to report annually to the U.S. Secretary of Education on the indicators established by the U. S. Secretary of Education for the state performance plan.
If the U. S. Secretary of Education permits the department to collect data on specific indicators through state monitoring or sampling, and the department collects the data through state monitoring or sampling, the department shall collect data on those indicators for each school district at least once during the period of the state performance plan.
Nothing in Part B of the IDEA authorizes the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under Part B of the IDEA.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:18.05 - State use of targets and reporting

Current through Register Vol. 51, page 10, July 15, 2024
The department shall use the targets established in the state's performance plan and the priority areas described in §
									24:05:20:18.02 to analyze the performance of each school district.
The department shall:
(1) Report annually to the public on the performance of each school district on the targets in the state performance plan as soon as practicable but no later than 120 days following the department's submission of its annual performance report to the U.S. Secretary of Education; and
(2) Make the state performance plan, annual performance reports, and the department's annual reports on the performance of each local education agency available through public means, including by posting on the website of the department, distribution to the media, and distribution through public agencies.
If the department collects performance data through state monitoring or sampling, the department shall include in its report the most recently available performance data on each district, and the date the data were obtained.
The department shall report annually to the U.S. Secretary of Education on the performance of the state under the state performance plan.
The department may not report to the public or the U.S. Secretary of Education any information on performance that would result in the disclosure of personally identifiable information about individual children, or that is insufficient to yield statistically reliable information.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:18.06 - Public attention

Current through Register Vol. 51, page 10, July 15, 2024
If the department receives notice that the U.S. Secretary of Education is proposing to take or is taking an enforcement action against the department, the department shall, by means of a public notice, take such actions as may be necessary to notify the public of the pendency of such an action, including, at a minimum, by posting the notice on the department's website and distributing the notice to the media and through public agencies.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:19 - Collection and analysis of data

Current through Register Vol. 51, page 10, July 15, 2024
The department shall collect and analyze information sufficient to identify any deficiency of a public or private agency providing services to eligible children within the state.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:20 - Deficiency correction procedures

Current through Register Vol. 51, page 10, July 15, 2024
The department shall require local education agencies to correct deficiencies in program operations that are identified through monitoring as soon as possible, but no later than one year from written identification of the deficiency. The department shall order agencies to take corrective actions and to submit a plan for achieving and documenting full compliance.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:23 - Compliance

Current through Register Vol. 51, page 10, July 15, 2024
If a school district either fails to voluntarily take steps to correct an identified deficiency or fails to take any of the corrective actions specified by the department or incorporated in a corrective action plan submitted by the school district and approved by the department, the department must notify the school district of the following:
(1) The failure to voluntarily correct an identified deficiency constitutes a failure on their part to administer their special education program in compliance with federal law;
(2) The actions the department intends to take in order to enforce compliance with state and federal law;
(3) The right to a hearing prior to the department's exercise of its enforcement responsibility; and
(4) The consequence the department's enforcement action would have on continued and future state and federal funding of that school district's special education programs.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:23.01 - Hearings on eligibility for federal funds

Current through Register Vol. 51, page 10, July 15, 2024
The applicant's chief executive officer may file a hearing request as follows:
(1) The applicant must request the hearing within 30 days after the action of the department;
(2) Within 30 days after it receives a request, the department shall hold a hearing on the record pursuant to SDCL chapter 1-26 and shall review its action;
(3) No later than 10 days after the hearing the department shall issue its written ruling, including findings of fact and reasons for the ruling;
(4) If the department determines that its action was contrary to state or federal statutes or rules that govern the applicable program, the department shall rescind its action;
(5) If the department does not rescind its final action after a review, the applicant may appeal to the U. S. secretary of education. The applicant shall file a notice of the appeal with the U. S. secretary of education within 20 days after the applicant has been notified by the department of the results of the department's review. If supported by substantial evidence, the decision of the department is final;
(6) The U.S. secretary of education may also issue interim orders to the department as necessary and appropriate pending appeal or review; and
(7) If the U.S. secretary of education determines that the action of the department was contrary to the Individuals with Disabilities Education Act and implementing regulations, the secretary shall issue an order to the department to take appropriate action.
The department shall make available to the applicant during regular business hours all records of the department pertaining to any review or appeal it is conducting under this section, including records of other applicants.
If the department does not comply with any provision of this section, or with any order of the U.S. secretary of education, the secretary shall immediately terminate all assistance to the department under the Individuals with Disabilities Education Act or issue such other orders deemed appropriate to achieve compliance.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:23.02 - Public notice by school district

