reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:26.01 - Expulsion › Section 24:05:26.01:13 - Protections for students not yet eligible

Current through Register Vol. 51, page 10, July 15, 2024
The procedures under §
									24:05:26:14  apply for students who have not been determined eligible for special education or special education and related services if an expulsion is anticipated.
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 24:05:26.01 - Expulsion › Section 24:05:26.01:14 - Referral to and action by law enforcement and judicial authorities

Current through Register Vol. 51, page 10, July 15, 2024
Reporting a crime committed by a student with a disability and the transmission of student records shall be implemented consistent with §
									24:05:26:15.
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 24:05:27 - Individual educational program › Section 24:05:27:01.01 - IEP team

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall ensure that the IEP team for each student with disabilities include the following members:
(1) The parents of the student;
(2) Not less than one regular education teacher of the student if the student is, or may be, participating in the regular education environment;
(3) Not less than one special education teacher of the student or, if appropriate, at least one special education provider of the student;
(4) A representative of the school district who:
(a) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities;
(b) Is knowledgeable about the general education curriculum; and
(c) Is knowledgeable about the availability of resources of the school district;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:01.02 - Development, review, and revision of individualized education program

Current through Register Vol. 51, page 10, July 15, 2024
In developing, reviewing, and revising each student's individualized education program, the team shall consider the strengths of the student and the concerns of the parents for enhancing the education of their student, the results of the initial or most recent evaluation of the student, the academic, developmental, and functional needs of the student. The individualized education program team also shall:
(1) In the case of a student whose behavior impedes his or her learning or that of others, consider the use of positive behavioral interventions and supports and other strategies to address that behavior;
(2) In the case of a student with limited English proficiency, consider the language needs of the student as these needs relate to the student's individualized education program;
(3) In the case of a student who is blind or visually impaired, provide for instruction in Braille and the use of Braille unless the team determines, after an evaluation of the student's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the student's future needs for instruction in Braille or the use of Braille), that instruction in Braille or the use of Braille is not appropriate for the student;
(4) Consider the communication needs of the student and, in the case of a student who is deaf or hard of hearing, consider the student's language and communication needs, opportunities for direct communications with peers and professional personnel in the student's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student's language and communication mode; and
(5) Consider whether the student requires assistive technology devices and services.
The regular education teacher of a student with a disability, as a member of the individualized education program team, must, to the extent appropriate, participate in the development, review, and revision of the student's individualized education program, including the determination of appropriate positive behavioral interventions and supports and other strategies for the student and the determination of supplementary aids and services, program modifications, and supports for school personnel that will be provided for the student consistent with subdivision 24:05:27:01.03(3).
Nothing in this section requires the team to include information under one component of a student's individualized education program that is already contained under another component of the student's individualized education program. No additional information may be required to be included in a student's IEP beyond what is explicitly required in this section.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:01.03 - Content of individualized education program

Current through Register Vol. 51, page 10, July 15, 2024
Each student's individualized education program shall include:
(1) A statement of the student's present levels of academic achievement and functional performance, including:
(a) How the student's disability affects the student's involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled students); or
(b) For preschool student, as appropriate, how the disability affects the student's participation in appropriate activities;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:01.04 - Access to IEP

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related services provider, and other service provider who is responsible for its implementation. Each teacher and provider described above is informed of:
(1) His or her specific responsibilities related to implementing the child's IEP; and
(2) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.
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 24:05:27 - Individual educational program › Section 24:05:27:01.05 - IEP team attendance

Current through Register Vol. 51, page 10, July 15, 2024
A member of the IEP team described in subdivisions 24:05:27:01.01(2) to (5), inclusive, is not required to attend an IEP team meeting, in whole or in part, if the parent of a student with a disability and the school district agree in writing that the attendance of the member is not necessary because the member's area of the curriculum or related services is not being modified or discussed in the meeting. A member of the IEP team may be excused from attending, in whole or in part, an IEP team meeting that involves a modification to or discussion of the member's area of the curriculum or related services, if:
(1) The parent and school district consent in writing to the excusal; and
(2) The member submits, in writing to the parent and the IEP team, input into the development of the IEP before the meeting.
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 24:05:27 - Individual educational program › Section 24:05:27:01.06 - Initial IEP team meeting for infants and toddlers

