A free appropriate education is a right all students in the United States have, including students with disabilities. The Individuals with Disabilities Act (IDEA) of 1990 outlines the federal rights and protections students with disabilities have, as well as what schools are required to do to serve all students equitably.
South Dakota provides special education services to more than 23,000 students, from larger districts like Sioux Falls and Rapid City, which serve approximately 3,600 and 1,900 students, respectively, to medium-sized districts like Harrisburg, Aberdeen, Brandon Valley, and Watertown, with counts between 500 and a bit over a thousand; to districts like Meade, Huron, Yankton, Tea Ara, Mitchell, Brookings, and Spearfish, whose students receiving special education number in the hundreds; and on down to South Dakota's smallest school districts. In South Dakota and in every state in the country, no district is untouched by students with special needs, who have a right to services.
If you are a parent or guardian of a student with a disability in South Dakota, we hope this information gives you a clear and comprehensive overview of their rights and avenues for advocating for them. If your child is not getting the equitable education they deserve, you need a strong legal team on your side. Special Education Lawyers at the Lento Law Firm are passionate and experienced advocates who will protect their rights. Call 888-535-3686 for a consultation now, or use the online service.
What Is Considered Special Education in South Dakota?
When we refer to special education, we're referring to services that are designed to help students with social, intellectual, or physical differences and disabilities access and reach success in the education they are entitled to by law. Differences and disabilities could include orthopedic impairments, hearing or visual impairments, intellectual disabilities, speech or language impairments, health conditions, or learning disorders – ADHD, autism spectrum disorder, and dyslexia, among them – as well as psychiatric conditions requiring psychoactive medication.
Federal Laws Protecting Students with Disabilities
Under the Individuals with Disabilities Act (IDEA) and Section 504 of the Rehabilitation Act of 1973, students with disabilities are legally entitled to support and resources they need to meet academic standards, depending on age and grade level.
Some important components:
All children in the United States have a right to a Free Appropriate Public Education (FAPE). For students with disabilities, this may mean receiving additional services or programs at no cost to families.
Individualized Education Programs (IEPs) are plans that guide which supports and services students will receive. IEPs often grow and change with the student as their education continues.
All states must have a State Performance Plan (SPP) to evaluate efforts to implement IDEA and describe how the state will improve student performance/achievement. (South Dakota's State Performance Plan is a 6-year plan with 17 Indicators that have set baselines and targets.)
Schools must make reasonable accommodations so students with disabilities receive an equitable education. This could include equipment, facilities, testing, or schedules that help ensure that a student learns and achieves.
Students with disabilities have a right to learn in the Least Restrictive Environment (LRE) possible. Removing them from peers and regular classrooms should happen as infrequently as possible. This may mean the student has a one-on-one aid in the classroom.
South Dakota State Laws Protecting Students with Disabilities
Beyond federal laws, state and local laws also factor into what rights all students, including students with disabilities, are entitled to. This includes laws protecting them from bullying or victimization, behavioral interventions that violate their IEP (manifestation determination), and failure to provide legally mandated services or accommodations.
Under the South Dakota Legislature's Codified Laws are chapters 13-17, which outline how school districts in the state must provide for the children in its jurisdiction in need of special education and related services with free appropriate public education, per the South Dakota Board of Education Standards.
According to South Dakota Administrative Rule 24:05:21:01, local agencies are required to have comprehensive special education plans approved by their school boards. Plans must include:
- Policies on the availability of FAPE, assistive technology, and extended school-year services
- Service goals and procedures, including a timeline for meeting these goals
- Continuing child find procedures
- Confidentiality and public and student information management policies
- Procedures pertaining to evaluating students, securing parental consent, and student placement
- Least restrictive environment procedures
- The process for developing, reviewing, and revising each student's IEP
- How and when nonacademic services and program options, including physical education, will be provided
- Policies regarding regular checks of medical devices
- Procedures for placement in private schools and voluntary enrollment in nonpublic schools
- Staff professional development and special education staff employment
- Instructional materials purchasing policy
- Prohibition of mandatory medication policy
- Policies on using Part B IDEA funds
- Policy on records for migrant children with disabilities
- Transition policies
- Policies on participation in assessments and performance goals
- Procedural safeguards such as parental consent, opportunity to examine records, procedures for evaluating specific learning disabilities, due process, civil action, reasonable attorney's fees, discipline, and more.
The last item in the list above contains a substantial amount of information for parents of students with disabilities in South Dakota. The state offers school districts a template containing this information, such as the “Parental Rights & Procedural Safeguards” template used by the Sioux Falls School District.
South Dakota's Approach to Special Education
In South Dakota, Special Education Programs run on a regional system with seven regions serving school districts, cooperatives, special schools, and community support providers.
