South Dakota Special Education Requirements
What special education requirements does South Dakota have beyond federal law?
South Dakota's state-specific special education requirements are found primarily in SDCL Chapter 13-37 and ARSD Article 24:05. Key state-specific features include: (1) A unique evaluation timeline of 25 school days from parental consent plus 30 calendar days for eligibility and IEP meeting (ARSD 24:05:25:03), which is more compressed than many states; (2) State-specific disability terminology — 'cognitive disability' (instead of intellectual disability) and 'emotional behavioral disability' (instead of emotional disturbance), both defined with state-specific criteria in ARSD 24:05:24.01; (3) FAPE is available from age 3 through age 21 or completion of a secondary program under SDCL 13-37-1, with Part C early intervention for birth-to-3 infants requiring prolonged assistance (ARSD 24:05:22:04); (4) One-party recording consent under SDCL 23A-35A-20, allowing parents to legally record IEP meetings without notifying other participants; (5) Special education cooperatives authorized under SDCL 13-5-31 enabling rural districts to pool resources for delivering services; (6) Restraint and seclusion policy requirements from SB 46 (2018) mandating district-level policies with specific minimum elements; (7) Extended school year (ESY) eligibility based on regression/recoupment data referenced in ARSD 24:05:27:18 and 24:05:27:19; (8) South Dakota uses the Multi-State Alternate Assessment (MSAA) for ELA and math and the SDSA-Alt for science, with IEP teams determining alternate assessment eligibility based on three criteria for significant cognitive disability. The SD DOE's Office of Education Services and Supports oversees special education compliance and monitoring.
What South Dakota Requires
South Dakota uses a 25-school-day evaluation window plus 30 calendar days for eligibility/IEP, unique among states (ARSD 24:05:25:03).
State terminology: 'cognitive disability' (ARSD 24:05:24.01:11) and 'emotional behavioral disability' (ARSD 24:05:24.01:16) are used rather than federal terms 'intellectual disability' and 'emotional disturbance.'
FAPE is available from age 3 through 21 under SDCL 13-37-1; services extend until the end of the fiscal year in which the student turns 21.
South Dakota is a one-party recording consent state (SDCL 23A-35A-20); parents may record IEP meetings without notifying other attendees.
Special education cooperatives (authorized under SDCL 13-5-31) serve as the primary service delivery mechanism for rural and small districts throughout South Dakota.
ESY eligibility is determined by the IEP team based on regression/recoupment data, maintenance of critical life skills, and/or emerging skills (ARSD 24:05:27:18–19).
School districts must adopt written restraint and seclusion policies meeting minimum state requirements from SB 46 (2018), effective July 1, 2018.
Key Timelines
Initial evaluation: 25 school days from parental consent, plus 30 calendar days for eligibility determination and IEP team meeting (ARSD 24:05:25:03).
FAPE: age 3 through 21 or completion of secondary program (SDCL 13-37-1).
Prior written notice: at least 5 days before proposed change (ARSD 24:05:30:04).
Records request: 45 calendar days to respond (ARSD 24:05:29:04).
Restraint/seclusion parent notification: same business day (SB 46, 2018).