reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words and phrases defined in SDCL chapter 7-9 A have the same meaning
	 when used in this chapter. Terms used in this article and not otherwise defined
	 in SDCL chapter 7-9 A mean:
(1)
  "Delivery agent," a party who has entered into an agreement with a
  participating register of deeds to deliver an electronic document from a
  submitter to a participating register of deeds and to return the recorded
  electronic document to the submitter;
(2) "Electronic document delivery system," an
  automated system for the secure transmission of an electronic document between
  a submitter and a participating register of deeds through the use of a delivery
  agent;
(3) "Electronic recording,"
  the delivery and return of an electronic document using an electronic document
  delivery system for the purpose of recording that document with the register of
  deeds;
(4) "Land records management
  system," the system or software solution used by a register of deeds to
  securely receive, manage, access, search, retrieve, and store documents,
  electronic or otherwise;
(5)
  "Participating register of deeds," a register of deeds that has elected to
  accept electronic documents for recording in accordance with SDCL chapter 7-9
  A;
(6) "PDF," a portable document
  format which is a common format for image exchange or world wide web
  presentation;
(7) "PRIA," the
  Property Records Industry Association located at 2501 Aerial Center Parkway,
  Ste. 103, Morrisville, NC 27560 (http://www.pria.us/) whose mission is to
  develop and promote national standards and best practices for the property
  records industry;
(8) "Submitter,"
  a party who requests that an electronic document be recorded;
(9) "TIFF," a tagged image file format which
  is a common format for high-quality black and white, gray-scaled, or color
  graphics of any resolution and consists of individual dots or pixels;
(10) "XML," extensible markup language which
  is an extensible document language for specifying document content. XML is not
  a predefined markup language but a meta-language (a language for describing
  other languages) allowing the user to specify a document type definition (DTD)
  and design customized markup languages for different classes of
  documents.
General Authority:
SDCL
		7-9A-8.
Law Implemented:
SDCL
		7-9A-2,
		7-9A-3,
		7-9A-4,
		7-9A-5,
		7-9A-8,
		7-9A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:02 - Electronic recording models

Current through Register Vol. 51, page 10, July 15, 2024
Each electronic document shall conform to one or more of the following
	 models as approved by a participating register of deeds:
(1) Model 1: a scanned ink-signed document,
  transmitted without XML indexing data;
(2) Model 2: a scanned ink-signed document or
  a document that has been created and signed electronically, transmitted with
  XML indexing data; or
(3) Model 3:
  a document that has been created and signed electronically, transmitted with
  embedded XML indexing data.
General Authority:
SDCL
		7-9A-8.
Law Implemented:
SDCL
		7-9A-2,
		7-9A-3,
		7-9A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:03 - Electronic document and data formats

Current through Register Vol. 51, page 10, July 15, 2024
Each electronic document and data format shall be in accordance with
	 the following:
(1) Electronic
  recording shall be in accordance with the PRIA eRecording XML Standard Version
  2.4:
(a) PRIA Request Version 2.4.2;
(b) PRIA Response Version 2.4.2;
(c) Document Version 2.4.1;
(d) Notary Version 2.4.l; and
(e) The PRIA eRecording XML Implementation
  Guide for Version 2.4.1, Revision 2;
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:04 - Acceptance of electronic documents

Current through Register Vol. 51, page 10, July 15, 2024
A participating register of deeds is not required to accept for
	 recording any electronic document for which the participating register of deeds
	 does not have the technology to record.
General Authority:
SDCL
		7-9A-2,
		7-9A-8,
		7-9A-9.
Law Implemented:
SDCL
		7-9A-2,
		7-9A-3.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:05 - Electronic signatures and notarizations

Current through Register Vol. 51, page 10, July 15, 2024
Each electronic document required to be notarized shall comply with
	 SDCL chapters 7-9 A and 53-12. A participating register of deeds has no
	 responsibility to authenticate electronic signatures or notarizations. A
	 participating register of deeds is not required to accept for recording any
	 electronic document containing any electronic signature or notarization for
	 which the participating register of deeds does not have the technology to
	 support.
General Authority:
SDCL
		7-9A-8.
Law Implemented:
SDCL
		7-9A-2,
		7-9A-3,
		7-9A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:06 - Electronic recording processing requirements