Current through Register Vol. 51, page 10, July 15, 2024
If a student was previously served under part C, an invitation to the initial IEP team meeting shall, at the request of the parent, be sent to the part C service coordinator or other representatives of the part C system to assist with the smooth transition of services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:02 - IEP team meeting date

Current through Register Vol. 51, page 10, July 15, 2024
Initial IEP team meetings must be held consistent with §
									24:05:25:03. IEP team meetings following reevaluations must be held consistent with §
									24:05:25:06. As soon as possible following development of the IEP, special education and related services are made available to the child in accordance with an IEP.
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 24:05:27 - Individual educational program › Section 24:05:27:03 - IEP team to determine related services

Current through Register Vol. 51, page 10, July 15, 2024
In developing a child's individual educational program, the members of the IEP team shall determine whether any developmental, corrective, or other supportive services, including transportation, are required to assist a child to benefit from special education. These services must be written into the individual educational program as related services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:04 - Determination of related services

Current through Register Vol. 51, page 10, July 15, 2024
In deciding whether a particular developmental, corrective, or other supportive service is a related service, the members of the IEP team shall review the results of the individual evaluations used to determine the child's need for special education. Based on the specific special education services to be provided, the team shall determine whether or not related services are required in order to assist the child to benefit from the special education program.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:04.01 - Parental consent for services

Current through Register Vol. 51, page 10, July 15, 2024
A school district that is responsible for making a free appropriate public education available to a student with a disability under this article shall obtain informed consent from the parent of the student before initially providing special education and related services to the student.
The district shall make reasonable efforts to obtain informed consent from the parent for the initial provision of special education and related services to the child. To meet the reasonable efforts requirement, the district shall document its attempts to obtain parental consent using the procedures in §
									24:05:25:17.
If the parent of the student fails to respond or refuses to consent to services, the school district may not use the procedures in chapter 24:05:30, including the mediation procedures or the due process procedures, in order to obtain agreement or a ruling that the services may be provided 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 24:05:27 - Individual educational program › Section 24:05:27:04.02 - Parental refusal to consent - School district obligations

Current through Register Vol. 51, page 10, July 15, 2024
If the parent of a student refuses to consent to the initial provision of special education and related services, or the parent fails to respond to a request to provide such consent:
(1) The school district is not considered to be in violation of the requirement to make available free appropriate public education to the student for the failure to provide the student with the special education and related services for which the school district requests such consent; and
(2) The school district is not required to convene an IEP meeting or develop an IEP under this chapter for the student for the special education and related services for which the school district requests such consent.
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 24:05:27 - Individual educational program › Section 24:05:27:04.03 - Parental withdrawal of consent for services

Current through Register Vol. 51, page 10, July 15, 2024
If, at any time subsequent to the initial provision of special education and related services, the parent of a student revokes consent in writing for the continued provision of special education and related services, the school district:
(1) May not continue to provide special education and related services to the student, but shall provide prior written notice in accordance with chapter 24:05:30 before ceasing the provision of special education and related services;
(2) May not use the procedures in chapter 24:05:30, including the mediation procedures or the due process procedures, in order to obtain agreement or a ruling that the services may be provided to the student;
(3) Is not considered to be in violation of the requirement to make FAPE available to the student because of the failure to provide the student with further special education and related services; and
(4) Is not required to convene an IEP team meeting or develop an IEP under this chapter for the student for further provision of special education and related services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:05 - Hearing aid

Current through Register Vol. 51, page 10, July 15, 2024
For children with hearing impairments, including deafness, in need of special education who wear hearing aids in school, the IEP team shall include, as a related service, a monitoring schedule in the individual educational program to ensure the proper functioning of these corrective devices.
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 24:05:27 - Individual educational program › Section 24:05:27:05.01 - External components of surgically implanted medical devices

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall ensure that the external components of surgically implanted medical devices are functioning properly.
For a child with a surgically implanted medical device who is receiving special education and related services under this article, a school district is not responsible for the post-surgical maintenance, programming, or replacement of the medical device that has been surgically implanted or of an external component of the surgically implanted medical device.
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 24:05:27 - Individual educational program › Section 24:05:27:06 - Medical services

Current through Register Vol. 51, page 10, July 15, 2024
Medical services, as a related service, may only be authorized by an IEP team for diagnostic or evaluation purposes. Medical services means services provided by a licensed physician to determine a child's medically related disability that results in the child's need for special education and related services.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:07 - Transportation

