ARSD Article 24:43 — ACCREDITATION AND SCHOOL IMPROVEMENT

EDUCATION EDUCATION

Chapter 24:43:01 Definition of terms

ARSD 24:43:01:01 Definitions

Terms used in this article mean:

(1) "Accreditation, state," certification by the secretary that a school system meets the adopted standards of the state board for a specified school fiscal year;

(2) "ADM," average daily membership;

(3) "Advanced Computer Science," in graduation requirements, any state-approved course that may be used in lieu of science to meet a science graduation requirement, for the purpose of developing students' abilities in science and engineering practices while promoting workforce readiness in the computer science field. Any course on the state-approved list must incorporate science and engineering practices and a majority of cross-cutting concepts. No course on the state-approved list may incorporate a laboratory science component;

(4) "Advanced Endorsements," in graduation requirements, specific coursework outlined within the high school diploma requirements to denote particular emphases. Advanced endorsements include:

(a) "Advanced Endorsement," indicates a student has pursued coursework consistent with entrance requirements for postsecondary education at a university;

(b) "Advanced Career Endorsement," indicates a student has career experience in a concentrated area, based on academic and workplace experience and a related credential; and

(c) "Advanced Honors Endorsement," indicates a student has pursued advanced rigorous, academic coursework consistent with SDCL 13-55-31.1;

(5) "Approved Career and Technical Education Course," a career and technical education course within an approved career cluster program of study approved by the department and taught by a certified teacher or instructor;

(6) "Assignment," a classification of activities performed by a staff member which can be identified and described by a single record entry;

(7) "Attendance, day of," a day in which an enrolled person is present under the guidance and direction of a teacher for the minimum length of time that school is in session;

(8) "Capstone experience," a culminating high school experience designed to integrate knowledge, skills, and concepts gained from a student's program of study. Capstone experiences include:

(a) Senior experience that requires students to complete a research project, design and develop a product, assemble a portfolio, and complete an oral presentation before a panel;

(b) Entrepreneurship experience that requires students to research a new business opportunity, develop a business plan, assemble a portfolio, and complete an oral presentation before a panel;

(c) Youth internship that allows students to gain hands-on experience at a business, develop employability skills, learn technical skills, and complete a portfolio;

(d) Youth apprenticeship, a contractual partnership between an employer and a student that allows students to gain initial training in a particular industry and formal classroom-related instruction; and

(e) Service learning, a meaningful and relevant activity that addresses needs important to the community being served in which students explore the context of societal issues relevant to the service;

(9) "Computer studies," a laboratory course offering instruction in computer applications, one or more computer languages, computer science, and societal impact;

(10) "Course equivalency exam," an exam aligned to state standards used by a public or nonpublic accredited school to allow students to record high school course credit without attending the actual course;

(11) "Credential," "certificate," or "permit," the document issued by the state authorizing the holder to perform services for the school system;

(12) "Division," the Division of Education Services and Support;

(13) "Dual enrollment," the enrollment of a pupil in elementary or secondary educational programs in two or more school systems at the same time;

(14) "Elementary," an educational program for any person classified below the ninth grade or for anyone under the age of 14 before the date established by SDCL 13-28-2 who is enrolled in an unclassified nongraded school program;

(15) "Endorsement," authorization to perform in a specific capacity in a school;

(16) "Language arts courses," instruction in literature, speaking, writing, grammar, and research;

(17) "Enrollment," the total number of original entries in a given school unit in the state, the total number of original entries in public schools plus the total number of original entries in nonpublic schools;

(18) "Experimental program," an educational program for which applicable state board rules must be waived if the program is to be implemented;

(19) "Facility," a building site, a building, or a part of a building;

(20) "Fine arts courses," instruction in drama, instrumental and vocal music, and the visual, graphic, and performing arts;

(21) "FTE time," a measure of time for performing a staff assignment calculated as a fraction of a full-time assignment;

(22) "Full-time equivalency," "FTE," the amount of employed time that is normally required of a staff member to perform a full-time assignment;

(23) "Grade," that portion of a school program that represents the work of one regular school term, identified by a designation such as kindergarten, grade one, or grade ten;

(24) "Graduate," an individual who has received formal recognition for the successful completion of a prescribed program of studies;

(25) "Health integration," the process of incorporating standards relative to maintaining and improving health, preventing disease, and avoiding or reducing health-related risk behaviors into the required units of credit described in § 24:43:11:02 as appropriate to the course;

(26) "In-service education or training," a program of systematized activities approved by the school system that contributes to the professional or occupational growth and competence of staff members during the time of their service to the school system;

(27) "Junior high school," a school consisting of a combination of two or more consecutive grades that must include grades seven and eight and may include grade nine;

(28) "Laboratory class," a course providing opportunities for students to interact directly with the material world, or with data drawn from the material world, using tools that are not found in a library, media center, study hall, or classroom, and in which students use safe and appropriate laboratory techniques, as well as implement data collection techniques, models, and theories of science;

