24:05:26:02.01Change of placement for disciplinary removals.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Rulemaking activity

ARSD 24:05 (Special Education)Effective
Article 24:05 (Special Education): 24:05:13:01.; 24:05:16; 24:05:16:05.; 24:05:16:16.03.; 24:05:16:16.04.; 24:05:16:16.05.; 24:05:16:16.06.; 24:05:16:16.07.; 24:05:19:05.09.; 24:05:19:05.10.; 24:05:19:05.11.; 24:05:21:05.; 24:05:25:04.03.; 24:05:28:10.; 24:05:31:02.; and 24:05:32:03.02.Effective
Article 24:10 (Career and Technical Education), Article 24:28 (Educator Certification), and Articles 24:05 (Individual Education Programs) and 24:43 (Accreditation and School Improvement—Curriculum) ***NOTE*** This package includes proposed changes to state graduation requirements. See pages 52-75.Effective
Articles 24:05 (Special Education), 24:15 (Certification), and 24:53 (Teacher Preparation Programs)Effective
Article 24:05 (Extraordinary Costs) Article 24:08 (Professional Teachers) Article 24:11 (Professional Administrators) Article 24:56 (Cooperation in Education) Article 24:57 (Teacher Performance Standards and Evaluation)Effective

For purposes of removal of a student with a disability from the student's current educational placement under this chapter, a change of placement occurs if: (1) The removal is for more than ten consecutive school days; or (2) The student is subjected to a series of removals that constitute a pattern because: (a) They cumulate to more than ten school days in a school year; (b) Of factors such as the length of each removal, the total amount of time the student is removed, and the proximity of the removals to one another; and (c) The student's behavior is substantially similar to the student's behavior in previous incidents that resulted in the series of removals. The public agency determines on a case-by-case basis whether a pattern of removals constitutes a change of placement. This determination is subject to review through due process and judicial proceedings.

Source: 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.

General Authority

SDCL 13-37-1.1 ↗

Law Implemented

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