Current through Register Vol. 51, page 10, July 15, 2024
Electronic document recording processing requirements shall include at
	 least the following:
(1) A
  participating register of deeds shall receive, endorse, and index electronic
  documents pursuant to SDCL
  7-9-3,
  7-9-8,
  7-9-8.1, and
  7-9-9;
(2) An electronic transmission may include
  multiple electronic documents for recording;
(3) The submitter shall include its telephone
  or e-mail contact information with each submission;
(4) A document presented to a participating
  register of deeds for electronic recording shall conform to SDCL
  43-28-23 including the reference
  number of the document assigned or released. No document to be recorded may
  contain more than one mortgage, or more than one mortgage or other instrument
  being assigned, partially released or satisfied;
(5) A participating register of deeds shall
  provide notice to the submitter of confirmation or rejection ofrecording
  through the electronic document delivery system as follows:
(a) A notice of confirmation shall identify
  the document accepted for recording and include the recording
  information;
(b) A notice of
  rejection shall identify the document rejected for recording and include an
  explanation for the rejection. If multiple electronic documents are submitted
  for electronic recording, and one or more are rejected for recording, all of
  the documents shall be returned to the submitter without recording;
  and
(c) If a participating register
  of deeds complies with the notice requirements, the failure of a submitter to
  receive actual notice of confirmation or rejection of a recording does not
  affect the validity of the confirmation or rejection;
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:07 - Posting procedures by participating register of deeds

Current through Register Vol. 51, page 10, July 15, 2024
A participating register of deeds shall establish procedures for
	 electronic recording and shall post the procedures in the office of the
	 participating register of deeds and make a copy of the procedures available on
	 request. The procedures shall also be posted on the county's internet web site
	 and through the electronic document delivery system, if
	 available.
General Authority:
SDCL
		7-9A-8,
		7-9A-9.
Law Implemented:
SDCL
		7-9A-3,
		7-9A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:08 - Security requirements

Current through Register Vol. 51, page 10, July 15, 2024
Procedures shall be implemented and maintained to ensure the security
	 of the electronic document delivery system and the land records management
	 system, including the authenticity and integrity of the electronic documents
	 and of the public record maintained by the participating register of deeds as
	 follows:
(1) Secure method. A
  participating register of deeds shall provide a secure method for accepting
  electronic documents through the electronic document delivery system and for
  recording and maintaining documents in the land records management system.
  Security standards implemented by a participating register of deeds shall
  accommodate electronic signatures and notarization of electronic documents in a
  manner that complies with SDCL chapter 7-9 A;
(2) Security procedures. A delivery agent
  shall implement and maintain security procedures for electronic transmissions
  of documents and shall be responsible for maintaining the security of the
  systems within its office;
(3)
  Disaster recovery. Electronic document delivery systems and land records
  management systems shall protect against system and security failures and, in
  addition, shall provide backup, disaster recovery, and audit trail mechanisms.
  Audit trail information shall be provided by the system vendors to
  participating register of deeds on request;
(4) Unauthorized use. The electronic document
  delivery system or land records management system may not permit any
  unauthorized party to modify, manipulate, insert, or delete information in any
  electronic document or the public record to be maintained by the register of
  deeds; and
(5) Breach in security.
  If a breach in security is detected by the participating register of deeds,
  delivery agent, submitter, or land records management system vendor, the party
  detecting the breach shall notify the other parties immediately. The parties
  shall cooperate to resolve issues related to a breach.
General Authority:
SDCL
		7-9A-8.
Law Implemented:
SDCL
		7-9A-8,
		7-9A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:09 - Agreement between delivery agent and participating register of deeds

