According to South Dakota records, autism has been confirmed in about 2.02% of the state's adult population. That number may seem small, but it will likely grow as psychologists come to understand the condition better, leading to more accurate diagnoses and effective services. It has also motivated the South Dakota state government to create an educational system that sets up autistic individuals for success.
If you or your child has autism, you have every reason to expect all the support that South Dakota schools can provide. Anytime you have questions or concerns about your educational rights in South Dakota, the Lento Law Firm Education team will help you. Call the Lento Law Firm offices at 888.535.3686 or fill out this contact form to set up a consultation.
Laws and Regulations Governing Accommodations for Autism
Thanks to the Rehabilitation Act of 1973, Individuals with Disabilities in Education Act of 1975, and Americans with Disabilities Act of 1990, the rights of all disabled U.S. citizens have federal protection. To further define and augment those protections, South Dakota has set forth a variety of laws, regulations, and policies specific to the state. The following examples are paramount to its education system.
Interagency Agreements
The Rehabilitation Act dictates that disabled students have a right to a “free appropriate public education,” otherwise known as FAPE. South Dakota employs many strategies to comply with this requirement, but interagency agreements are especially key.
Basically, the state Special Education Department—a subdivision of the South Dakota Department of Education—must collaborate with the Departments of Health, Human Services, Corrections, and Social Services to support disabled students. They may also partner with non-government organizations and professionals as needed. South Dakota boasts numerous autism advocacy groups that work closely with school districts and state departments.
Appropriate Placements
According to the Individuals with Disabilities Act, disabled students should learn in the “least restrictive environment,” emphasizing that they should be around their able-bodied and neurotypical peers as much as possible.
However, for autistic students with particular mental or medical needs, South Dakota strives to foster a high-quality education in more suitable environments, often called “alternative placements.” These include hospitals, residential programs, and even their own homes.
Funding Allocation by Disability Level
All disabilities are distinct from each other, so South Dakota aims to divide its special education funding according to disability levels, assigned by type and severity. Disabilities that require more care and attention than others have greater funding, so it's fair and equitable for everyone. There are six possible levels, and autism is level four. The average autistic student receives accommodations and services between $16,000 and $18,000 annually from a South Dakota school district; the exact amount may vary with each new fiscal year.
Types of Accommodations and Other Supportive Services
If laws and regulations are a framework, then accommodations are the walls and roof. South Dakota enacts its laws by providing numerous accommodations to autistic students throughout its education system. Whether you're the parent of a K-12 child or an adult going to post-secondary school, here's what the state makes available to you.
IEP/504 Plan
Both Section 504 of the Rehabilitation Act and Title II of the Americans with Disabilities Act stipulate that disabled students must have access to reasonable accommodations in an educational environment. However, an accommodation is not a simple adjustment here or there. It requires a whole plan with measurable goals and actions designed to fulfill specific needs.
Autistic students often benefit from physical, mental, emotional, and social assistance. Accommodation plans may look different depending on where they are in their academic careers.
K-12 Schools
Like K-12 schools in other states, South Dakota's school system organizes support for disabled students through Individual Education Plans, or IEPs. Each plan is the result of a collaboration among teachers, administrators, counselors, and parents to determine a student's academic needs and how best to fulfill them.
Autistic students may have IEPs that place them in special education programs and auxiliary classes, while others assign aides and therapists. Every IEP is as unique as the student to whom it applies, and it's updated regularly as the student progresses.
Post-Secondary Schools
The ADA and Section 504 apply to post-secondary schools. Although only K-12 schools use IEPs, South Dakota boasts organizations like the Transition Services Liaison Project and the iTransition app to help autistic and other disabled students apply or evolve their IEPs to their lives after high school graduation.
South Dakota Multi-tiered Systems of Support
Students with severe cases of autism might need help beyond these common accommodations. Luckily, South Dakota has considered this possibility and planned accordingly by creating its own Multi-tiered Systems of Support, or MTSS.
K-12 Schools
Intended as a partner or extra layer for IEPs, the MTSS authorizes educators and counselors to formulate more targeted plans for specific problem areas. It includes detailed goals, incentives, resources, and comprehensive progress measurements, each handled by specialized team members. No matter what grade your child is in, the MTSS is available if the school's educators and counselors think it's necessary.
Post-Secondary Schools
The MTSS is designed particularly for K-12 students, so post-secondary schools don't use it. Nevertheless, this leaves South Dakota post-secondary schools freer to provide extra accommodations in whatever ways they see fit rather than following predetermined guidelines.
Speech Pathology
Students must be able to communicate effectively with their peers and teachers, but students with autism sometimes struggle in that area. They may experience disfluency, repetitiveness, poor articulation, and general speech delay. South Dakota schools help by offering speech pathology services.
- K-12 Schools - Many speech pathologists throughout South Dakota are happy to work with K-12 school districts to provide their services for autistic students. They may either collaborate with the students on their campuses, arrange office appointments, or use remote meeting apps.
- Post-Secondary Schools - Section 504 demands that post-secondary schools facilitate speech pathology services for their autistic students. Usually, this takes the form of recommending competent therapists or scheduling meetings that work with the students' schedules.
