IEP Discipline Procedures in South Dakota
Can a school suspend or expel a student with an IEP in South Dakota?
South Dakota's discipline procedures for students with disabilities are governed by ARSD 24:05:26 and align with IDEA requirements under 34 CFR 300.530–300.536. Students with disabilities may be suspended for up to 10 consecutive school days without a manifestation determination review and without the obligation to provide services. Suspensions exceeding 10 school days trigger a manifestation determination review, which must occur within 10 school days of the removal decision (ARSD 24:05:26:09.03). The manifestation determination review must examine whether the conduct was caused by or had a direct and substantial relationship to the child's disability, or whether the conduct was the direct result of the district's failure to implement the IEP. If the behavior is a manifestation of the disability, the student must be returned to the prior placement (unless the parent and district agree to a change), the district must conduct or review an FBA, and a BIP must be implemented or modified. Schools may place students in an interim alternative educational setting (IAES) for up to 45 school days for weapons, drugs, or serious bodily injury offenses regardless of manifestation. Students must continue to receive educational services enabling them to participate in the general curriculum and progress toward IEP goals during removals beyond 10 days (ARSD 24:05:26:02.03; 34 CFR 300.530(d)). The 'stay put' provision prevents unilateral changes of placement during dispute resolution (ARSD 24:05:30:14). When a student with a disability faces expulsion, the superintendent must refer the matter to the placement committee to determine whether the behavior is related to the disability.
What South Dakota Requires
Suspensions up to 10 consecutive school days may occur without a manifestation determination; beyond 10 days, a manifestation determination review is required within 10 school days (ARSD 24:05:26:09.03; 34 CFR 300.530).
If the behavior is a manifestation of the disability, the student must be returned to the prior placement, and the district must conduct an FBA and implement or modify a BIP (ARSD 24:05:26; 34 CFR 300.530(f)).
Students must continue receiving educational services enabling general curriculum participation and IEP goal progress during suspensions beyond 10 school days (ARSD 24:05:26:02.03; 34 CFR 300.530(d)).
Schools may place students in an IAES for up to 45 school days for weapons, drugs, or serious bodily injury violations, regardless of manifestation (34 CFR 300.530(g)).
When expulsion is proposed for a student with a disability, the superintendent must refer the matter to the placement committee to determine disability-behavior relationship (SDCL 13-32-4 and ARSD 24:05:26).
The 'stay put' provision requires the student to remain in the current educational placement during due process proceedings unless parties agree otherwise (ARSD 24:05:30:14; 34 CFR 300.518).
Key Timelines
Manifestation determination review must occur within 10 school days of a disciplinary change of placement (ARSD 24:05:26:09.03; 34 CFR 300.530(e)(1)).
IAES placement may not exceed 45 school days for weapons/drugs/serious bodily injury offenses (34 CFR 300.530(g)).
Services must be provided during removals beyond 10 cumulative school days; specific services begin on day 11 of removal (34 CFR 300.530(d)).
The district must notify parents on the day the removal decision is made for any removal exceeding 10 school days (34 CFR 300.530(h)).