Current through Register Vol. 51, page 10, July 15, 2024
The delivery agent and participating register of deeds shall enter into
	 an agreement specifying the requirements, terms, and conditions of
	 participation in the participating register of deed's electronic recording
	 program and delivery system. At a minimum, the agreement shall address the
	 following items:
(1) Accepted
  electronic recording models;
(2)
  Accepted document types;
(3)
  Technical specifications for data formats, document formats, electonic
  transmissions, and security;
(4) If
  used by the participating register of deeds, indexing fields required for each
  document code;
(5) Electronic
  signature and notarization requirements;
(6) Payment of fees;
(7) Hours during which electronic submissions
  shall be accepted and processing schedules that affect order of
  acceptance;
(8) Document acceptance
  and rejection requirements and procedures; and
(9) Termination terms.
General Authority:
SDCL
		7-9A-8.
Law Implemented:
SDCL
		7-9A-3,
		7-9A-8,
		7-9A-9.
South Dakota Administrative Rules › Title 22 - Counties › Article 22:03 - Electronic Recording › Chapter 22:03:01 - Electronic recording in county register of deeds office › Section 22:03:01:10 - Qualifications and responsibility of delivery agent

Current through Register Vol. 51, page 10, July 15, 2024
The delivery agent shall review the qualifications of each potential
	 submitter and approve the potential submitter prior to granting access to the
	 electronic document delivery system. The delivery agent shall enter into an
	 agreement with each submitter, prior to electronic submission of a document to
	 a participating register of deeds, which agreement shall provide among other
	 things that the submitter agrees to submit documents for recording in
	 accordance with this chapter and SDCL chapter 7-9 A, and to maintain the
	 security of the systems within the submitter's offices.
General Authority:
SDCL
		7-9A-8.
Law Implemented:
SDCL
		7-9A-3,
		7-9A-8,
		7-9A-9.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:02 - Teacher certification (Superseded)

Current through Register Vol. 51, page 10, July 15, 2024
ARSD Article 24:02, Teacher Certification, is superseded by Article 24:15, effective September 1, 2000, and is repealed on that date as provided in 24 SDR 160 and 24 SDR 165.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:03 - School accreditation › Chapter 24:03:07 - Instructional materials and media, Transferred or Repealed › Section 24:03:07:04.01 - Superseded by legislation

Current through Register Vol. 51, page 10, July 15, 2024
Code Commission Note:
This rule, which required minimum expenditures for books, magazines, and audiovisual materials effective July 1, 1981, was suspended by the interim rules review committee by resolution of suspension filed with the secretary of state on August 15, 1979. The amendment of SDCL  13-1-31 by the 1980 Legislature removed the authority of the state board to require minimum library expenditures.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:13 - Definitions › Section 24:05:13:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in §
									24:43:01:01  and in SDCL 13-37-1 have the same meaning when used in this article. In addition, terms used in this article mean:
(1) "Adult services," services pertaining to independent living, vocational development, preemployment services, or employment services designed for persons 16 years of age or older;
(2) "Approved program," a written description of a school district's, state agency's, special education school's, or community support provider's policies and procedures for implementing its special education program that is found by the department to comply with this article;
(3) "At no cost," the provision of specially designed instruction without charge to the parent except for incidental fees that are normally charged to students without disabilities or their parents as a part of the regular education program;
(4) "Braillist," a person who produces materials in Braille by the use of a manual Braille writer, slate and stylus, or computer;
(5) "Braille teacher," an individual who assists classroom teachers in the instruction of reading and writing through the use of Braille;
(6) "Business day," Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of business day;
(7) "Community support provider," "CSP," a nonprofit facility as defined in SDCL 27B-1-17(4);
(8) "Consent," as used in this article, the term consent, means:
(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language, or other mode of communication;
(b) The parent understands and agrees in writing to the carrying out of the activity for which the parent's consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom;
(c) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime;
(d) If a parent revokes consent, that revocation is not retroactive, it does not negate an action that has occurred after the consent was given and before the consent was revoked; and
(e) If the parent revokes consent in writing for their child's receipt of special education services after the child is initially provided special education and related services, the local education agency is not required to amend the child's education records to remove any references to the child's receipt of special education and related services because of the revocation of consent;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:13 - Definitions › Section 24:05:13:02 - Free appropriate public education (FAPE) defined