(29) "Mathematics courses," instruction in general mathematics, algebra, geometry, consumer mathematics, probability and statistics, calculus, trigonometry, and similar courses in advanced topics;

(30) "Middle school," a school consisting of any combination of two or more consecutive grades, five through eight;

(31) "Norming period," the period of time during which tests were standardized;

(32) "Original entry," the initial enrollment of a pupil for any school term at any public or nonpublic elementary or secondary school in this state;

(33) "Personal learning plan," a plan based on a student's skills and interests that identifies the specific coursework a student needs to reach the student's academic and career goals;

(34) "Plan of Intent," a written document stating how a school district intends to ensure that all teachers and administrators are serving on valid certificates in their certified areas;

(35) "Program director," "coordinator," or "supervisor," a person who serves as the identified head of an organized educational program or administrative unit within a school system or other educational entity;

(36) "Pupil" or "student," an individual for whom instruction is provided in an educational program under the jurisdiction of a school or school system;

(37) "Pupil, full-time," a pupil who is carrying a full course load as determined by the local school system;

(38) "Pupil, high school," anyone, regardless of age, who is enrolled in grades nine through twelve and who has not graduated from high school. The term includes any person who was 14 years of age before the date established by SDCL 13-28-2 who is enrolled in a nongraded or unclassified school program and who has not graduated from high school;

(39) "School," a public or nonpublic organization or entity which is approved or accredited by the secretary for the purpose of instructing children of compulsory school age as provided in SDCL 13-27-1 or for children attending school as provided in SDCL 13-13-1, or both;

(40) "School, elementary," a school consisting of any combination of grades from kindergarten through eighth grade;

(41) "School, nonpublic," a school operated by an organization other than a school district;

(42) "School, public," a school operated by a school district;

(43) "School, secondary," a school consisting of any combination of three or more consecutive grades, including ninth grade through twelfth grade;

(44) "School system," all of the schools and supporting services operated by a governmental agency or by any private organization;

(45) "Science courses," instruction in physical, earth-space, and biological sciences;

(46) "Secretary," the secretary of the Department of Education;

(47) "Social studies courses," instruction in history, government, geography, anthropology, psychology, sociology, and economics;

(48) "Staff member," a person in a school system who meets all of the following criteria:

(a) The person serves under the rules of the governing authority of the school system;

(b) The person's assigned activities are under the direction and control of the governing authority of the school system;

(c) The person is assigned to perform activities which provide a service for the school system or for a program operated by the school system; and

(d) The person is an employee of the school system covered by or subject to workers' compensation, the Federal Insurance Contributions Act (FICA), and income tax withholding;

(49) "State board," the South Dakota Board of Education Standards;

(50) "State education agency," the Division of Education Services and Support, created by SDCL 1-45-4;

(51) "Teacher, certified," the holder of a valid South Dakota teacher certificate who is assigned to those responsibilities authorized by the certificate;

(52) "Teacher, full-time," a staff member who is employed to teach for a minimum school day for the entire regular school term;

(53) "Unit of credit," the demonstration of student learning for course work. A unit of credit may be granted verifying competency of content through an end-of-course exam, alternative assessments demonstrating content knowledge, or 146 hours of class time. Fractional units of credit may be granted based upon proportionate time spent in class; and

(54) "World Languages," the study of languages other than English which may include Native American and American Sign languages.

History

Source: SL 1975, ch 16, § 1; 3 SDR 23, effective September 29, 1976; 3 SDR 69, effective July 1, 1977; 5 SDR 110, effective July 5, 1979; 7 SDR 6, effective August 6, 1980; 7 SDR 120, effective July 1, 1981; 9 SDR 154, effective July 1, 1983; 10 SDR 111, effective April 24, 1984; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 11 SDR 177, effective July 3, 1985; 12 SDR 22, effective August 21, 1985; 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; 31 SDR 129, effective March 22, 2005; transferred from § 24:03:01:01, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006; 33 SDR 188, effective May 15, 2007; 33 SDR 236, effective July 5, 2007; 34 SDR 127, effective November 14, 2007; 35 SDR 82, effective October 22, 2008; 36 SDR 96, effective December 8, 2009; 45 SDR 35, effective September 19, 2018; 45 SDR 130, effective April 29, 2019.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:02 Approval defined

"State approval" is a formal designation that may be given to a nonpublic school or specialized nonpublic educational program found to meet specified criteria, including applicable state laws and administrative rules.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:03 Improvement plan defined

An "improvement plan" is a written document developed by the school district, based on local data. An improvement plan sets forth policies, processes, practices, and strategies that are grounded in research and will lead to continuous improvement of student learning. The plan identifies a challenging set of goals and sets forth actions that will be taken to achieve the goals. It specifies the responsibilities of the school district and its schools. The plan includes periodic benchmarks, measurement processes, and evaluation protocols. An improvement plan is the subject of official action by the school board and, after adoption, becomes an official district document. An improvement plan is subject to annual review.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:04 External third-party accreditation agency defined

