ARSD 24:05 South Dakota Special Education: How Parents Use the Administrative Rules

Parents who know how to cite specific administrative rules in emails to school districts get different outcomes than parents who don't. The reason is simple: a vague complaint ("you're not following my child's IEP") is much easier to dismiss than a specific citation ("you are not in compliance with ARSD 24:05:25:12, which requires the IEP team to meet within 30 days of the evaluation report"). This post is about where the rules live, what the main chapters cover, and how to use them practically.

What ARSD 24:05 Is

The Administrative Rules of South Dakota (ARSD) are the state-level regulations that translate federal IDEA requirements into South Dakota-specific procedures. Article 24:05 is the entire chapter governing special education in the state.

It is written in the formal regulatory language of state government — dense, cross-referenced, and not designed to be read linearly. But individual sections are very specific and very actionable. When a school district fails to meet a procedural requirement, there is almost always an ARSD 24:05 provision that names exactly what the district was required to do.

The ARSD is publicly accessible through the South Dakota Legislature's website at sdlegislature.gov under "Rules" > "Administrative" > "24:05". Every chapter is listed individually and can be searched by chapter number.

The SD DOE also administers special education through the Office of Special Education Programs (SEP), located at 800 Governors Dr., Pierre, SD, reachable at (605) 773-3678. The SEP is responsible for enforcing ARSD 24:05 compliance by local school districts.

The Structure: Which Chapter Does What

ARSD 24:05 is organized into chapters. Here are the ones most relevant to parents:

ARSD 24:05:24 and 24:05:24.01 — Eligibility and Disability Categories These chapters define the 13 disability categories and the criteria a student must meet to qualify for special education services. When you're fighting an eligibility denial, these are the rules that define the playing field. The disability categories are enumerated in 24:05:24.01 and include specific learning disability, autism, developmental delay, other health impaired, and ten others.

ARSD 24:05:25 — IEP Procedures This is the most frequently cited chapter in parent advocacy. It governs:

• Evaluation timelines (25 school days from consent)
• Required IEP team members
• What must be in an IEP document
• Consent requirements
• Extended School Year (ESY) consideration (24:05:25:26)
• Transfer student procedures

When a school is late on an evaluation, missing a required team member, or hasn't properly considered ESY, ARSD 24:05:25 is where you look.

ARSD 24:05:26 — Discipline This chapter governs the 10-day rule, manifestation determination reviews, interim alternative educational settings, and expedited hearings for disciplinary cases. If your child has been suspended or facing expulsion, this is the chapter that constrains what the school can legally do.

ARSD 24:05:27 — The IEP Document Details what must be written into every IEP: present levels of academic achievement, measurable annual goals, progress monitoring methodology, services, placement justification, accommodations and modifications. When an IEP is poorly written — vague goals, no data, services listed without frequency — 24:05:27 is the standard it must meet.

ARSD 24:05:28 — Least Restrictive Environment (LRE) Requires students to be educated alongside non-disabled peers to the maximum extent appropriate, with removal only when education in the regular environment cannot be achieved satisfactorily with supplementary aids and services. When a school proposes a more restrictive placement than you believe is necessary, this chapter defines the legal standard they must meet to justify it.

ARSD 24:05:30 — Parent Rights and Dispute Resolution Covers independent educational evaluations, prior written notice, consent, state complaints, mediation, and due process hearings. The procedural safeguards parents hold are codified here.

How to Use ARSD Citations in Practice

The goal is not to turn every email into a legal brief. It's to signal, specifically and accurately, that you know what the rule says — which changes how school administrators respond.

Scenario 1: Evaluation is overdue.

You gave written consent for an evaluation 30 school days ago. You've heard nothing. Email the special education director:

"We provided signed consent for [child's name]'s initial evaluation on [date]. ARSD 24:05:25 requires the district to complete a full and individual initial evaluation within 25 school days of receiving consent. We have not yet been notified of a scheduled evaluation. Please confirm the current status and provide us with a timeline in writing."

That citation tells the district you know the exact timeline and that you're documenting the delay.

Scenario 2: District refuses a service change without written notice.

You've requested in writing that your child's speech therapy be changed from teletherapy to in-person delivery. The special education director told you verbally that it's not possible. Email:

"We have not received a Prior Written Notice (PWN) regarding our request to change the delivery model for [child's name]'s speech-language therapy. Under ARSD 24:05:25 and the corresponding federal regulations at 34 CFR §300.503, the district is required to provide a PWN before refusing to change a service, explaining the basis for refusal and the alternatives considered. Please provide the required PWN."

Scenario 3: IEP goals have no measurable targets.

At the IEP meeting, you notice that the proposed goals say things like "student will improve reading skills." Send a follow-up email:

"Following our IEP meeting on [date], I am requesting that the proposed annual goals be revised to include specific, measurable targets as required by ARSD 24:05:27. As currently written, the goals do not include the criteria, evaluation procedures, or schedules for determining whether the goals will be met."

What Happens When You File a State Complaint

If the district is violating ARSD 24:05 and your written requests aren't producing compliance, the next step is a formal state complaint with the SD DOE Special Education Programs.

The SD DOE must complete its investigation and issue a final decision within 60 calendar days of receiving the complaint. If they find a violation, they issue a corrective action plan requiring the district to remedy the problem — which can include providing compensatory services, revising the IEP, or implementing additional staff training.

State complaints are free, do not require an attorney, and are one of the most effective tools a parent has when a district is procedurally non-compliant. The SD DOE's dispute resolution overview and complaint forms are available at doe.sd.gov/sped/complaints.aspx.

For a full walkthrough of how to document violations, draft a formal state complaint using the SD DOE's specific requirements, and use ARSD 24:05 citations in your IEP communication — built specifically for South Dakota parents — the South Dakota IEP & 504 Blueprint covers the complete process.

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