Current through Register Vol. 51, page 10, July 15, 2024
For purposes of this article, the term, free appropriate public education, or FAPE, includes special education and related services which meet the following requirements:
(1) Are provided at public expense, under public supervision and direction, and without charge;
(2) Meet the standards of the state board in this article and the implementing regulations for Part B of the Individuals with Disabilities Education Act as in effect December 3, 2004, and 34 C.F.R. Part 300, published in the Federal Register on August 14, 2006, and December 1, 2008;
(3) Include preschool, kindergarten, elementary school, and secondary school education in South Dakota; and
(4) Are provided in conformity with an individual educational program and this article.
FAPE shall be made available to any eligible individual child with a disability who needs special education and related services even though the child has not failed or been retained in a course or grade and is advancing from grade to grade. FAPE shall also be provided to eligible children with disabilities who have been suspended or expelled from school consistent with chapters 24:05:26 and 24:05:26.01. The determination that a child is eligible under this article must be made on an individual basis by an IEP team.
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 24:05:13 - Definitions › Section 24:05:13:04 - Parent

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this article, the term, parent, means:
(1) A biological or adoptive parent of a child;
(2) A foster parent, unless state law, regulations, or contractual obligations with a state or local entity prohibit a foster parent from acting as a parent;
(3) A guardian generally authorized to act as the child's parent, or authorized to make educational decisions for the child, but not the state if the child is a ward of the state;
(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare; or
(5) A surrogate parent who has been appointed in accordance with §
									24:05:30:15.
Except as provided below, the biological or adoptive parent, if attempting to act as the parent under this article and if more than one party is qualified under this section to act as a parent, is presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational decisions for the child.
If a judicial decree or order identifies a specific person or persons under subdivisions 1 to 4, inclusive, of this section to act as the parent of a child or to make educational decisions on behalf of a child, then the person or persons are deemed to be the parent for purposes of this section.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:01 - Interagency agreements

Current through Register Vol. 51, page 10, July 15, 2024
The department shall develop and implement interagency agreements with the Departments of Social Services, Health, Human Services, and Corrections for the purpose of describing the role that each of these agencies plays in providing or paying for special education or related services for children with disabilities. These interagency agreements shall define the financial responsibility of each agency for providing children with disabilities with free appropriate public education, establish procedures for resolving interagency disputes among agencies that are parties to the agreement, and establish conditions, terms, and procedures under which local educational agencies may initiate proceedings in order to secure reimbursement from agencies that are parties to the agreement or otherwise implement the provisions of the agreement.
The financial responsibility of each noneducational public agency described in this section, including the state Medicaid agency and other public insurers of children with disabilities, precedes the financial responsibility of local educational agencies or the state agency responsible for developing the child's individualized education program.
This section does not allow an agency to reduce medical and other assistance available to children with disabilities to receive services that are also part of a free appropriate public education or to alter the requirements and eligibility of a child with disabilities under Title V, maternal and child health; Title XIX, Medicaid; or Title XXI of the Social Security Act; or under any other public benefits or insurance program including those required by federal statute.
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 24:05:14 - Administration › Section 24:05:14:01.01 - Coordination of services

Current through Register Vol. 51, page 10, July 15, 2024
Interagency agreements described in §
									24:05:14:01  also include policies and procedures for agencies to use in determining and identifying the interagency coordination responsibilities of each agency in order to promote the coordination and timely and appropriate delivery of services described in §
									24:05:14:01.02.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:01.02 - Obligation of noneducational public agencies