Current through Register Vol. 51, page 10, July 15, 2024
Any school district in receipt of a notice described in §
									24:05:20:23  shall, by means of public notice, take the measures necessary to bring the pendency of an action pursuant to §
									24:05:20:23  to the attention of the public within the jurisdiction of the district.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:23.03 - State enforcement - General

Current through Register Vol. 51, page 10, July 15, 2024
If the department determines that a school district is not meeting the requirements of Part B of the IDEA, including the targets in the state's performance plan, the department shall prohibit the district from reducing the district's maintenance of effort under chapter 24:05:19 for any fiscal year.
Nothing in this chapter restricts the department from using any other authority available to it to monitor and enforce the requirements of Part B of the IDEA.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:20 - Eligibility for federal funds › Section 24:05:20:23.04 - State enforcement - Determinations

Current through Register Vol. 51, page 10, July 15, 2024
On an annual basis, based on local district performance data, information obtained through monitoring visits, and other information available, the department shall determine whether each school district meets the requirements and purposes of Part B of the IDEA. If the department determines, for two consecutive years, that a school district needs assistance in implementing the requirements of Part B of the IDEA, the department shall take one or more of the following actions:
(1) Advise the district of available sources of technical assistance that may help the district address the areas in which the district needs assistance. Assistance may include assistance from the department's special education programs, other offices of the department, other state agencies, technical assistance providers approved by the department, and other federally-funded nonprofit agencies. The department shall require the district to work with appropriate entities. Such technical assistance may include:
(a) The provision of advice by experts to address the areas in which the district needs assistance, including explicit plans for addressing the area for concern within a specified period of time;
(b) Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically-based research;
(c) Designating and using distinguished superintendents, principals, special education administrators, special education teachers, and other teachers to provide advice, technical assistance, and support; and
(d) Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under Part D of the IDEA, and private providers of scientifically-based technical assistance; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:21 - Comprehensive plans › Section 24:05:21:01 - Local education agency comprehensive plans - Contents

Current through Register Vol. 51, page 10, July 15, 2024
Each local education agency must have a current comprehensive plan approved by the school board on file with the district superintendent or designee. Documentation supporting the implementation of the local school district's comprehensive plan shall be maintained by the district for review by Special Education Programs staff during onsite monitoring visits. Districts shall update comprehensive plans consistent with § 24:05:21:01.02 and recertify their content annually.
Comprehensive plans shall establish compliance with this article and the Individuals with Disabilities Education Act, Part B, and must include the following:
(1) Policy on the availability of FAPE;
(2) Policy on the availability of assistive technology;
(3) Policy on the availability of extended school year services;
(4) Full program service goals and procedures, including a timetable for accomplishing the goals;
(5) Ongoing child identification procedures;
(6) Evaluation, parental consent, and placement procedures;
(7) Procedures for the development, annual review, and revision of the individual educational program for each child;
(8) Procedures for the provision of nonacademic services and program options;
(9) Procedures for the provision of physical education;
(10) Policies on routine checking of hearing aids and external components of surgically implanted medical devices;
(11) Procedures for least restrictive environment;
(12) Policies and procedures on confidentiality of information;
(13) Procedural safeguards, including the following:
(a) Opportunity to examine records;
(b) Independent educational evaluation;
(c) Prior notice and parent consent;
(d) Resolution process;
(e) Impartial due process hearing;
(f) Civil action and reasonable attorney's fees;
(g) Child status during procedures;
(h) Surrogate parent procedures;
(i) Parent participation in meetings;
(j) Procedural safeguards notice;
(k) Mediation;
(l) Parent notice and disclosure;
(m) Transfer of parental rights;
(n) Discipline procedures;
(o) Procedures for evaluation and determination of eligibility; and
(p) Procedures for evaluating specific learning disabilities;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:21 - Comprehensive plans › Section 24:05:21:01.01 - Exception for prior policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
If a local education agency has on file with the department policies and procedures that demonstrate compliance with this article, including any policies and procedures filed under Part B of the Individuals with Disabilities Education Act as in effect before December 3, 2004, the department shall consider the school district to have met the requirements for purposes of receiving assistance under Part B of the Individuals with Disabilities Education Act.
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 24:05:21 - Comprehensive plans › Section 24:05:21:01.02 - Amendments to policies and procedures

