13-37-1. Children in need of special education or special education and related services. As used in this chapter, “children in need of special education or special education and related services” means any person under the age of twenty-one years who is a resident of the State of South Dakota and who, because of his educational […]
13-37-1.1. Rules governing standards for special education. The South Dakota Board of Education Standards may adopt rules, pursuant to chapter 1-26, governing standards for educational and noneducational programs, public and nonpublic, serving children in need of special education or special education and related services and children, ages birth through two, with developmental delays and severe […]
13-37-1.2. Department as agency responsible for special education–Regulatory and coordinating authority. The Department of Education is hereby designated as the state agency with responsibility for the education of children in need of special education or special education and related services. In accordance with §13-37-1.1, the department has regulatory and coordinating authority over any program within […]
13-37-1.3. Free education for special education children. Each school district shall provide all of its resident children in need of special education or special education and related services, as defined in §13-37-1, with a free appropriate public education, as defined in rules promulgated pursuant to chapter 1-26 by the South Dakota Board of Education Standards. […]
13-37-13. Expenditures for education of children in need in state-owned institutions. The secretary of the Department of Education or any school district may expend any public funds under the provisions of this chapter for the education of children in need enrolled in any state-owned institution, including transportation as provided in §13-37-8.9. The provisions of this […]
13-37-16. District tax levy for special education–School district special education fund. For taxes payable in 2023, and each year thereafter, the school board shall levy no more than one dollar and fifty-nine and nine-tenths cents per thousand dollars of taxable valuation, as a special levy in addition to all other levies authorized by law for […]
13-37-16.2. Levy equalization. If local effort increases on a statewide aggregate basis by a greater percentage than local need on a statewide aggregate basis from any one year to the next, for the following year, the levy specified in subdivision 13-37-35.1(7) shall be reduced proportionally so that the percentage increase in local effort on a […]
13-37-16.3. Basis for adjustment to certain levies. Any adjustments in the levy specified in subdivision 13-37-35.1(7) made pursuant to §13-37-16.2 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. However, for fiscal […]
13-37-18. Costs and statistical information included in annual financial report. Special education costs and statistical information shall be included in the annual financial report as provided in §13-13-37. Source: SL 1976, ch 122, §4; SL 1977, ch 136, §1; SL 1980, ch 134, §3; SL 1995, ch 101, §15; SL 2013, ch 79, §10.
13-37-2. Special education defined–Conformity to approved program where possible. As used in this chapter, unless the context otherwise requires, “special education” means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall include school instruction conforming as nearly […]
13-37-2.1. Surrogate parent defined. As used in this chapter, the term, surrogate parent, means any individual assigned by the district to act in place of the parent of a child in need of special education when the school district cannot identify or locate the parent or the child is a ward of the state. Source: […]
13-37-20. Payment of claims for direct services. Agencies or individuals providing a service directly to children in need of special education or special education and related services under the provisions of this chapter shall be authorized to recover authorized costs from the school district special education fund on a monthly basis. Source: SDC Supp 1960, […]
13-37-27. Surrogate parent acting in place of parent–Immunity–Exceptions. The surrogate parent may act in place of the parent in all matters relating to the identification, evaluation, and educational placement of a child in need; and to the provision of a free appropriate public education to the child in need. The surrogate parent is immune from […]
13-37-28. Definition of autism spectrum disorder. For the purposes of this chapter, the Department of Education shall use the definition of autism spectrum disorder contained in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association to define autism spectrum disorder in rules promulgated pursuant to chapter 1-26. Source: […]
13-37-28.1 . Dyslexia defined. For the purposes of this chapter, dyslexia is a learning disability that is neurological in origin. It is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected […]
13-37-29. Blind student defined for purposes of braille literary assessment and educational services. For the purposes of §13-37-30, a blind student is any individual who is eligible for special education services and who has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision […]
13-37-30. Braille literary assessment and educational services for blind students. In developing an individualized written education program for each blind student the presumption shall be that proficiency in braille reading and writing is essential for the student to achieve satisfactory educational progress. The assessment required for each such student shall include a braille skills inventory, […]
13-37-31. Competency of braille instructors–Promulgation of rules. The South Dakota Board of Education Standards shall promulgate rules pursuant to chapter 1-26 governing the determination of the competency of braille instructors according to their education or experience. Source: SL 1991, ch 152, §3; SL 2017, ch 81, §57.
13-37-35.1. Definitions. Terms used in chapter 13-37 mean: (1)”Level one disability,” a mild disability; (2)”Level two disability,” cognitive disability or emotional disorder; (3)”Level three disability,” hearing impairment, deafness, visual impairment, deaf-blindness, orthopedic impairment, or traumatic brain injury; (4)”Level four disability,” autism; (5)”Level five disability,” multiple disabilities; (5A)”Level six disability,” prolonged assistance; (6)”Index factor,” is the […]
13-37-35.2. Department to recalculate allocations for disability levels biennially. The Department of Education shall recalculate the amounts of the allocations for the disability levels defined in §13-37-35.1. The recalculation shall be based on statewide average expenditures as reported to the Department of Education in school district annual reports by disability for the previous three school […]