An "external third-party accreditation agency" is a private educational association of regional or national scope. It develops evaluation criteria and conducts peer evaluations to assess whether or not those criteria are met by the local school that has joined the association. Schools that request an agency's evaluation and that meet the agency's criteria are then "accredited" by that agency.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:05 Nonpublic school defined

A "nonpublic school" is a school operated by an organization or entity other than a school district that delivers education to students of compulsory school age in the state of South Dakota. It has a governing body, may limit its enrollment to specified cohorts, and may charge tuition. It may receive federal or state revenues in the form of grants, subsidies, special appropriations; it may receive services from public schools. Examples of nonpublic schools include, but are not limited to, entities organized by faith-based groups, Indian tribes, followers of specific education philosophers or practitioners. A nonpublic school is not required by law to be free and open to all school-age children, is not under the purview of a publicly-elected school board, is not assigned territory as a tax base, and is not eligible to receive state aid to education.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:06 Specialized nonpublic educational program defined

A "specialized nonpublic education program" is designed to serve a small segment of students in certain specified circumstances. The program is not designed to provide general education for a broad range of students. Examples of specialized nonpublic education programs include, but are not limited to, programs in correctional facilities and residential facilities, programs that serve school-age students during a short transition, and programs that are designed to meet identified special needs of school-age children that it has accepted for enrollment.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:07 Nonaccredited and nonapproved educational setting defined

A setting that is neither accredited nor approved by the state of South Dakota and offers alternative instruction to school-age children whose parents have obtained a certificate of excuse from the public school district in which they reside is nonclassified and is referred to as a "nonaccredited and nonapproved educational setting."

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-27-3.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-27-3.

ARSD 24:43:01:08 Plan of corrective action defined

A "plan of corrective action" is a written document that sets forth actions the district will implement, with timelines, to resolve a specified violation of state law, administrative rule, or department policy to correct the violation and restore the school's or district's status as meeting specified criteria and requirements. The plan shall state the criteria upon which the plan of corrective action, and the subsequent report on implementation, will be evaluated for acceptability by the secretary of education.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:01:09 Credit defined

A student earns "credit" for a distance learning course based on the following:

(1) Meeting standards set by the state for course content;

(2) Mastery of the subject as determined by the teacher;

(3) Demonstrating school district-assessed competency;

(4) Effective July 1, 2009, all courses must be delivered electronically unless an exception of an approved exemption submitted by the school district is granted by the Secretary of Education.

Credit for successful completion of a distance learning course shall be awarded by the physical school at which the student is enrolled.

History

Source: 32 SDR 117, effective January 5, 2006; subdivision (4), 34 SDR 322, adopted July 1, 2008, effective July 1, 2009.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:01:10 Distance learning course defined

A "distance learning course" is a course designed to be delivered to an elementary or secondary school in South Dakota by means of distance learning as defined in SDCL 13-33-20 and to meet elementary or high school graduation requirements.

A course offered by a regionally-accredited postsecondary institution for postsecondary credit and duly approved by a school district for credit toward high school graduation, regardless of the means of delivery used by the postsecondary institution, is not a distance learning course subject to article 24:43.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:01:11 Distance learning provider defined

A "distance learning provider" is the accredited entity that is a provider of distance learning courses.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:01:12 Physical school defined

A "physical school" is the school in the local attendance area to which a student is assigned based on the established residence of the guardians of the student.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

Chapter 24:43:02 State accreditation and approval system

ARSD 24:43:02:01 Public school districts required to maintain state accreditation

A South Dakota public school district must maintain state accreditation during the previous school fiscal year to be eligible to receive state aid to education per SDCL 13-13-18.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-13-18.

ARSD 24:43:02:02 State accreditation system defined

For purposes of this article, the term state accreditation system, means a system established by the state to ensure that all public and non public school districts and public and non public schools comply with state law, administrative rule, and Department of Education policy in order that a uniform and free system of public education is maintained and open to all. The accreditation status of all public school districts shall be available to the public in department publications and on the department website.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 34 SDR 127, effective November 14, 2007.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:02:03 Eligibility for state accreditation -- Compliance with regulations and district improvement plan

To be eligible for state accreditation, the school board of a public school district, or of a nonpublic school seeking accreditation, shall:

(1) Submit annual regulatory reports and assurances as required by the Department of Education, and in compliance with timelines set and made known by the department; and

(2) Establish, implement, and annually review an approved five-year district improvement plan. The contents and format of a public school district, or a nonpublic school, improvement plan, and the timelines for submission, shall be specified and made known by the Department of Education, and shall include all schools, attendance centers, and programs in the public school district or nonpublic school that are registered with the department and counted in the public school district or nonpublic school's annual ADM calculations.