Current through Register Vol. 51, page 10, July 15, 2024
If transportation is required for the child to benefit from the special education program, transportation shall be written in the individual educational program and provided at no cost to the parent. A district may not require that a parent provide transportation; however, if both parties agree that the parent will provide the transportation, it shall be noted on the individual educational program and the parent shall be reimbursed by the district in accordance with SDCL  13-30-3 and  13-37-8.9.
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 24:05:27 - Individual educational program › Section 24:05:27:08 - Yearly review and revision of individual educational programs

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall initiate and conduct IEP team meetings to periodically review each child's individual educational program and, if appropriate, revise its provisions. An IEP team meeting must be held for this purpose annually. The review shall be conducted to determine whether the annual goals for the student are being achieved. The individualized education program shall be revised, as appropriate, to address: any lack of expected progress toward the annual goals and in the general curriculum, if appropriate; the results of any reevaluation conducted; information about the student provided to, or by, the parents; the student's anticipated needs; or other matters.
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 24:05:27 - Individual educational program › Section 24:05:27:08.01 - Agreement to change IEP

Current through Register Vol. 51, page 10, July 15, 2024
In making changes to a student's IEP after the annual IEP meeting for a school year, the parent of a student with a disability and the school district may agree not to convene an IEP meeting for the purposes of making the changes, and instead may develop a written document to amend or modify the student's current IEP. If changes are made to the student's IEP in accordance with this section, the district shall ensure that the student's IEP team is informed of the changes.
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 24:05:27 - Individual educational program › Section 24:05:27:08.02 - Amendments to IEP

Current through Register Vol. 51, page 10, July 15, 2024
Changes to the IEP may be made either by the entire IEP team at an IEP team meeting or, as provided in §
									24:05:27:08.01, by amending the IEP rather than by redrafting the entire IEP. Upon request, a parent shall be provided with a revised copy of the IEP with the amendments incorporated. A change to an IEP for a student with disabilities does not give rise to the due process requirements of article 24:07, unless the superintendent recommends long-term suspension or expulsion for the student.
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 24:05:27 - Individual educational program › Section 24:05:27:08.03 - Consolidation of IEP team meetings

Current through Register Vol. 51, page 10, July 15, 2024
To the extent possible, the school district shall encourage the consolidation of reevaluation meetings for the student and other IEP team meetings for the student.
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 24:05:27 - Individual educational program › Section 24:05:27:08.04 - Alternative means of meeting participation

Current through Register Vol. 51, page 10, July 15, 2024
When conducting IEP team meetings pursuant to this chapter and chapter 24:05:30, and carrying out administrative matters under chapter 24:05:30 (such as scheduling, exchange of witness lists, and status conferences), the parent of a student with a disability and a school district may agree to use alternative means of meeting participation, such as video conferences and conference 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 24:05:27 - Individual educational program › Section 24:05:27:10 - Individual educational programs for students placed in private schools

Current through Register Vol. 51, page 10, July 15, 2024
Before a resident school district places or refers a child in need of special education or special education and related services to a private school, facility, or a contracting district, the district shall initiate and conduct an IEP team meeting to develop an individual educational program for the child in accordance with district procedures.
The district shall ensure that a representative of the private school or facility attends the IEP team meeting. If the representative of the private school or facility cannot attend the IEP team meeting, the district shall use other methods to ensure participation, including individual or conference telephone calls.
After a child in need of special education or special education and related services enters a private school or facility, any meetings to review and revise the child's individual educational program may be initiated and conducted by the private school or facility at the discretion of the district.
If the private school or facility initiates and conducts these meetings, the district shall ensure that the parents and a district representative are involved in any decision about the child's individual educational program and agree to any proposed changes in the program before those changes are implemented.
Even if a private school or facility implements a child's individual educational program, responsibility for compliance with this section remains with the school district and 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 24:05:27 - Individual educational program › Section 24:05:27:12 - Graduation requirements

Current through Register Vol. 51, page 10, July 15, 2024
Completion of an approved secondary special education program with a regular high school diploma signifies that the student no longer requires special education services. A regular high school diploma does not include an alternative degree that is not fully aligned with the state's academic standards, such as a certificate or a general educational development credential (GED). Graduation from high school with a regular high school diploma constitutes a change in placement requiring written prior notice in accordance with this article.
The instructional program shall be specified on the individual educational program. The individual educational program shall state specifically how the student in need of special education or special education and related services will satisfy the district's graduation requirements. The IEP team may modify the specific units of credit described in §
									24:43:11:02. Parents must be informed through the individual educational program process at least one year in advance of the intent to graduate their child upon completion of the individual educational program and to terminate services by graduation.
For a student whose eligibility terminates under the above graduation provisions, or due to exceeding the age eligibility for a free appropriate public education, a school district shall provide the student with a summary of the student's academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student's postsecondary goals.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
Child identification, ch 24:05:22.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:13.01 - Agency responsibilities for transition services

