IDEA Disability Categories in South Dakota
What disability categories qualify for an IEP in South Dakota?
South Dakota recognizes 13 disability categories under ARSD 24:05:24.01:01, consistent with IDEA, though some state-specific terminology differs from federal terms. The categories are: (1) Autism Spectrum Disorder — defined under ARSD 24:05:24.01:04 using DSM-5 criteria requiring persistent deficits in social communication and interaction plus restricted/repetitive behaviors, with symptoms present in the early developmental period; (2) Deaf-Blindness; (3) Deafness; (4) Hearing Loss; (5) Cognitive Disability — South Dakota uses 'cognitive disability' rather than 'intellectual disability,' defined under ARSD 24:05:24.01:11 as significantly below-average general intellectual functioning (2+ standard deviations below the mean on a full-scale cognitive assessment) existing concurrently with deficits in adaptive behavior, generally manifested before age 18; (6) Multiple Disabilities; (7) Orthopedic Impairment; (8) Other Health Impairments (including ADHD, requiring behavioral evaluations when ADHD is the suspected impairment); (9) Emotional Behavioral Disability — South Dakota's term for what federal IDEA calls 'emotional disturbance,' defined under ARSD 24:05:24.01:16 as exhibiting specific characteristics to a marked degree over a long period of time, including inability to learn not explained by other factors, inability to maintain relationships, inappropriate behavior, pervasive unhappiness, or physical symptoms related to school or personal problems; (10) Specific Learning Disabilities; (11) Speech or Language Impairments; (12) Traumatic Brain Injury; (13) Vision Loss including Blindness. A student must need special education itself (not merely a related service alone) to be classified as a student with a disability under ARSD 24:05:24.01:01.
What South Dakota Requires
South Dakota recognizes 13 disability categories under ARSD 24:05:24.01:01; a student must need special education (not merely a related service) to qualify as a student with a disability.
South Dakota uses 'cognitive disability' instead of 'intellectual disability' — defined as general intellectual functioning 2+ standard deviations below the mean plus concurrent adaptive behavior deficits manifested before age 18 (ARSD 24:05:24.01:11).
South Dakota uses 'emotional behavioral disability' instead of federal 'emotional disturbance' — defined as exhibiting to a marked degree over a long period of time one or more specified characteristics adversely affecting educational performance (ARSD 24:05:24.01:16).
Autism spectrum disorder eligibility requires DSM-5 criteria: all deficits in social communication, at least 2 restricted/repetitive behaviors, symptoms in early developmental period, and clinically significant impairment (ARSD 24:05:24.01:04).
Developmental delay may be used for children ages 3–9 who function 2+ standard deviations below the mean in one area or 1.5 standard deviations below the mean in two or more areas of development (ARSD 24:05:24.01:09).
An IEP team override procedure (ARSD 24:05:24.01:31) permits eligibility determination when standard procedures yield invalid findings, with documented objective data and team sign-off.
Key Timelines
Eligibility must be determined within 30 days after the 25-school-day evaluation window closes (ARSD 24:05:25:03; S.D. Admin. R. 24:05:25:03).
Reevaluation to confirm continued eligibility must occur at least once every three years, unless parent and district agree it is unnecessary (34 CFR 300.303).
Developmental delay category is limited to children ages 3–9; the IEP team must determine an appropriate category at or before age 9 (ARSD 24:05:24.01:09).