History

Source: 31 SDR 178, adopted May 24, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:02:04 Approval of district improvement plan

The Department of Education shall establish and make known criteria for approval of the five-year district improvement plan based on state law and administrative rule.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-3-47.

ARSD 24:43:02:05 Five-year accreditation cycle

Public school district accreditation, and the accreditation of nonpublic schools that are seeking accreditation, is conducted by the Department of Education in a five-year cycle. The five-year accreditation cycle shall be reset beginning with the 2018-2019 school year in order to equitably distribute the number of accreditation reviews conducted each year. Transitional reviews shall be scheduled by the department in consultation with the accredited schools or districts. Transitional reviews of accredited schools or districts shall occur from the 2018-2019 school year to the 2022-2023 school year, and be prioritized according to data analysis and criteria set by the department and made available on the department's publicly available website. Transitional reviews shall be conducted in accordance with the requirements of chapter 24:43:02.

A regular five-year accreditation cycle shall be established by the 2022-2023 school year.

History

Source: 31 SDR 178, adopted May 24, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006; 44 SDR 192, effective July 2, 2018.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:02:06 Accreditation review

At the conclusion of the five-year cycle, at a time mutually agreed upon, any public school district or nonpublic school that is eligible for continued state accreditation shall undergo a comprehensive review by the Department of Education to:

(1) Assess progress with the comprehensive improvement plan;

(2) Review the public school district or nonpublic school's performance during the preceding five years, including the documented academic performance of its students;

(3) Provide a general assessment of educational practices;

(4) Make recommendations regarding the review findings for the purpose of improving educational practices beyond the level of minimum compliance to foster practices of continuous improvement; and

(5) Determine that the public school district or nonpublic school, including all related schools and programs, is in compliance with state laws and administrative rules.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006; 40 SDR 40, effective September 11, 2013.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:02:07 Amended improvement plan

A school board may submit to the department an amendment to its improvement plan at any time during the five-year cycle. The amendment shall conform to the requirements for content and format specified by the department for the original plan, and shall be reviewed upon receipt. The department shall inform the board in writing of the approval or disapproval of the amendment; the transaction shall become a permanent part of the district's accreditation records.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:02:08 Plan of Intent

. Any district employing teachers or administrators who are non certified or are serving outside of their current certification shall have on file with the Department of Education a plan of intent stating how the district intends to ensure that all teachers and administrators are serving on a valid certificate in their certified areas. The plan of intent must be fulfilled in one calendar year. The district may request a one-time, one-year extension to the duration of the plan of intent to be granted at the culmination of the first year of the plan of intent cycle.

History

Source: 34 SDR 127, effective November 14, 2007.
General Authority: SDCL 13-1-12.1, 13-42-3.
Law Implemented: SDCL 13-42-1 to 13-42-4.

Chapter 24:43:03 Approved external third-party accreditation agency option

ARSD 24:43:03:01 Approved external third-party accreditation agency option

The school board of a public school district or a nonpublic school seeking state accreditation may request in writing that the Department of Education coordinate its accreditation activities with those of an approved external third-party accreditation agency. In the request, the board shall indicate the schools in the district or the nonpublic schools that have affiliated with an accreditation agency for the purpose of continual performance improvement.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:03:02 Secretary may approve external third-party accreditation agency

The secretary of education may approve an external third-party accreditation agency for purposes set forth in §§ 24:43:02:03 and 24:43:02:04. The secretary shall review the agency's history, mission, values, standards, processes, procedures, and technical resources to determine whether to approve the agency for purposes of coordinated state accreditation in South Dakota.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:03:03 Coordination of accreditation activities

The department may coordinate accreditation activities with those of an approved external third-party accreditation agency, if requested by a public school district or a nonpublic school seeking state accreditation. Activities that may be coordinated include the development and implementation of the five-year improvement plan for the public school district's schools, or each nonpublic school, that has affiliated with the accreditation agency, an evaluation of the school's performance and improvement, and a comprehensive site visit. The public school district, or the nonpublic school, is responsible for fulfillment of accreditation requirements for its schools and programs that are not affiliated with the external third-party accreditation agency, and for compliance with regulatory reports and assurances on behalf of all its schools and programs.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47, 13-13-18.
Law Implemented: SDCL 13-1-12.1.

