IEP Eligibility in South Dakota: Who Qualifies?
What qualifies a child for an IEP in South Dakota?
Eligibility for special education in South Dakota is governed by ARSD 24:05:24.01 and requires both a qualifying disability and a demonstrated need for special education. A student is only considered a 'student with a disability' under ARSD 24:05:24.01:01 if they need special education itself, not merely a related service alone. The 13 recognized disability categories include autism spectrum disorder, deaf-blindness, deafness, hearing loss, cognitive disability, multiple disabilities, orthopedic impairment, other health impairments, emotional behavioral disability, specific learning disabilities, speech or language impairments, traumatic brain injury, and vision loss including blindness. For specific learning disabilities, districts may use either the severe discrepancy model (1.5 standard deviations between achievement and intellectual ability in one or more eligibility areas, per ARSD 24:05:25:12) or a Response to Intervention (RTI) model, provided the district submits an SDDOE-approved RTI proposal. Evaluations must address all areas related to the suspected disability and use no single measure as the sole criterion (ARSD 24:05:25:04). Eligibility is determined by a multidisciplinary team drawing upon information from varied sources including parent input. An IEP team override procedure under ARSD 24:05:24.01:31 permits eligibility when standard procedures yield invalid findings, with documented objective data and team consensus. South Dakota FAPE is available to students ages 3 through 21 who have not completed a secondary program (SDCL 13-37-1). Early intervention services under Part C (birth to 3) are available for infants and toddlers requiring prolonged assistance (ARSD 24:05:22:04).
What South Dakota Requires
A student must have a qualifying disability that adversely affects educational performance AND must need special education itself (not merely a related service alone) to be eligible (ARSD 24:05:24.01:01).
Evaluation must address all areas related to the suspected disability; no single measure or assessment may be used as the sole criterion for eligibility (ARSD 24:05:25:04; 34 CFR 300.304(b)(1)).
For specific learning disability determination, districts may use a severe discrepancy model (1.5 standard deviations between achievement and ability) or an approved RTI model (ARSD 24:05:25:12).
Developmental delay may be used for children ages 3–9 with severe delay (2+ standard deviations below mean in one area, or 1.5 standard deviations in two or more areas) (ARSD 24:05:24.01:09).
When standard evaluation procedures yield invalid results, the IEP team may use the override procedure (ARSD 24:05:24.01:31) with documented objective data and all team members signing off.
FAPE is available from age 3 through age 21 (or completion of a secondary program) under SDCL 13-37-1; Part C early intervention is available for birth-to-3 infants and toddlers requiring prolonged assistance (ARSD 24:05:22:04).
Key Timelines
Initial evaluation must be completed within 25 school days of parental consent; written reports, eligibility determination, and IEP team meeting must occur within 30 days after the 25-school-day evaluation window (ARSD 24:05:25:03).
Reevaluation must occur at least once every three years, unless the parent and district agree in writing that it is unnecessary (34 CFR 300.303).
The IEP must be developed and implemented within 30 days of initial eligibility determination (34 CFR 300.323(c)).