Color Contrast/Overlays/Text-to-Speech
The size, colors, and styles of words and images sometimes cause autistic people to experience visual overstimulation. This makes reading uncomfortable or simply undoable. Color contrasts, overlays, and text-to-speech functions are all potential solutions that South Dakota offers its students.
- K-12 Schools - Numerous educators report that colored overlays are helpful for books and other paper materials. They decrease the amount and intensity of light waves that come from harsh colors. Blue and green are popular choices for overlays, as they inspire serenity and calm the mind. In K-12 school districts that assign computers or tablets to their students, autistic learners can select whatever colors and contrast settings they like for backgrounds and fonts. If that doesn't make reading much easier, they also have text-to-speech functionalities as options.
- Post-Secondary Schools - As an adult, you can usually choose traditional or digital books for your post-secondary classes. Either way, the school can assist you with obtaining colored overlays, contrasts, and text-to-speech apps that will help you with reading and studying.
Noise Buffers
Even for neurotypical people, loud or persistent noises are often frustrating and distracting. It's no surprise that they can be significant stressors for autistic students, sometimes leading to a loss of focus or control over emotions. South Dakota approves noise buffers to resolve this issue.
- K-12 Schools - In K-12 schools, lessons typically involve a lot of verbal communication among teachers and students. By contrast, tests and in-class homework are supposed to be quiet. Those are great times for teachers to supply autistic students with noise buffers like headphones, earplugs, or earmuffs.
- Post-Secondary Schools - A lot of post-secondary schools in South Dakota may not allow headphones during tests because some students use them to cheat. However, they are usually fine for in-class homework or study hours. Earmuffs and earplugs are appropriate anytime students are not expected to communicate verbally with each other or the instructors.
Separate Setting
Despite a school's best efforts to accommodate an autistic student visually and audibly, they may sometimes experience sensory overload or social and emotional exhaustion. In such cases, South Dakota schools provide separate settings that enable better concentration and mental recharge.
- K-12 Schools - Since South Dakota's K-12 schools are already set up with rooms reserved for special education classes, they're prepared to place autistic students in rooms or other areas away from their peers' busy classrooms. With fewer visual and audial distractions, they may have an easier time studying and completing tests.
- Post-Secondary Schools - You may need to meet in-person attendance requirements to pass some classes in South Dakota's post-secondary schools. Other than that, however, these schools will likely allow you to learn course material or complete tests in separate rooms and designated study areas, provided you have documentation showing that you perform better that way.
Occupational Therapy
Teachers expect students to know how to complete certain everyday tasks in an educational environment, including writing, managing behaviors, socializing appropriately, and more. These can be challenging for students with severe autism. South Dakota tries to close the gap between them and their neurotypical peers with occupational therapy.
- K-12 Schools - Occupational therapists commonly work with K-12 school districts throughout South Dakota, meeting with disabled students to help them improve skills as outlined in their IEPs. Lessons may cover everything from fine motor to soft skills.
- Post-Secondary Schools - Even in adulthood, some normal tasks are difficult to execute for people with autism. If you're attending a post-secondary school and need support with everyday expectations, talk to a campus counselor. Per Section 504, they can accommodate you with an aide or occupational therapist.
Therapeutic Recreation
Hobbies and exercise are crucial for everyone, including people with autism. In fact, doing physical activities and engaging in special interests can help them feel healthy enough to perform well in school. That's why South Dakota incorporates therapeutic recreation in its support system for autistic students.
- K-12 Schools - South Dakota's K-12 schools offer numerous sports, artistic electives, and science classes, teams, and clubs for all their students. Teachers and counselors can also use them in IEPs for autistic students to ensure they have the physical and emotional well-being they need to succeed.
- Post-Secondary Schools - With their wide variety of classes and clubs focusing on different subjects and hobbies, post-secondary schools are great at accommodating autistic students with recreational therapy. If you're not sure what's available or doable, collaborate with a counselor for assistance.
Counseling/Psychological Services
Because it's designed primarily by and for neurotypical and able-bodied people, the world often puts many obstacles in the paths of those with disabilities like autism. The psychological pressure tends to negatively affect mental health, which may impact academic performance. Consequently, South Dakota offers counseling and other psychological services as an accommodation.
- K-12 Schools - South Dakota K-12 schools hire counselors for their districts to assist with an array of academic and mental health issues. They are available to fulfill many mental health goals that an autistic student may require per their IEP. For more complex needs, the school may also arrange for the student to meet with a psychologist or psychiatrist.
- Post-Secondary Schools - South Dakota's largest post-secondary schools may keep counselors and psychologists on their campuses to facilitate easy access for all students, including those with autism. Smaller schools will still fulfill their obligations to Section 504 by helping you meet with an appropriate professional around your academic schedule.
Extended School Year (ESY)
Some disabilities prevent students from reaching their academic targets during the school year. South Dakota's version of the Extended School Year (ESY) program is designed to help autistic students who experience this problem.