Chapter 24:43:04 Approval of nonpublic schools

ARSD 24:43:04:01 State approval process for nonpublic schools or specialized nonpublic educational programs

The secretary of education may approve nonpublic schools or specialized nonpublic educational programs that voluntarily seek state approval rather than state accreditation. The approval status of nonpublic schools or specialized nonpublic educational programs shall be available to the public in department publications and on the department's website.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:04:02 Nonpublic schools may seek annual state approval

A nonpublic school operating within the borders of South Dakota may apply for state approval on an annual basis. The contents, format, and timelines of the request for state approval shall be established and made known by the Department of Education in accordance with state law and administrative rule. The requirements will include, but are not limited to, governance, teacher certification, curriculum, assessment practices, length of school term and day, and health and safety. State approval is granted for one school fiscal year, from July 1 through the following June 30. Renewal of the approval is granted based upon the school's compliance with established requirements during the prior school fiscal years.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:04:03 External third-party accreditation agency option for nonpublic school

The governing body of a nonpublic school may request in writing that the Department of Education coordinate its approval activities with those of an approved external third-party accreditation agency. In the request the governing body shall provide documentation of the school's affiliation with an approved external third-party accreditation agency for the purpose of continual performance improvement, and shall indicate the length and dates of the improvement plan and cycle.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:04:04 Coordination of approval activities for nonpublic school

Coordination of approval activities for nonpublic school** . The department may coordinate approval activities with those of an approved external third-party accreditation agency, if requested by a nonpublic school. The state approval will be granted on an annual basis as set forth in § 24:43:02:04. Activities that may be coordinated include, but are not limited to, the development and implementation of the multi-year improvement plan and participation in the agency's onsite review. The school remains responsible for fulfillment of state requirements established per § 24:43:02:04 that are not addressed in the improvement plan. Religious or cultural standards established by the external third-party accreditation agency will not be subject to state review or approval, unless the school submits a request to the state for approval of specified religious or cultural offerings in fulfillment of state curriculum requirements or state-required graduation credits.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

Chapter 24:43:05 Approval of specialized nonpublic education programs

ARSD 24:43:05:01 Specialized nonpublic education programs may seek annual state approval

An education program operating within the borders of South Dakota and open only to a specified cohort of K-12 students may apply for state approval on an annual basis. The initial application may be submitted July 1 following the program's first term operation of at least six months in length. Specialized programs eligible for state approval include: individualized education programs for school-age residents in residential settings and school-age juveniles in correctional facilities, including programs that educate school-age children on a short-term basis. Contents, format, and timelines of the request for state approval shall be established and made known by the Department of Education in accordance with state law and administrative rule. The requirements include governance, teacher certification, curriculum, assessment practices, length of school term and day, and health and safety. State approval is granted for one school fiscal year, from July 1 through the following June 30. Renewal of the approval is granted based upon the specialized program's compliance with established requirements during the prior school fiscal year.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:05:02 Credit transfer

Credit for coursework completed by students attending a specialized nonpublic educational program which has state approval may be transferred into an accredited public or nonpublic school.

History

Source: 33 SDR 152, effective April 5, 2007.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

Chapter 24:43:06 Nonaccredited or nonapproved educational settings

ARSD 24:43:06:01 Nonaccredited and nonapproved educational settings

A program that purports to deliver education to persons subject to compulsory school-age attendance laws who are not otherwise enrolled in an accredited or approved school or program must comply with state laws governing alternative instruction set forth in SDCL chapter 13-27. These provisions apply to new public school districts, new nonpublic schools, or new specialized nonpublic education programs that are not yet eligible to apply for accreditation or approval according to § 24:43:02:02, 24:43:02:04, or 24:43:02:05. Nonaccredited and nonapproved educational settings are nonclassified and will not be included in the department's annual directory.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47, 13-27-3.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

Chapter 24:43:07 Warning, denial, suspension, or removal of accreditation

ARSD 24:43:07:01 Warnings, denial, suspension, or revocation of accreditation or approval

An adverse action against an application for accredited or approval status, or against a currently-in-effect accreditation or approval may be initiated by the secretary of education for just cause at any time. The adverse action may include a warning, denial, suspension, or revocation of the accredited or approved status. Until a final determination is made according to § 24:43:07:07, the school district or nonpublic entity is designated as "on probation." The change in accredited or approved status is available to the public in department publications and on the department's website.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.

ARSD 24:43:07:02 Denial of application for approval

The secretary of education shall deny a request for accreditation or approval if, after review, the secretary determines that the applicant does not fully meet the requirements for approval. The secretary shall inform the applicant for accreditation or approval in writing of the secretary's denial of the requested action. The letter shall state the basis for the denial and shall set forth the timelines and process for subsequent applications. The South Dakota Board of Education shall be informed of the denial at its next regularly scheduled meeting.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.

ARSD 24:43:07:03 Warning and plan of corrective action

An accredited public school district or approved nonpublic entity that is found in violation of a state law or administrative rule required for the accredited or approved status will be issued a letter of warning by the secretary of education. The letter will cite the law or administrative rule or both and state the alleged violation that caused the warning to be issued, and will set forth timelines for submission of a plan of corrective action.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.