Current through Register Vol. 51, page 10, July 15, 2024
If any public agency other than an educational agency is otherwise obligated under federal or state law, or assigned responsibility under state policy or pursuant to §
									24:05:14:01, to provide or pay for any services that are also considered special education or related services such as assistive technology devices and services, related services described under §
									24:05:27:16, supplementary aids and services, and transition services described under §
									24:05:27:13.02, that are necessary for providing a free appropriate public education to children with disabilities within the state, the public agency shall fulfill that obligation or responsibility, either directly or through contract or other arrangements pursuant to §
									24:05:14:01.
A noneducational public agency may not disqualify an eligible service for Medicaid reimbursement because that service is provided in a school context.
If a public agency other than an educational agency fails to provide or pay for the special education and related services described in this section, the school district or state agency responsible for developing the student's IEP shall provide or pay for these services to the student in a timely manner. The school district or state agency may then claim reimbursement for the services from the public agency that failed to provide or pay for these services and that agency shall reimburse the school district or state agency in accordance to the terms of the interagency agreements described in §
									24:05:14:01.
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 24:05:14 - Administration › Section 24:05:14:01.03 - Children with disabilities covered by public benefits or insurance

Current through Register Vol. 51, page 10, July 15, 2024
A public agency may use the Medicaid or other public benefits or insurance programs in which a student participates to provide or pay for services required under this article as permitted under the public benefits or insurance program, except as provided in this section. With regard to services required to provide FAPE to an eligible student under this article the public agency:
(1) May not require parents to sign up for or enroll in public benefits or insurance programs in order for their student to receive FAPE under Part B of the IDEA;
(2) May not require parents to incur an out-of-pocket expense such as the payment of a deductible or co-pay amount incurred in filing a claim for services provided pursuant to this article, but pursuant to §
									24:05:14:01.06, may pay the cost that the parent otherwise would be required to pay;
(3) May not use a student's benefits under a public benefits or insurance program if that use would:
(a) Decrease available lifetime coverage or any other insured benefit;
(b) Result in the family paying for services that would otherwise be covered by the public benefits or insurance program and that are required for the student outside of the time the student is in school;
(c) Increase premiums or lead to the discontinuation of benefits or insurance; or
(d) Risk loss of eligibility for home and community-based waivers, based on aggregate health-related expenditures;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:01.04 - Use of public benefits or insurance - Annual notification

Current through Register Vol. 51, page 10, July 15, 2024
A public agency, before accessing a student's or parent's public benefits or insurance for the first time, and annually thereafter, must provide written notification consistent with §
									24:05:30:06  to the student's parents that includes a statement:
(1) Of the parental consent and no cost requirements in §
									24:05:14:01.03;
(2) That parents have the right under FERPA, as defined in §
									24:05:29:02(1), and Part B of the IDEA to withdraw their consent to disclosure of their student's personally identifiable information to the state Medicaid agency at any time; and
(3) That the withdrawal of consent or refusal to provide consent under FERPA and Part B of the IDEA to disclose personally identifiable information to the state Medicaid agency does not relieve the school district of its responsibility to ensure that all required services are provided at no cost to the parents.
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 24:05:14 - Administration › Section 24:05:14:01.05 - Children with disabilities covered by private insurance

Current through Register Vol. 51, page 10, July 15, 2024
With regard to services required to provide FAPE to an eligible student under this article, a public agency may access a parent's private insurance proceeds only if the parent provides informed consent consistent with this article. Each time the public agency proposes to access the parent's private insurance proceeds, it must:
(1) Obtain parent consent in accordance with this article; and
(2) Inform the parents that their refusal to permit the public agency to access their private insurance does not relieve the public agency of its responsibility to ensure that all required services are provided at no cost to the parents.
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 24:05:14 - Administration › Section 24:05:14:01.06 - Use of Part B funds for insurance costs

Current through Register Vol. 51, page 10, July 15, 2024
If a public agency is unable to obtain parental consent to use the parent's private insurance, or public benefits or insurance if the parent would incur a cost for a specified service required under this article, to ensure FAPE, the public agency may use funds obtained through Part B of IDEA to pay for the service.
To avoid financial cost to parents who otherwise would consent to use private insurance, or public benefits or insurance if the parent would incur a cost, the public agency may use funds obtained through Part B of IDEA to pay the cost the parents otherwise would have to pay to use the parent's benefits or insurance (e.g., the deductible or co-pay amounts).
Proceeds from public benefits or insurance or private insurance may not be treated as program income for purposes of 34 C.F.R. § 80.25.
If a public agency spends reimbursements from federal funds (e.g., Medicaid) for services under this article, those funds are not considered "state or local" funds for purposes of the maintenance of effort provisions in this article.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:13 - Performance goals and indicators

