South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:05 - Special education
Chapter 24:05:26 - Suspension
Section 24:05:26:02.01 - Change of placement for disciplinary removals
Universal Citation: SD Admin Rules 24:05:26:02.01
Current through Register Vol. 51, page 43, September 23, 2024
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.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-37-1.1.
Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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