The majority of public school districts in Region 1, for example, are part of the Northeast Educational Services Cooperative (NESC) and receive core services from NESC. Special schools and community support providers in this region include ADVANCE, Children's Home Society, New Horizons, South Dakota School for the Deaf, Spectrum Matters, and Northeast Technical High School.
The South Dakota Department of Education also has a Special Education Advisory Panel (SDAPCD), which serves in an advisory capacity to the Department of Education Office of Special Education Programs (SEP). The panel meets quarterly in Pierre and is made up of:
- Parents of children with disabilities
- Individuals with disabilities
- Teachers
- Teacher training program representatives
- School administrators
- Representatives from private, public, and charter schools
- State foster care representatives
- State juvenile and adult corrections agency representatives
- Representatives from vocational, community, or business organizations involved with transition services
- State and local education officials
What Disabilities Qualify for Special Education in South Dakota?
The disability categories that are eligible for special education services can vary by state. Disabilities overseen by the Department of Education in public schools, as well as many private schools and agencies in South Dakota, include:
- Autism Spectrum Disorder
- Cognitive Disability
- Hearing Loss
- Vision Loss
- Deafness
- Deafness/Blindness
- Emotional Behavioral Disability
- Multiple Disabilities
- Orthopedic Impairment
- Developmental Delay
- Specific Learning Disability
- Speech/Language Impairments
- Traumatic Brain Injury
- Other Health Impairments
In South Dakota, students under the Specific Learning Disabled category make up the majority of students receiving special education services, at more than 7,000. This could refer to students who need services or support in areas like oral expression, listening comprehension, written expression, basic reading skills, reading comprehension, or mathematics calculation and reasoning.
Students with Speech/Language Impairments, whose numbers reach nearly 5,000 throughout South Dakota school districts, also make up a large percentage of students receiving services. Communication disorders under this category include stuttering, impaired articulation, a language disorder, or a voice disorder.
The third most common type of disability in K-12 schools in South Dakota is Autism Spectrum Disorder, affecting more than 2,000, according to 2022 figures. This is a developmental disability impacting verbal and nonverbal communication and social interaction. Characteristics may include resistance to changes in daily routines or settings, sensitivity to sensory experiences, and engaging in repetitive activities.
Special Education Services, Modifications, and Interventions
While federal and state laws require that all school districts provide special education services, the specifics of what each school district may offer can vary depending on their budget and number of students. Services should be customized to the individual student and not to their disability. They might include extended time on tests, the ability to move around or leave the classroom, interpreting services, psychological services, physical and occupational therapy, or therapeutic recreation. These are just a few examples.
Services may be provided in a variety of settings, including:
- General classroom
- Separate class
- Separate school
- Resource room
- Self-contained classroom
- Separate day program
- Residential facility
- Home
- Hospital
- Service Provider
Supports, services, modifications, and interventions are outlined in each student's IEP. A student's IEP will include:
- A statement about their present levels of academic achievement and performance, including how their disability impacts their education
- Measurable annual goals, including academic and functional goals
- What services should they be provided with, including program modifications or supports
- An explanation of the extent to which they will not participate in regular class activities with their nondisabled peers
- Any individual accommodations that will be needed to measure their academic achievement and functional performance
- The time range, frequency, location, and duration of special education services and modifications
- A description of how and when their progress toward goals will be measured and reported
- A description of transition services and measurable postsecondary goals for students transitioning out of K-12
- A statement indicating that an adult student transitioning out of K-12 has been informed of their rights under IDEA
Whatever a child's disability, if they meet the standards to qualify, they have
a right to services, support, and accommodations. If and when a school
district fails to acknowledge a child's disability or provide needed
accommodations, families should contact the Lento Law Firm's Education
Law Team to find a resolution.
Protect Your Student's Right to an Equitable Education
When a parent has a concern about their student's special education services, the South Dakota Department of Education suggests first speaking with school or district special education staff. If the concern isn't resolved, parents may wish to request a mediation meeting, file a formal complaint, and/or request a due process hearing. You have the right to be accompanied and advised by legal counsel throughout this process.
Formal complaints are filed with the state director of special education. You should also send a copy to your child's school district at the same time. In the complaint, be sure to include:
- Your child's name and address
- The name of your child's school
- A statement explaining how the school district or South Dakota's Department of Education has violated federal or state statutes, rules, or regulations
- A proposed resolution
Complaints must be filed within one year of the violation in question.
Once a complaint is investigated, its outcome is considered final. If you disagree with the outcome, whether the complaint is related to identification, evaluation, services, or placement, there is another process to file a reconsideration request.
If you haven't up to this point retained the services of an experienced legal team, you may wish to work with the experienced Education Law Team at the Lento Law Firm, who can help guide families and students through this process.
We are experienced in working with schools and school districts nationwide to ensure students have what they need and are legally entitled to in order to succeed in their education. Call 888-535-3686 for a consultation now, or use the online service.