Current through Register Vol. 51, page 10, July 15, 2024
Policies and procedures submitted by a local education agency in accordance with this article remain in effect until it submits to the department modifications that the agency decides are necessary. The department may require a local education agency to modify its policies and procedures, but only to the extent necessary to ensure the districts compliance with Part B of the Individuals with Disabilities Education Act if:
(1) After December 3, 2004, the provisions of Part B of the Individuals with Disabilities Education Act or its implementing regulations are amended;
(2) There is a new interpretation of Part B of the Individuals with Disabilities Education Act by federal or state courts; or
(3) There is an official finding of noncompliance with federal or state law or regulations.
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 24:05:21 - Comprehensive plans › Section 24:05:21:02 - Approval of special education program - Content of review

Current through Register Vol. 51, page 10, July 15, 2024
The department's special education programs shall approve special education programs that meet the standards of the South Dakota Board of Education. Each local education agency shall submit eligibility information each school year. The local education agency shall be notified of approval or disapproval by letter from the department's special education programs. The review shall include the following:
(1) Recertification of current comprehensive plan;
(2) Certified personnel; and
(3) Number of certified 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 24:05:21 - Comprehensive plans › Section 24:05:21:03 - Comprehensive plans serve as district's eligibility for federal funds

Current through Register Vol. 51, page 10, July 15, 2024
The information required in an agency's comprehensive plan coupled with statements of expenditures, descriptions of the annual use of IDEA, Part B funds, and certification of federal assurances establish a local education agency's eligibility for funds under the Individuals with Disabilities Education Act, Part B.
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 24:05:21 - Comprehensive plans › Section 24:05:21:04 - Purchase of instructional materials

Current through Register Vol. 51, page 10, July 15, 2024
A school district that chooses to coordinate with the National Instructional Materials Access Center (NIMAC), when purchasing print instructional materials, must acquire those instructional materials in the same manner, and subject to the same conditions as the department under §
									24:05:14:17. Nothing in this section requires a school district to coordinate with the NIMAC.
If a school district chooses not to coordinate with the NIMAC, the district shall provide an assurance to the department that the district will provide instructional materials to blind persons or other persons with print disabilities in a timely manner.
Nothing in this section relieves a district of its responsibility to ensure that children with disabilities who need instructional materials in accessible formats but are not included under the definition of blind or other persons with print disabilities who need materials that cannot be produced from NIMAS files, receive those instructional materials in a timely manner.
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 24:05:21 - Comprehensive plans › Section 24:05:21:05 - Records regarding migratory children with disabilities

Current through Register Vol. 51, page 10, July 15, 2024
A school district shall cooperate in the U.S. Secretary of Education's efforts under ESSA to ensure the linkage of records pertaining to migratory children with disabilities for the purpose of electronically exchanging, among the states, health and educational information regarding those 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 24:05:22 - Child identification › Section 24:05:22:01 - District required to identify children in need of special education or special education and related services

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall develop and utilize a system for the identification, location, and evaluation of children in need of special education or special education and related services. The system must include all children residing within the jurisdiction of the district who are ages birth through 21 regardless of the severity of their disability, including children in all public and private agencies and institutions, private schools, including religious schools, and children receiving alternative instruction under SDCL  13-27-3 within the legal boundaries of the district. The requirements of this section apply to:
(1) Wards of the state and highly mobile children with disabilities such as migrant children and homeless children; and
(2) Children who are suspected of being children with disabilities under this article and in need of special education, even though they are advancing from grade to grade.
General Authority:
SDCL  13-1-12.1,  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:22 - Child identification › Section 24:05:22:02 - Minimum procedures

