24:05:26:09.04Determination that behavior was a manifestation.

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

If the school district, the parent, and relevant members of the IEP team determine that the conduct was a manifestation of the student's disability, the IEP team shall either: (1) Conduct a functional behavioral assessment, unless the district had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the student; or (2) If a behavioral intervention plan already has been developed, review the behavioral intervention plan and modify it, as necessary, to address the behavior. In addition, and except as provided in § 24:05:26:08.01, the IEP team shall return the student to the placement from which the student was removed, unless the parent and the district agree to a change of placement as part of the modification of the behavioral intervention plan.

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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