ARSD 24:43:07:04 Suspension or revocation for uncorrected violations

An accredited public school district or approved nonpublic entity that does not present a plan of corrective action that corrects the violation within stated timelines, or that fails to implement a plan of corrective action with stated timelines, shall be recommended to the secretary of education for the status of "on probation" until a final determination is made or until satisfactory evidence of correction of the violation is presented to the Department of Education.

History

Source: 31 SDR 178, adopted May 24, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 13-3-47.

ARSD 24:43:07:05 Notice and right to request hearing

The public school board or the nonpublic governance body shall be informed of the recommendation of probationary status by certified letter. The notice shall include the right for the school board or the nonpublic governing body to submit a written request for a hearing within ten days of receipt of the letter. The notice shall specify the basis for the recommendation.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-1.4, 13-3-47.
Law Implemented: SDCL 1-26-17, 13-1-12.1.

ARSD 24:43:07:06 Hearing

If the school board or nonpublic governing body notifies the secretary that it requests a hearing, the secretary shall schedule a time, date, and location for the hearing. The hearing shall be held within 30 days of the department's receipt of the request and shall be conducted in accordance with the contested case hearing procedures set forth in SDCL chapter 1-26.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1.

ARSD 24:43:07:07 Final determination

Within 30 days of the hearing or receipt of the transcript of hearing, whichever is later, the hearing examiner shall prepare and serve a proposed decision and findings of fact and conclusions of law on the parties and provide an opportunity for each party to file exceptions and briefs. The final proposed decision and findings of fact and conclusions of law shall be filed with the secretary. The secretary shall issue a final decision and accept, reject, or modify the findings, conclusions, and proposed decision within 30 days of service of same upon the office. Nothing in this section prohibits the secretary from requiring additional evidence within the scope of the notice of hearing. If no request for hearing is timely received, the secretary will make a final determination of suspension, revocation of the accreditation, or approval status within 30 days. The length of the suspension will be set by the secretary and cannot exceed the balance of the current school year. The public school district or the nonpublic entity will be notified in writing by the secretary of the final decision of a contested case within 30 days of the receipt of the transcript and findings from the hearing officer. The South Dakota Board of Education Standards shall be informed of the change in status at its next regularly scheduled meeting. Department publications and the department's website shall indicate the district's or nonpublic entity's suspended or revoked status.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 47 SDR 110, effective April 29, 2021.
General Authority: SDCL 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-3-47.

ARSD 24:43:07:08 Effect of suspension or revocation on nonpublic entity

If a nonpublic school's approval is suspended or revoked, it shall retain a nonapproved status for the remainder of the school fiscal year or until the secretary determines it has satisfactorily corrected the violation. At the beginning of the next school fiscal year on July 1, the nonpublic school or specialized nonpublic educational program may seek state approval according to §§ 24:43:02:04 and 24:43:02:05. A nonpublic entity that does not seek state approval and continues to offer educational services to compulsory school-age children will become subject to the provisions of § 24:43:02:06 on July 1.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-47.

ARSD 24:43:07:09 Effect of suspension or revocation on public school district

All public school districts are required by SDCL 13-13-18 to operate only accredited public schools during the previous school fiscal year to be eligible to receive state aid to education. A public school district that has not regained its state-accredited status will become ineligible to receive state aid to education at the beginning of the next school fiscal year on July 1. If the secretary determines that there is no plan of corrective action in place to correct the violation and restore the district's accreditation, the secretary shall inform the commissioners of the majority county as set forth in SDCL 13-5-14 that the district is subject to loss of authority and the lands are subject to reassignment according to the procedures set forth in SDCL chapter 13-6.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-3-47, 13-13-18.
Law Implemented: SDCL 13-3-47, 13-13-18.

Chapter 24:43:08 Waiver of certain administrative rules and Department of Education policies

ARSD 24:43:08:01 Waiver of certain administrative rules and Department of Education policies

The secretary of education may waive compliance of one or more administrative rules or Department of Education policies when requested by a public school district or approved nonpublic school.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-3-47, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:02 Eligibility for waiver

The school board of an accredited school district may seek a waiver of one or more administrative rules or policies on behalf of a school within its jurisdiction to better meet local learning goals, enhance educational opportunity, promote equity, or increase accountability. The governing body of an approved nonpublic school or specialized nonpublic educational program may seek a waiver of one or more administrative rules or policies on behalf of the approved school or program.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-3-47, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:03 Application for waiver

An application for a waiver shall be made using a form provided by the Department of Education. The form shall require the district to specify the administrative rule or policy for which the waiver is sought and the school that will implement the waiver; the form shall include a detailed description of the waiver and its effect on student learning, the reasons for requesting the waiver, the expected outcomes if the waiver is granted, an explanation of how the intent of the standard to be waived will be met if the waiver is granted, and a detailed description of the plan for evaluating the effectiveness of the waiver in achieving the outcomes specified in the application and contributing to the school's continual improvement. The plan for evaluating the waiver shall become a part of the annual review of a public school district's approved five-year district improvement plan as required by § 24:43:02:03.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:04 Application timelines

