IEP Modifications in South Dakota: Accommodations vs. Modifications
What is the difference between accommodations and modifications in a South Dakota IEP?
Modifications in South Dakota special education are changes to the curriculum, instructional content, or assessment that alter what a student is expected to learn or demonstrate, thereby changing the rigor or standard itself. Unlike accommodations, modifications reduce or change the learning expectations and must be carefully considered by the IEP team under ARSD 24:05:27:01.03. Modifications are documented in the IEP as part of the statement of special education and related services, supplementary aids and services, and program modifications. Common examples include reduced assignment length, simplified reading levels, modified grading criteria, and alternate instructional objectives. South Dakota requires that the IEP clearly distinguish between accommodations (access tools that don't change standards) and modifications (changes to what is learned), since modifications may affect eligibility for standard diplomas and state assessment participation. Students who receive significant modifications to the core curriculum may be candidates for alternate assessment participation under the Multi-State Alternate Assessment (MSAA) or the SD Science Assessment—Alternate (SDSA-Alt), if they also meet the three criteria for significant cognitive disability (ARSD 24:05:27:01.03). The IEP team, including the parent, makes all decisions about modifications as part of the individualized programming process.
What South Dakota Requires
Modifications that alter curriculum content or learning standards must be documented in the IEP as program modifications, separate from accommodations that merely provide access (ARSD 24:05:27:01.03; 34 CFR 300.320(a)(4)).
The IEP must include a statement of program modifications or supports for school personnel to help the child advance toward annual goals and be involved in the general curriculum (34 CFR 300.320(a)(4)).
All regular education teachers, special education teachers, and related services providers must be informed of modifications and their responsibilities for implementation (ARSD 24:05:27:01.03; 34 CFR 300.323(d)).
Modifications must be reconsidered at the annual IEP review, including whether the student needs continued modifications or can progress toward grade-level standards (34 CFR 300.324).
If modifications preclude participation in regular state assessments, the IEP team must document justification for alternate assessment participation consistent with ESSA 1% cap requirements.
Key Timelines
Modifications must be implemented from the IEP effective date (34 CFR 300.323).
Program modifications are reviewed at least annually at the IEP meeting (34 CFR 300.324).
Prior written notice must be given 5 days before the district proposes to initiate, change, or refuse modifications (ARSD 24:05:30:04).