Current through Register Vol. 51, page 10, July 15, 2024
The department shall have in effect established goals for the performance of children with disabilities in the state that:
(1) Promote the purposes of Part B of the Individuals with Disabilities Education Act;
(2) Are the same as the state's objectives for progress by children in its definition of adequate yearly progress, including the state's objectives for progress by children with disabilities, under the ESEA;
(3) Address graduation rates and dropout rates, as well as such other factors as the state may determine; and
(4) Are consistent, to the extent appropriate, with any other goals and academic standards for children established by the state.
The department shall have in effect established performance indicators that the state shall use to assess progress toward achieving the above goals including measurable annual objectives for progress by children with disabilities under the ESEA. Annually, the department shall report to the U.S. Secretary of Education and the public on the progress of the state, and of children with disabilities in the state, toward the goals established under this section, which may include elements of the reports required under the ESEA.
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 24:05:14 - Administration › Section 24:05:14:14 - Participation in assessments

Current through Register Vol. 51, page 10, July 15, 2024
All children with disabilities shall be included in all general state and district-wide assessment programs, including assessments described in the ESEA, with appropriate accommodations and alternate assessments if necessary and as indicated in their respective IEPs. As appropriate, the department or local educational agencies shall develop guidelines for the provision of appropriate accommodations.
The department's or local educational agencies' guidelines for the provision of appropriate accommodations shall:
(1) Identify only those accommodations for each assessment that do not invalidate the score; and
(2) Instruct IEP teams to select, for each assessment, only those accommodations that do not invalidate the score.
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 24:05:14 - Administration › Section 24:05:14:14.01 - Alternate assessments

Current through Register Vol. 51, page 10, July 15, 2024
As appropriate, the department or local educational agency shall develop and implement alternate assessments and guidelines for the participation of children with disabilities in alternate assessments for those children who cannot participate in regular assessments even with accommodations as indicated in their respective individualized education programs. The alternate assessments and guidelines shall provide for alternate assessments that:
(1) Are aligned with the state's challenging academic content standards and challenging student academic achievement standards;
(2) If the state has adopted modified academic achievement standards permitted under the regulations promulgated to carry out the ESEA, measure the achievement of children with disabilities against those standards; and
(3) If the state has adopted alternate academic achievement standards permitted under the regulations promulgated to carry out the ESEA, measure the achievement of children with the most significant cognitive disabilities against those standards.
As appropriate, the department or local educational agency shall provide IEP teams with a clear explanation of the differences between assessments based on grade-level academic achievement standards and those based on modified or alternate academic achievement standards, including any effects of state or local policies on the student's education resulting from taking an alternate assessment based on alternate or modified academic achievement standards, such as whether only satisfactory performance on a regular assessment would qualify a student for a regular high school diploma.
As appropriate, the department or local educational agency shall ensure that parents of students selected to be assessed based on alternate or modified academic achievement standards are informed that their child's achievement will be measured based on alternate or modified academic achievement standards.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:15 - Reports relating to assessments

Current through Register Vol. 51, page 10, July 15, 2024
As appropriate, the department or local educational agency shall make available to the public, and report to the public with the same frequency and in the same detail as it reports on the assessment of nondisabled children, the following information:
(1) The number of children with disabilities participating in regular assessments and the number of those children who were provided accommodations that did not result in an invalid score in order to participate in those assessments;
(2) The number of children with disabilities, if any, participating in alternate assessments based on grade-level academic achievement standards;
(3) The number of children with disabilities, if any, participating in alternate assessments based on modified academic achievement standards;
(4) The number of children with disabilities, if any, participating in alternate assessments based on alternate academic achievement standards; and
(5) Compared with the achievement of all children, including children with disabilities, the performance results of children with disabilities on regular assessments, alternate assessments based on grade-level academic achievement standards, alternate assessments based on modified academic achievement standards, and alternate assessments based on alternate academic achievement standards if:
(a) The number of children with disabilities participating in those assessments is sufficient to yield statistically reliable information; and
(b) Reporting that information will not reveal personally identifiable information about an individual student on those assessments.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:15.01 - Use of universal design in assessments