An approved waiver shall take effect at the beginning of the next school fiscal year on July 1. The department must receive an application for a waiver at least 60 days prior to the start of a new school fiscal year July 1. A district may petition the secretary for consideration of an alternate effective date that is at least 60 days after the department receives its application for a waiver. The secretary shall consider the quality of the application and the extent of its intended outcomes on student learning and enhancement of student opportunity in determining whether to grant the alternate effective date for an approved waiver.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-3-1.4, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:05 Term of waiver

Unless the application requests a shorter term, an approved waiver will remain in effect for five years from the start date of July 1 or the alternate start date set by the secretary according to § 24:43:08:03. Before March 1 of the year the term of the waiver expires, the school district or nonpublic governing body may request and be granted approval of the same waiver for a period of up to five additional years if it can be demonstrated that the school or program is meeting the objectives for which the waiver was granted.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.
General Authority: SDCL 13-3-1.4, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:06 Approval of waiver

The secretary of education may approve the requested waiver if the plan will better meet local learning goals, enhance educational opportunity, promote equity, or increase accountability. The secretary shall reject the waiver if analysis indicates that the plan and requested waiver will not better meet local learning goals, enhance educational opportunity, promote equity, or increase accountability. The secretary will make a final determination on the district's request for a waiver within 60 days of its receipt by the department. The district will be informed in writing of the approval or disapproval of its request for a waiver; the letter will state the reason for disapproval.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-3-1.4, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:07 Appeal to South Dakota Board of Education

If a request for a waiver by a board of education of a public school district is disapproved by the secretary of education, the board may appeal to the South Dakota Board of Education within 30 days of receipt of the letter of disapproval, according to the contested case hearing procedures set forth in SDCL chapter 1-26.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-3-1.4, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:08 Evaluation of waiver

A school district or nonpublic school or program that has been granted a waiver shall implement its plan for evaluation of the waiver as required by § 24:43:08:02. A public school district that has been granted a waiver shall include a report of the waiver evaluation in its annual review of its approved five-year district improvement plan as required by § 24:43:02:01.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, effective October 2, 2006.
General Authority: SDCL 1-45-13, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:09 Multiple waivers

A school district or nonpublic school or program may submit multiple applications for waivers of accreditation standards; each application will specify the waiver being sought and the school that will implement the waiver, if granted. The provisions of §§ 24:43:08:01 to 24:43:08:06, inclusive, will apply to each waiver requested.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:10 Secretary's authority to grant waivers limited

The secretary of education may not waive a state statute. The secretary may waive an administrative rule promulgated by the Department of Education or the South Dakota Board of Education, unless the language of the rule prevents waiving. The secretary may waive established Department of Education policy and procedure.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-3-47, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:11 Annual report to South Dakota Board of Education of waivers granted

After July 1, the Department of Education shall annually report to the South Dakota Board of Education the waivers in effect for the current July 1-June 30 school fiscal year. The report shall include the school districts and nonpublic schools or programs that have been granted a waiver, details of the waiver including the administrative rule or department policy that has been waived. The report shall also be made available to the public on the department's website.

History

Source: 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 1-45-13, 13-3-1.4, 13-5-34.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:08:12 Adding waived course credits to high school transcripts

If the department has approved a waiver that allows a school district to teach a high school-level course to students below grade nine, credit for the course shall appear on each student's high school transcript with the unit of credit and a letter grade upon meeting the criteria for passage applied to the high school level. The unit of credit must be included in the credits required for high school graduation and the letter grade must be calculated in the high school cumulative grade point average.

History

Source: 32 SDR 196, effective May 28, 2006; 33 SDR 236, effective July 5, 2007; 42 SDR 98, effective January 7, 2016.
General Authority: SDCL 1-45-13, 13-3-47, 13-5-34.
Law Implemented: SDCL 13-5-34.

Chapter 24:43:09 Administration

ARSD 24:43:09:01 Disaster plan and drills

Each school board or governing body shall prepare a written plan for the safety of pupils under its jurisdiction and shall conduct fire, tornado, and other disaster drills in accordance with such a plan. The plan shall be filed in the office of the local superintendent along with a record showing the dates and times of drills conducted.

History

Source: 5 SDR 110, effective July 5, 1979; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:03:08:03, 12 SDR 22, effective August 21, 1985; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; transferred from § 24:03:04:08.01, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005
General Authority: SDCL 13-1-12.
Law Implemented: SDCL 13-1-12.

ARSD 24:43:09:02 Student records

A permanent record of each student's scholarship and attendance shall be kept and stored in a safe place where it cannot be destroyed. If safe storage is not available at the school, a duplicate set of records shall be maintained and stored in a safe place other than the school building. A cumulative record shall be kept for each student through the elementary and secondary schools.