Current through Register Vol. 51, page 10, July 15, 2024
If a participating agency, other than the school district, fails to provide transition services contained in the IEP of a student with a disability, the school district responsible for the student's education shall reconvene an IEP team meeting for the purpose of identifying alternative strategies to meet the transition objectives set out in the student's IEP.
Nothing in this section relieves a participating agency, including a state vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:13.02 - Transition services

Current through Register Vol. 51, page 10, July 15, 2024
Transition services are a coordinated set of activities for a student with a disability, designed to be within a results-oriented process, that is focused on improving the academic and functional achievement of the student with a disability to facilitate the student's movement from school to postschool activities, including postsecondary education, vocational education, integrated employment (including supported employment), continuing and adult education, adult services, independent living, or community participation. The coordinated set of activities shall be based on the individual student's needs, taking into account the student's strengths, preferences and interests, and shall include instruction, related services, community experiences, the development of employment and other postschool adult living objectives, and, if appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.
Transition services for students with disabilities may be special education, if provided as specially designed instruction, or related services, if required to assist a student with a disability to benefit from special 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 24:05:27 - Individual educational program › Section 24:05:27:15.01 - IEPs for student transfers within state

Current through Register Vol. 51, page 10, July 15, 2024
If a student with a disability, who had an IEP that was in effect in a previous school district in the state, transfers to a new school district in the state, and enrolls in a new school within the same school year, the new school district, in consultation with the parents, shall provide FAPE to the student, including services comparable to those described in the student's IEP from the previous school district, until the new school district either:
(1) Adopts the student's IEP from the previous school district; or
(2) Develops, adopts, and implements a new IEP that meets the applicable requirements in 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 24:05:27 - Individual educational program › Section 24:05:27:15.02 - IEPs for student transfers from another state

Current through Register Vol. 51, page 10, July 15, 2024
If a student with a disability, who had an IEP that was in effect in a previous school district in another state, transfers to a school district in South Dakota, and enrolls in a new school within the same school year, the new school district, in consultation with the parents, shall provide the child with FAPE, including services comparable to those described in the student's IEP from the previous school district, until the new school district:
(1) Conducts an evaluation pursuant to chapter 24:05:25, if determined to be necessary by the new school district; and
(2) Develops, adopts, and implements a new IEP, if appropriate, that meets the applicable requirements in 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 24:05:27 - Individual educational program › Section 24:05:27:15.03 - Transmittal of records for student transfers

Current through Register Vol. 51, page 10, July 15, 2024
To facilitate the transition for a transfer student described in §§
									24:05:27:15.01 and 24:05:27:15.02:
(1) The new school in which the student enrolls shall take reasonable steps to promptly obtain the student's records, including the IEP and supporting documents and any other records relating to the provision of special education and related services to the student, from the previous school in which the student was enrolled, pursuant to § 99.31(a)(2) of the federal Family Educational Rights and Privacy Act as amended to January 8, 2009; and
(2) The previous school in which the student was enrolled shall take reasonable steps to promptly respond to the request from the new school.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:16 - Related services provided at no cost

Current through Register Vol. 51, page 10, July 15, 2024
Consistent with §§
									24:05:27:03  and 24:05:27:04, the district shall provide related services at no cost to the parent. Related services include transportation; speech-language pathology; audiological services; interpreting services; psychological services; physical and occupational therapy; recreation, including therapeutic recreation; early identification and assessment of disabilities in children; counseling services; including rehabilitation counseling; orientation and mobility services; medical services for diagnostic or evaluation purposes; school nurse and school health services designed to enable a student with a disability to receive a free appropriate public education as described in the IEP of the student; social work services in schools; and parental counseling and training. Related services do not include a medical device that is surgically implanted, the optimization of that device's functioning (e.g. mapping), maintenance of that device, or the replacement of the device.
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 24:05:27 - Individual educational program › Section 24:05:27:16.01 - Rehabilitation counseling services

