IEP Service Delivery in South Dakota
How are IEP services delivered in South Dakota?
South Dakota implements special education service delivery within a least restrictive environment (LRE) framework governed by ARSD 24:05:28:01, which requires that children with disabilities be educated with nondisabled children to the maximum extent appropriate. Special classes, separate schooling, or other removal from regular classrooms may occur only when the nature or severity of the child's needs is such that education in regular classes with supplementary aids and services cannot be achieved satisfactorily (ARSD 24:05:28:01; SDCL 13-37-1.1). The IEP must specify the frequency, location, and duration of each service (ARSD 24:05:27:01.03). South Dakota offers a continuum of placement options including general education with supports, resource room, self-contained classrooms, special schools, homebound instruction, and hospital programs. A distinctive feature of South Dakota's service delivery is the use of special education cooperatives authorized under SDCL 13-5-31, which pool resources across rural districts to provide related services (speech, OT, PT, psychology, early childhood special education) that small districts could not independently sustain. Physical education is a required direct service for all students with disabilities and must be addressed in the IEP under ARSD 24:05:27. The IEP team determines placement after developing the IEP, not before, and must document the rationale for any setting that removes the child from regular education.
What South Dakota Requires
Students must be educated in the least restrictive environment, with removal from regular education only when education with supplementary aids and services cannot be achieved satisfactorily (ARSD 24:05:28:01; SDCL 13-37-1.1).
The IEP must specify the projected start date, anticipated frequency, location, and duration of each special education service and related service (ARSD 24:05:27:01.03; 34 CFR 300.320(a)(7)).
Physical education must be provided as a required component of special education; the IEP must address physical education needs (ARSD 24:05:27; 34 CFR 300.108).
South Dakota school districts may form or contract with special education cooperatives under SDCL 13-5-31 to provide services across member districts, particularly in rural areas.
The IEP must explain the extent to which the student will NOT participate with nondisabled peers in regular class and nonacademic/extracurricular activities (34 CFR 300.320(a)(5)).
Placement decisions must be made by the IEP team (including parents) after developing the IEP, and must be reviewed at least annually (34 CFR 300.116).
Key Timelines
Service delivery must begin on the IEP-specified start date and be in place at the start of each school year (34 CFR 300.323).
Placement must be reviewed at least annually as part of the IEP review (34 CFR 300.115(b)(2); 34 CFR 300.324).
Prior written notice must be given at least 5 days before the district proposes to change the placement or the type/amount of services (ARSD 24:05:30:04).