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Related Services and Assistive Technology in South Dakota IEPs

Many parents don't realize that an IEP can include far more than classroom instruction. Related services and assistive technology are often the difference between a child accessing their education and being left behind—and they are legally required when the IEP team determines the child needs them to benefit from special education.

In South Dakota, where rural geography limits access to specialists and regional cooperatives mediate who gets what services, knowing how to advocate for these provisions is essential.

What Are Related Services?

Under IDEA and South Dakota administrative rules, related services are developmental, corrective, and other supportive services that a child with a disability requires in order to benefit from special education. They are not extras or add-ons—they are required components of FAPE when the IEP team determines the child needs them.

Common related services in South Dakota IEPs include:

Speech-language therapy — For children with communication disorders, articulation issues, language delays, or pragmatic language challenges that affect learning. South Dakota's rural districts often contract speech-language pathologists through regional cooperatives, so availability varies significantly by geography.

Occupational therapy (OT) — Addresses fine motor skills, sensory processing, handwriting, self-care skills, and the ability to access the physical environment of school. OT is frequently requested for children with autism, developmental disabilities, and cerebral palsy.

Physical therapy (PT) — Addresses gross motor skills and physical access to school environments. Less commonly required, but mandated when the IEP team determines it necessary.

School-based counseling — Mental health services provided as a related service when a child's emotional or behavioral needs interfere with learning. Different from general counseling programs; this is written into the IEP and subject to IDEA's legal protections.

Transportation — When a child's disability means they cannot use standard transportation, specialized transportation is a required related service. Districts sometimes try to reduce or eliminate specialized transportation to cut costs; this is only permissible if the IEP team agrees the change is appropriate.

Interpreting services — For deaf or hard-of-hearing students who require sign language interpretation or other communication support.

Paraprofessional/aide services — Not technically a "related service" under IDEA's definition, but frequently included in IEPs as a supplementary aid. When an aide is written into the IEP, it becomes legally binding.

What Is Assistive Technology?

Assistive technology (AT) under IDEA includes any device—from low-tech to high-tech—that helps a child with a disability increase, maintain, or improve their functional capabilities. An AT device can be as simple as a pencil grip or a slant board, or as sophisticated as a speech-generating communication device or screen reader software.

Critically, IDEA also covers assistive technology services: the evaluation, selection, training, and customization of AT devices. A district cannot just hand a child a communication device and call it done—they must also provide training for the child, the family, and school staff on how to use it effectively.

Examples of commonly requested AT in South Dakota IEPs:

  • Text-to-speech software (Read&Write, Learning Ally)
  • Speech-to-text tools (for students with dysgraphia or dyslexia)
  • Augmentative and Alternative Communication (AAC) devices for non-verbal or minimally verbal students
  • FM sound systems for children with hearing loss in regular classrooms
  • Audiobooks and digital text formats
  • Adapted keyboards, trackballs, or switch-access devices

How to Get Related Services and AT Written Into the IEP

The process starts with documentation and a written request. You do not need to wait for the school to suggest these services—you can request them directly.

Step 1: Request an evaluation for the specific need. Send a written request to the Special Education Director asking for an evaluation of your child's need for [specific service or AT]. For AT specifically, you may request an AT evaluation—either by a district specialist or, if none is available, through the cooperative or an outside evaluator.

Step 2: Attend the evaluation meeting. The evaluation team will assess your child's functional needs and make recommendations. Review the evaluation report carefully before signing.

Step 3: Bring documentation to the IEP meeting. If you have a private evaluation or a letter from a physician or therapist recommending a specific service or device, bring it. The IEP team must consider it, even if they don't have to follow it.

Step 4: Ask specifically what is preventing the service from being included. If the team is reluctant to include a service, ask them to state explicitly what data they are relying on to determine the service is unnecessary. Ask for that position in writing via Prior Written Notice.

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The South Dakota Rural Problem: Services That Exist on Paper but Not in Practice

South Dakota's staffing shortage creates a specific pattern that parents need to recognize: services get written into IEPs, but implementation is inconsistent because the cooperative specialist's schedule can't accommodate the required minutes.

If your child's IEP says they receive 45 minutes of OT per week but they're actually receiving 30 minutes every other week, the school is not compliant with the IEP. Document every missed session in writing. After three missed sessions, send a formal email to the Special Education Director noting the discrepancy between the IEP and actual service delivery.

This documentation is the foundation of a compensatory education claim—the right to additional services to make up for services the district failed to provide.

Requesting AT in South Dakota's Cooperative Districts

For students in rural districts served by cooperatives like the Black Hills Special Services Cooperative (BHSSC), the process for obtaining AT may involve coordination with cooperative staff. The BHSSC specifically lists assistive technology support among its contracted services.

However, if the cooperative's AT evaluator has a long waitlist or limited availability, your child's right to AT services doesn't evaporate. The district remains responsible for ensuring AT is provided. If the cooperative cannot meet the timeline, the district may need to fund an independent AT evaluation.

South Dakota's Born To Three Connections program (Part C early intervention) also provides AT services for children under age 3 with disabilities. When children transition from Born To Three to school-based (Part B) services at age 3, the IEP team should review existing AT needs and determine whether to continue or modify those supports.

When Related Services or AT Are Denied

If the IEP team refuses to include a related service or AT, demand Prior Written Notice under ARSD 24:05:30:04 documenting the refusal. The PWN must explain what was refused, why, what data the decision was based on, and what alternatives were considered.

Your next steps:

  • Request an IEE specifically for the denied service area
  • File a state complaint with the SD DOE if the evaluation was inadequate or the denial was procedurally improper
  • Contact Disability Rights South Dakota (DRSD) at 1-800-658-4782 for free legal guidance
  • Request mediation or a due process hearing for deeper disputes

The South Dakota IEP & 504 Advocacy Playbook at /us/south-dakota/advocacy/ includes specific templates for requesting AT evaluations, documenting related service delivery failures, and submitting compensatory education claims when the district has not delivered what the IEP requires.

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