Current through Register Vol. 51, page 10, July 15, 2024
Rehabilitation counseling services are services provided by qualified personnel in individual or group sessions that focus specifically on career development, employment preparation, achieving independence, and integration in the workplace and community of a student with a disability. The term also includes vocational rehabilitation services provided to students with disabilities by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, as amended to January 1, 2007.
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 24:05:27 - Individual educational program › Section 24:05:27:16.02 - Services applicable to surgically implanted device

Current through Register Vol. 51, page 10, July 15, 2024
Nothing in this section:
(1) Limits the right of a child with a surgically implanted device (e.g., cochlear implant) to receive related services listed in §
									24:05:27:16  that are determined by the IEP team to be necessary for the child to receive FAPE;
(2) Limits the responsibility of a school district to appropriately monitor and maintain medical devices that are needed to maintain the health and safety of the child, including breathing, nutrition, or operation of other bodily functions, while the child is transported to and from school or is at school; or
(3) Prevents the routine checking of an external component of a surgically-implanted device to make sure it is functioning properly, as required in §
									24:05:27:05.01.
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 24:05:27 - Individual educational program › Section 24:05:27:17 - Employment of Braille teacher

Current through Register Vol. 51, page 10, July 15, 2024
If an IEP team determines that a student's instruction in reading and writing must be accomplished through the use of Braille, the district shall utilize the services of a certified Braille teacher. By July 1, 1993, any individual employed as a Braille teacher must be certified pursuant to §
									24:28:09:27.
General Authority:
SDCL  13-37-1.1,  13-37-31
Law Implemented:
SDCL  13-37-31.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:18 - Assistive technology device

Current through Register Vol. 51, page 10, July 15, 2024
An assistive technology device is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities. An assistive technology device does not include a medical device that is surgically implanted, or the replacement of the device.
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 24:05:27 - Individual educational program › Section 24:05:27:19 - Assistive technology service

Current through Register Vol. 51, page 10, July 15, 2024
An assistive technology service is any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. The term includes the following:
(1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment;
(2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;
(3) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(5) Training or technical assistance for a child with disabilities or, the child's family; and
(6) Training or technical assistance for professionals, including individuals providing education and rehabilitation services, for employers, or for other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions 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 24:05:27 - Individual educational program › Section 24:05:27:19.01 - Universal design

Current through Register Vol. 51, page 10, July 15, 2024
Universal design is a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly usable without requiring assistive technologies and products and services that are made usable with assistive technologies.
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 24:05:27 - Individual educational program › Section 24:05:27:20 - Availability of assistive technology

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall ensure that assistive technology devices or assistive technology services, or both, are made available to a child with a disability if they are required as a part of the child's special education or related services or as supplementary aids and services.
On a case-by-case basis, the use of school-purchased assistive technology devices in a child's home or in other settings is required if the student's placement committee determines that the child needs access to those devices in order to receive FAPE.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:27 - Individual educational program › Section 24:05:27:21 - Transition to preschool program

Current through Register Vol. 51, page 10, July 15, 2024
Each local school district shall develop policies and procedures for the transition of children participating in the early intervention program under Part C of the Individuals with Disabilities Education Act (IDEA) who are eligible for participation in preschool programs under Part B of IDEA.
Each district's policies and procedures must include the following:
(1) A description of how the families will be included in the transitional plans;
(2) Procedures to be used by the district for notifying the local network in which the child resides of the need for transitional planning;
(3) Procedures for convening, with the approval of the family, a conference between the network, family, and district;
(4) A requirement for convening the conference at least 90 days, and at the discretion of all parties, not more than 9 months before the child is eligible for the preschool program under Part B of Individual with Disabilities Education Act; and
(5) Procedures for reviewing a child's program options for the period beginning with the day a child turns three and running through the remainder of the school year including the development and implementation of an individual education program consistent with this article.
Each affected district shall participate in transition planning conferences arranged by the IDEA, Part C, program.
In the case of a child with a disability, aged three, previously eligible for Part C of IDEA, the IEP team must consider the child's IFSP that contains the IFSP content, including the natural environments statement, described in article 24:14.
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 24:05:27 - Individual educational program › Section 24:05:27:22 - Occupational therapy defined

Current through Register Vol. 51, page 10, July 15, 2024
Occupational therapy, as a related service, includes:
(1) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;
(2) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and
(3) Preventing, through early intervention, initial or further impairment or loss of function.
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 24:05:27 - Individual educational program › Section 24:05:27:23 - Criteria for occupational therapy