Current through Register Vol. 51, page 10, July 15, 2024
As appropriate, the department or local educational agency shall, to the extent possible, use universal design principles in developing and administering any assessments under this section.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:16 - Suspension and expulsion rates

Current through Register Vol. 51, page 10, July 15, 2024
The department shall examine data, including data disaggregated by race and ethnicity, from local education agencies and other state agencies, as appropriate, to determine whether significant discrepancies are occurring in the rate of long-term suspensions and expulsions of children with disabilities among local educational agencies in the state or compared to the rates for nondisabled children within the agencies. If discrepancies are occurring, the department shall review and, if appropriate, revise or require the affected local education agency or state agency to revise its policies, procedures, and practices relating to:
(1) The development and implementation of individualized education programs;
(2) The use of positive behavioral interventions and supports; and
(3) Procedural safeguards to ensure that these policies, procedures, and practices comply with 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 24:05:14 - Administration › Section 24:05:14:17 - Access to instructional materials

Current through Register Vol. 51, page 10, July 15, 2024
The department shall adopt the National Instructional Materials Accessibility Standard (NIMAS), for the purposes of providing instructional materials to blind persons or other persons with print disabilities. Blind persons or other persons with print disabilities means children served under this article who qualify to receive books and other publications produced in specialized formats in accordance with the federal Act to Provide Books for Adults who are Blind, in accordance with 2 U.S.C. 135 a, as amended to January 1, 2007.
In implementing NIMAS, the department shall coordinate with the National Instructional Materials Accessibility Center (NIMAC), and the department:
(1) As part of any print instructional materials adoption process, procurement contract, or other practice or instrument used for purchase of print instructional materials, shall enter into a written contract with the publisher of the print instructional materials to:
(a) Require the publisher to prepare and, on or before delivery of the print instructional materials, provide to NIMAC electronic files containing the contents of the print instructional materials using the NIMAS; or
(b) Purchase instructional materials from the publisher that are produced in, or may be rendered in, specialized formats;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:14 - Administration › Section 24:05:14:18 - State advisory panel - General

Current through Register Vol. 51, page 10, July 15, 2024
The department shall establish and maintain an advisory panel for the purpose of providing policy guidance with respect to special education and related services for children with disabilities in 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 24:05:14 - Administration › Section 24:05:14:19 - State advisory panel - Membership

Current through Register Vol. 51, page 10, July 15, 2024
The advisory panel must consist of members appointed by the Governor, or any other official authorized under state law to make such appointments, be representative of the state population, and be composed of individuals involved in, or concerned with, the education of children with disabilities, including:
(1) Parents of children with disabilities, ages birth through 26;
(2) Individuals with disabilities;
(3) Teachers;
(4) Representatives of institutions of higher education that prepare special education and related services personnel;
(5) State and local education officials, including officials who carry out activities under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, as amended to January 1, 2007;
(6) Administrators of programs for children with disabilities;
(7) Representatives of other state agencies involved in the financing or delivery of related services to children with disabilities;
(8) Representatives of private schools;
(9) Not less than one representative of a vocational, community, or business organization concerned with the provision of transition services to children with disabilities;
(10) A representative from the state child welfare agency responsible for foster care; and
(11) Representatives from the state juvenile and adult corrections agencies.
A majority of the members of the panel must be individuals with disabilities or parents of children with disabilities, ages birth through 26.
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 24:05:14 - Administration › Section 24:05:14:20 - State advisory panel - Duties

