Midwest · SD

South Dakota special education IEP compliance and timelines

Governing regulations: ARSD Article 24:05 (Special Education); SDCL Chapter 13-37. State education agency: South Dakota Department of Education.

Initial evaluation: Initial evaluations must be completed within 25 school days after the district receives signed parent consent to evaluate, unless the school administration and the parents agree to other timelines. Narrow exceptions are listed in ARSD 24:05:25:03.02.
Initial IEP meeting: The IEP team meeting must be held within 30 days from the end of the 25 school day evaluation timeline. (ARSD 24:05:25:03; 34 CFR § 300.323(c)(1))
Annual review: At least once every 365 days (34 CFR § 300.324(b)(1)).
Reevaluation: At least every 3 years; a reevaluation must be completed within 25 school days of signed consent unless other limits are agreed (ARSD 24:05:25:06).
Transition planning: Must be in effect by age 16.
Academic standards: South Dakota Content Standards
IEP forms & systems: No single mandated statewide IEP software. The South Dakota Department of Education publishes model special education forms, and districts and multidistrict cooperatives choose their own platforms.

Where South Dakota differs from the federal baseline

South Dakota has one of the shortest initial evaluation clocks in the country: 25 school days from signed consent (ARSD 24:05:25:03).
Parents and the school administration may agree in writing to a different evaluation timeline, which must still be completed as soon as possible.
Reevaluations follow the same 25 school day clock as initial evaluations (ARSD 24:05:25:06).
Many rural districts provide special education through multidistrict cooperatives that share evaluators and related service staff.

01Signed consent date recorded; evaluation due within 25 school days.
02Eligibility determined and initial IEP meeting scheduled: The IEP team meeting must be held within 30 days from the end of the 25 school day evaluation timeline.
03PLAAFP includes measurable baselines and a statement of how the disability affects involvement in the general curriculum (34 CFR § 300.320(a)(1)).
04Each annual goal is measurable, with condition, behavior, criterion and measurement method (§ 300.320(a)(2)).
05Progress reporting schedule stated for each goal (§ 300.320(a)(3)).
06Transition goals and services in effect by age 16 where applicable.
07Prior Written Notice issued for every proposal or refusal, with all seven § 300.503(b) elements.
08Annual review scheduled within 365 days; reevaluation within 3 years.

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