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as in need of occupational therapy as a related service if:
(1) The student has a disability and requires special education;
(2) The student needs occupational therapy to benefit from special education; and
(3) The student demonstrates performance on a standardized assessment instrument that falls at least 1.5 standard deviations below the mean in one or more of the following areas: fine motor skills, sensory integration, and visual motor skills.
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 24:05:27 - Individual educational program › Section 24:05:27:24 - Physical therapy defined

Current through Register Vol. 51, page 10, July 15, 2024
Physical therapy, as a related service, includes gross motor development; mobility; use of adaptive equipment; and consultation and training in handling, positioning, and transferring students with physical impairments.
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 24:05:27 - Individual educational program › Section 24:05:27:25 - Criteria for physical therapy

Current through Register Vol. 51, page 10, July 15, 2024
A student may be identified as in need of physical therapy as a related service if:
(1) The student has a disability and requires special education;
(2) The student needs physical therapy to benefit from special education; and
(3) The student demonstrates a delay of at least 1.5 standard deviations below the mean on a standardized motor assessment instrument.
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 24:05:27 - Individual educational program › Section 24:05:27:26 - Incarcerated students in adult prisons

Current through Register Vol. 51, page 10, July 15, 2024
The following requirements do not apply to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons:
(1) Participation of students with disabilities in general assessment; and
(2) Transition planning and services with respect to the student whose eligibility under this article will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.
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 24:05:27 - Individual educational program › Section 24:05:27:27 - Modifications to IEPs for students in adult prisons

Current through Register Vol. 51, page 10, July 15, 2024
The IEP team may modify the student's individualized education program or placement if the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. However, these modifications do not apply with respect to:
(1) The development, review, and revision of individualized education programs as described in this chapter;
(2) Content of the individualized education program with the exception of general assessment and transition as noted above; and
(3) The least restrictive environment provisions relating to being educated with nondisabled students and removal from the regular education environment.
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 24:05:28 - Least restrictive environment › Section 24:05:28:01 - Least restrictive program to be provided

Current through Register Vol. 51, page 10, July 15, 2024
Children in need of special education or special education and related services, to the maximum extent appropriate, shall be educated with children who are not disabled and shall be provided special programs and services to meet their individual needs which are coordinated with the regular educational program. Special classes, separate schooling, or other removal of children with disabilities from the regular educational classroom may occur only when the nature or severity of the child's needs is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
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 24:05:28 - Least restrictive environment › Section 24:05:28:02 - Continuum of alternative placements

Current through Register Vol. 51, page 10, July 15, 2024
Alternative placements which must be made available include the following:
(1) Regular educational programs with modification;
(2) Resource rooms;
(3) Self-contained programs;
(4) Separate day school programs;
(5) Residential school programs;
(6) Home and hospital programs; and
(7) Other settings.
For each of the programs listed in this section, the IEP team shall determine the extent to which related services are required in order for the child to benefit from the program. The length of the school day must be equal in duration to that of a regular public school day unless an adjusted school day is required to meet the individual needs of the child. The IEP team shall provide for supplementary services, such as resource room or itinerant instruction, to be provided in conjunction with regular class placement, as applicable.
In those cases where placement is made in a separate day school program or residential school program, the district may abide by the school term of the facility in which the child is placed based on the individual needs of the child.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:28 - Least restrictive environment › Section 24:05:28:03 - Factors in determining placements

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall establish and implement procedures which ensure that the following factors are addressed in determining placements:
(1) Each child's educational placement must be individually determined at least annually and must be based on the child's individual education program;
(2) Provisions are made for appropriate classroom or alternative settings necessary to implement a child's individual education program;
(3) Unless a child's IEP requires some other arrangement, the child shall be educated in the school which that child would normally attend if not disabled. Other placement shall be as close as possible to the child's home;
(4) Placement in the least restrictive environment will not produce a harmful effect on the child or reduce the quality of services which that child needs; and
(5) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.
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 24:05:28 - Least restrictive environment › Section 24:05:28:04 - Program options

Current through Register Vol. 51, page 10, July 15, 2024
Each school district shall take steps to ensure that its children in need of special education or special education and related services have available to them the variety of educational programs and services available to children without disabilities in the area served by the district, including art, music, industrial arts, family and consumer science, and vocational education.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.