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, a local school district's procedures for implementing its child identification system must include the following:
(1) The name and title of the individual responsible for the coordination, implementation, and documentation of the system;
(2) A written description of the district's annual public awareness campaign for informing the parents of children residing within the legal boundaries of the district and other interested parties located within the jurisdiction of the district, including all public and private agencies and institutions, private schools, including religious schools, and children receiving alternative instruction under SDCL  13-27-3;
(3) The establishment of procedures for collecting, maintaining, and reporting current and accurate data on all child identification activities which must be ongoing and include children not currently enrolled in the public school education program. These procedures must be as follows:
(a) In written form;
(b) Contained in each district's special education comprehensive plan; and
(c) Describe each child identification activity for which the district is responsible; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:22 - Child identification › Section 24:05:22:03 - Certified child

Current through Register Vol. 51, page 10, July 15, 2024
A certified child is a child in need of special education or special education and related services who has received a multidisciplinary evaluation and has an individual education program formulated and approved by a local placement committee. Documentation supporting a child's disabling condition as defined by Part B of the Individuals with Disabilities Education Act must be maintained by the school district for verification of its annual federal child count. This definition applies to all eligible children ages 3 to 21, inclusive, and to only those children under the age of 3 who are in need of prolonged assistance.
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 24:05:22 - Child identification › Section 24:05:22:04 - Services for children less than three years of age

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall provide special education or special education and related services for children less than three years of age who are in need of prolonged assistance.
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 24:05:22 - Child identification › Section 24:05:22:04.01 - Services to children age three to twenty-one, inclusive

Current through Register Vol. 51, page 10, July 15, 2024
A child's eligibility for special education or special education and related services continues from age 3 through completion of an approved public or nonpublic school secondary program or through age 21, as designated in that child's individual education program as set out in SDCL  13-37-1.
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 24:05:22 - Child identification › Section 24:05:22:05 - Services to children age twenty-one

Current through Register Vol. 51, page 10, July 15, 2024
A student who is enrolled in school and becomes 21 years of age during the fiscal year shall have free school privileges during the school year.
General Authority:
SDCL  13-1-12.1,  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:01 - Educational evaluator

Current through Register Vol. 51, page 10, July 15, 2024
An educational evaluator must possess a valid teaching certificate and must have training in individual and group tests to be administered.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Accreditation and school improvement, art 24:43.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:02 - Psychological evaluator

Current through Register Vol. 51, page 10, July 15, 2024
A psychological evaluator must be a school psychologist certified by the department or a school psychological examiner certified by the department. A school psychological examiner's report must be co-signed by a certified school psychologist.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Psychologists, SDCL chapter 36-27 A.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:03 - Psychiatric evaluator

Current through Register Vol. 51, page 10, July 15, 2024
A psychiatric evaluator must be a psychiatrist licensed by the State Board of Medical and Osteopathic Examiners.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Physicians and surgeons, SDCL chapter 36-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:04 - Speech-language evaluator

Current through Register Vol. 51, page 10, July 15, 2024
A speech-language evaluator must hold a valid South Dakota license as a speech-language pathologist pursuant to article 20:79.
General Authority:
SDCL  13-37-1.1,  13-37-46,  13-37-47.
Law Implemented:
SDCL  13-37-1.1,  13-37-1.2.
Speech-language pathologists, SDCL chapter 36-37, article 20:79.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:05 - Audiological evaluator

Current through Register Vol. 51, page 10, July 15, 2024
An audiological evaluator must hold a valid South Dakota license as an audiologist or provisional audiologist pursuant to article 20:72.
General Authority:
SDCL  13-37-1.1,  13-37-46,  13-37-47.
Law Implemented:
SDCL  13-37-1.1,  13-37-1.2.
Hearing Aid Dispensers, SDCL chapter 36-24; Audiologists, article 20:72.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:06 - Medical evaluator

Current through Register Vol. 51, page 10, July 15, 2024
A medical evaluator must be licensed to practice medicine or osteopathy by the State Board of Medical and Osteopathic Examiners.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Physicians and surgeons, SDCL chapter 36-4.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:07 - Occupational therapy evaluator

Current through Register Vol. 51, page 10, July 15, 2024
An occupational therapy evaluator must be licensed as an occupational therapist by the State Board of Medical and Osteopathic Examiners.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Occupational therapists, SDCL chapter 36-31.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:08 - Physical therapy evaluator

Current through Register Vol. 51, page 10, July 15, 2024
A physical therapy evaluator must be licensed as a physical therapist by the State Board of Medical and Osteopathic Examiners.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Physical therapists, SDCL chapter 36-10.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:23 - Requirements for child evaluators › Section 24:05:23:09 - Vision evaluator

