South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:05 - Special education
Chapter 24:05:26 - Suspension
Section 24:05:26:09.04 - Determination that behavior was a manifestation

Universal Citation: SD Admin Rules 24:05:26:09.04

Current through Register Vol. 51, page 43, September 23, 2024

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.

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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