Current through Register Vol. 51, page 10, July 15, 2024
The advisory panel shall:
(1) Advise the department of unmet needs within the state in the education of children with disabilities;
(2) Comment publicly on any rules proposed by the department related to the education of children with disabilities;
(3) Advise the department in developing evaluations and reporting on data to the U.S. Secretary of Education under section 618 of the IDEA;
(4) Advise the department in developing corrective action plans to address findings identified in federal monitoring reports under Part B of the IDEA; and
(5) Advise the department in developing and implementing policies related to the coordination of services for 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 24:05:14 - Administration › Section 24:05:14:21 - Prohibition on mandatory medication

Current through Register Vol. 51, page 10, July 15, 2024
State and school district personnel may not require parents to obtain a prescription for substances identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act, as amended to January 1, 2007, for a child as a condition of attending school, receiving an evaluation under chapter 24:05:25, or receiving services under this article.
Nothing in this section may be construed to create a federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians related to a student's academic and functional performance, or behavior in the classroom or school, or related to the need for evaluation for special education or related services under chapter 24:05:22 related to child find.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:15 - State complaints › Section 24:05:15:02 - Complaint

Current through Register Vol. 51, page 10, July 15, 2024
A complaint is a written signed statement by an individual or organization, including an individual or organization from another state, containing a statement that the department of education or a school district has violated a requirement of federal or state statutes, rules, or regulations that apply to a program and a statement of the facts on which the complaint is based. The complaint must allege a violation that occurred not more than one year before the date the complaint is received by the department. The written signed statement shall also include:
(1) The signature and contact information for the complainant; and
(2) If alleging violations with respect to a specific child:
(a) The name and address of the residence of the child;
(b) The name of the school the child is attending;
(c) In the case of a homeless child or youth, available contact information for the child and the name of the school the child is attending;
(d) A description of the nature of the problem of the child, including facts related to the problem; and
(e) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:15 - State complaints › Section 24:05:15:02.01 - Remedies

Current through Register Vol. 51, page 10, July 15, 2024
In resolving a complaint in which it has found a failure to provide appropriate services, the department, pursuant to its general supervisory authority under Part B of the IDEA, shall address:
(1) The failure to provide appropriate services, including corrective actions appropriate to address the needs of the student such as compensatory services or monetary reimbursement; and
(2) Appropriate future provision of services for all students with disabilities.
General Authority:
SDCL  13-37-1.
Law Implemented:
SDCL  13-37-1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:15 - State complaints › Section 24:05:15:03 - Complaint procedure

Current through Register Vol. 51, page 10, July 15, 2024
An organization or individual may file a written, signed complaint with the state director of special education. The party filing the complaint shall forward a copy of the complaint to the school district serving the child at the same time the party files the complaint with 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 24:05:15 - State complaints › Section 24:05:15:05 - Complaint against a school district

Current through Register Vol. 51, page 10, July 15, 2024
If the complaint is against a school district, the following steps shall be taken:
(1) The state director of special education shall appoint a complaint investigation coordinator from the department's special education programs. The coordinator and any consultants may conduct an independent on-site investigation if it determines that one is necessary;
(2) The complainant may submit additional information, either orally or in writing, about the allegations in the complaint;
(3) The school district may respond to the complaint, including, at a minimum:
(a) At the discretion of the school district, a proposal to resolve the complaint; and
(b) An opportunity for a parent who has filed a complaint and the school district to voluntarily engage in mediation consistent with this article;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:05 - Special education › Chapter 24:05:15 - State complaints › Section 24:05:15:06 - Time limits

Current through Register Vol. 51, page 10, July 15, 2024
All complaints must be resolved within 60 days after receipt of the complaint by the state director of special education except as stated in this section. The time limit of 60 days may be extended only under exceptional circumstances as determined by the state director of special education, such as the need for additional time to provide necessary information. Under these circumstances, an extension of time may not exceed 30 days in any one instance.
In addition, the 60-day time limit may be extended, if the parent, individual, or organization and the school district involved in the complaint agree to engage in mediation in order to attempt to resolve the issues specified in the complaint.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-37-1.1.