Current through Register Vol. 51, page 10, July 15, 2024
A vision evaluator must be an opthalmologist licensed by the State Board of Medical and Osteopathic Examiners or an optometrist licensed by the State Board of Optometry.
General Authority:
SDCL  13-1-12.1,  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Physicians and surgeons, SDCL chapter 36-4; Optometrists, SDCL chapter 36-7.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24 - Referral procedures › Section 24:05:24:01 - Referral

Current through Register Vol. 51, page 10, July 15, 2024
Referral includes any written request which brings a student to the attention of a school district administrator (building principal, superintendent, or special education director) as a student who may be in need of special education. A referral made by a parent may be submitted verbally, but it must be documented by a district administrator. Other sources of referrals include the following:
(1) Referral through screening;
(2) Referral by classroom teacher;
(3) Referral by other district personnel;
(4) Referral by other public or private agencies; and
(5) Referral by private schools, including religious schools.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24 - Referral procedures › Section 24:05:24:02 - Duties of a district after referral

Current through Register Vol. 51, page 10, July 15, 2024
Upon receiving a referral the school district shall conduct an informal review or may proceed with the evaluation process. An informal review includes a conference, if appropriate and necessary, either in person or by telephone, with the person making the referral and a review of the student's school record.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24 - Referral procedures › Section 24:05:24:03 - Duties of a district after informal review

Current through Register Vol. 51, page 10, July 15, 2024
If, after an informal review arising from a parental referral, the district determines that no evaluation is necessary, the district shall inform the parents of its decision and the reasons for the decision. It shall also inform the parents of their due process rights.
If after informal review, the district determines that further evaluation is necessary, the district shall conduct a full and individual evaluation with the consent of the parents.
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 24:05:24 - Referral procedures › Section 24:05:24:04 - Documentation of referrals not evaluated

Current through Register Vol. 51, page 10, July 15, 2024
All referrals of students that do not result in evaluation must be documented by the district.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:01 - Students with disabilities defined

Current through Register Vol. 51, page 10, July 15, 2024
Students with disabilities are students evaluated in accordance with chapter 24:05:25 and this chapter as having autism spectrum disorder, deaf-blindness, deafness, hearing loss, cognitive disability, multiple disabilities, orthopedic impairment, other health impairments, emotional behavioral disability, specific learning disabilities, speech or language impairments, traumatic brain injury, or vision loss, including blindness, which adversely affects educational performance, and who, because of those disabilities, need special education or special education and related services. If it is determined through an appropriate evaluation, under chapter 24:05:25, that a student has one of the disabilities identified in this chapter, but only needs a related service and not special education, the student is not a student with a disability under this article. If, consistent with this chapter, the related service required by the student is considered special education, the student is a student with a disability under this article.
General Authority:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Law Implemented:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-1.2,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:01.01 - Manual defined

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of §§ 24:05:24.01:03 to 24:05:24.01:05, inclusive, the term, manual, means the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), American Psychiatric Association.
General Authority:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Law Implemented:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-1.2,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), American Psychiatric Association. The materials are available for viewing at the South Dakota Department of Education, 800 Governors Drive, Pierre, South Dakota. Copies of portions of the manual referenced in §§ 24:05:24.01:03 to 24:05:24.01:05, inclusive, can be obtained at
http://www.autismspeaks.org/what-autism/diagnosis/dsm-5-diagnostic-criteria
.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:24.01 - Eligibility criteria › Section 24:05:24.01:03 - Autism spectrum disorder defined

Current through Register Vol. 51, page 10, July 15, 2024
Autism spectrum disorder is a developmental disability that significantly affects verbal and nonverbal communication and social interaction and results in adverse effects, generally evident before age three, on the child's educational performance.
Other characteristics often associated with autism spectrum disorder are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences.
The term does not apply if the student's educational performance is adversely affected primarily because the student has an emotional behavioral disability defined under § 24:05:24.01:16.
General Authority:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-28,  13-37-46,  13-37-47,  13-37-52.
Law Implemented:
SDCL  13-1-12.1,  13-37-1,  13-37-1.1,  13-37-1.2,  13-37-28,  13-37-46,  13-37-47,  13-37-52.