- K-12 Schools - Autistic students who struggled during the school year have the option to use the ESY to attend more classes, activities, and programs during breaks at no additional cost to the parents. As long as the ESY supports the goals of the IEP, it could make a significant difference in preparing your child for the start of a new school year.
- Post-Secondary Schools - ESY programs are only available for South Dakota's K-12 schools. Nevertheless, some post-secondary schools in the state offer additional courses, activities, internships, and other programs for students to take during breaks if they need extra time on their studies. If you have difficulty participating in one, ask a counselor to help you in accordance with Section 504.
How to Obtain Accommodations
Now you know the typical accommodations that autistic students can expect in South Dakota. The next step is obtaining them. The process may not be the same for every school, but they all come down to an order of events similar to the following.
For K-12 Students
South Dakota's K-12 school districts seek to make accommodations a team effort among counselors, teachers, administrators, and parents. If you know or suspect your child has autism, here's what to do to ensure that the school takes care of them.
- Get a Referral - First, you need a written referral for the special education department. They are most likely to act on the referral if you can present ample evidence of autism. You may already have an official diagnosis report from a doctor, which could expedite this step. Otherwise, work with your child's teacher to document your child's behaviors and symptoms over a few weeks.
- Arrange an Evaluation - Once the special education department accepts your referral, they will collaborate with you to get a professional evaluation for your child. It will assess and confirm your child's autism, then determine what accommodations are most necessary and appropriate for their unique case.
- Create an IEP - Finally, the school's counselors and administrators will use the data gathered from the evaluation to decide on an Individual Education Plan or IEP. You have a say in what goes into it. Communicate your hopes, goals, and concerns regarding your child so that the plan is properly tailored for them.
For Post-Secondary Students
You'll find disability support departments in most of South Dakota's post-secondary schools. They serve as the starting point to obtain accommodations for your autism. This is generally what you can expect from the process.
- Meet with a Specialist - After gaining acceptance to the school you want to attend, schedule to meet with a counselor or other specialist in the campus disability support department. Arrive ready to explain your disability and needs. You may also have to fill out a student disability registration form, depending on the school.
- Supply Documents - As the school considers how best to accommodate your autism, they will likely require you to give them documents to review. Helpful documents may include medical reports, psychiatric evaluations, and past IEPs or Section 504 plans. The school may ask you to undergo additional evaluations if they're unsatisfied with the documents you already have.
- Organize Accommodations - Upon accepting your request, the disability support department will help you figure out what accommodations would suit you best. Ideally, the accommodations would put you on equal footing with your neurotypical peers without disrupting the educational environment.
How to Recognize Discrimination Against Students with Autism
There is no exact science to facilitating accommodations for autism; the right choices can vary widely from person to person and even year to year. Still, some schools may do less than their best to fulfill their legal obligations to their autistic students. If you suspect discrimination, these are the signs that should push you to act.
The School Will Not Exhaust All Options
Federal law specifies that disabled individuals are only entitled to “reasonable” accommodations, leaving some room for legal interpretation. However, South Dakota has already decided that all the aforementioned accommodations are indeed reasonable, as they don't harm, disturb, or inconvenience other students.
If a school will not make an honest attempt at providing the ones that would help you or your child the most—and if they won't apply the state's Multi-tiered Support System for students who are not benefiting enough from the usual accommodations—then the administration might be guilty of discrimination.
Interagency Cooperation is Poor
Per South Dakota law, other government agencies and departments are supposed to collaborate with the state's Department of Education to support and accommodate autistic students. Maybe a school is doing everything it can, but other entities are creating unnecessary delays and obstacles. This could point to discrimination or at least negligence.
You are Refused Funding
As noted, the South Dakota state government allocates a certain amount of funding to autistic students. School counselors and administrators are supposed to document budgetary spending on their disabled students. If you or your child is denied an accommodation for fiscal reasons that don't make sense to you, discrimination could explain it.
Steps to Take Against Discrimination
Both state and federal law have regulations in place to address violations of the rights of disabled individuals. If you think that you or your child has been subjected to negligence or discrimination due to autism, use the resources available to you in South Dakota to set things right. Here's what to do.
Gather Proof
Keep track of all the letters, forms, contracts, IEPs, and emails detailing your exchanges, agreements, and plans with the offending school. Organize them as best you can in chronological order to show evidence of a pattern of failure on the school's part to properly accommodate you or your child.
Hire a Lawyer
With the evidence affirming your grievances, retain a disability accommodations attorney at the Lento Law Firm. They can review your documents and help you navigate the process of receiving justice. Have them accompany you to important meetings with school counselors so that they can speak on your behalf if necessary.
Take Legal Action
If your evidence and legal counsel alone don't persuade the school to correct itself, then legal action may be appropriate. Work with the Lento Law Firm offices to decide whether to file an appeal or lawsuit and then let them fight for you.
Don't Go Without the Accommodations You Need
Every autistic student in South Dakota deserves the opportunity to receive a quality and equitable education so that they can achieve their potential as contributing citizens. The law not only confirms it but is designed to guarantee it. To make sure that the state's schools fully accommodate you or your autistic loved one, call the Lento Law Firm's Education Law Team at 888.535.3686 or fill out a contact form and schedule a consultation.