History

Source: SL 1975, ch 16, § 1; 3 SDR 23, effective September 29, 1976; 5 SDR 110, effective July 5, 1979; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 12 SDR 22, effective August 21, 1985; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; transferred from § 24:03:04:10, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

ARSD 24:43:09:03 Certificate

A certificate or plan of intent or both as applicable, for each person required to be certified shall be filed in the administrative office of the school system by the time of the first contract payment. The certificate shall remain on file for the duration of employment. The plan of intent shall remain on file until it is replaced by evidence that the person has achieved qualification for the assignments identified on the plan of intent.

History

Source: SL 1975, ch 16, § 1; 3 SDR 23, effective September 29, 1976; 5 SDR 110, effective July 5, 1979; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 12 SDR 22, effective August 21, 1985; 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; transferred from § 24:03:04:12, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 34 SDR 127, effective November 14, 2007.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-42-3.
Law Implemented: SDCL 13-42-1, 13-42-2, 13-42-3.

ARSD 24:43:09:04 Application of dual enrollment and minimum school day

A dually enrolled student who is within the compulsory attendance age shall be enrolled in one or more systems for at least the minimum school day. Dual enrollment may consist of enrollment in two or more school districts or in a public school system and in a nonpublic private, parochial, or federal school. A student is counted for enrollment only in the school system where the original entry enrollment is made. A student may have original entry enrollment in only one school during any single school term. For calculating state aid, the dually enrolled student shall be counted in a public school's ADM proportionately to the share of the student's enrollment at the school.

Cross-Reference: Responsibility of person controlling child -- Ages of compulsory attendance -- Entire school term, SDCL 13-27-1.

History

Source: 7 SDR 120, effective July 1, 1981; 11 SDR 96, 11 SDR 112, effective July 1, 1985; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; transferred from § 24:03:04:14, 31 SDR 178, adopted May 24, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1.
Law Implemented: SDCL 13-26-1, 13-27-15, 13-28-2, 13-37-1.

ARSD 24:43:09:05 Repealed

Length of school term for grades one, two, and three.** Repealed.

History

Source: 7 SDR 120, effective July 1, 1981; transferred from § 24:03:06:16, 9 SDR 154, effective July 1, 1983; 11 SDR 96, 11 SDR 112, effective July 1, 1985; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; 27 SDR 32, effective October 11, 2000; transferred from § 24:03:04:15, 31 SDR 178, adopted May 4, 2005, effective July, 2005; repealed, 42 SDR 35, effective September 14, 2015.

ARSD 24:43:09:06 School dismissal for state tournaments

Days school is dismissed to allow students to attend a state tournament or playoff must be declared as vacation days and the time made up to meet the school term established by the school system.

History

Source: 12 SDR 22, effective August 21, 1985; 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, August 9, 1995; 23 SDR 31, effective September 8, 1996; transferred from § 24:03:04:19, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-26-2.1.
Law Implemented: SDCL 13-26-2.1.

Chapter 24:43:10 Instructional staff

ARSD 24:43:10:01 Instructional staff certification requirements

Instructional staff** certification requirements. All instructional staff must meet teacher preparation program approval rules as provided in article 24:53 and certification rules as provided in article 24:28. The school system shall report all of their assignments annually on the personnel record forms provided by the division.

Instructional staff and administrative staff shall be assigned to positions for which they are prepared as indicated on their certificates.

Cross-Reference: Certificate required to teach or administer in public schools, SDCL 13-42-1.

History

Source: SL 1975, ch 16, § 1; 3 SDR 23, effective September 29, 1976; 5 SDR 110, effective July 5, 1979; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; 27 SDR 32, effective October 11, 2000; 29 SDR 30, effective September 12, 2002; transferred from § 24:03:05:01, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 43 SDR 175, effective July 3, 2017.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-42-3.
Law Implemented: SDCL 13-42-3, 13-42-4, 13-43-5.

ARSD 24:43:10:02 Support personnel

All support personnel must be certified by the division or licensed by their respective professional licensing boards to perform the specific responsibility assigned to them. Support personnel include nurses, psychologists, occupational therapists, and physical therapists.

Cross-References:

Registered and practical nurses, SDCL ch 36-9, art 20:48.

Psychologists, SDCL ch 36-27A, art 20:60.

Occupational therapists, SDCL ch 36-31, art 20:64.

Physical therapists, SDCL ch 36-10, art 20:66.

History

Source: SL 1975, ch 16, § 1; 3 SDR 23, effective September 29, 1976; 5 SDR 110, effective July 5, 1979; 11 SDR 96, 11 SDR 112, effective July 1, 1985; transferred from § 24:03:08:02, 12 SDR 22, effective August 21, 1985; 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; transferred from § 24:03:05:11, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-1-12.1, 13-3-47.

Chapter 24:43:11 Curriculum

ARSD 24:43:11:01 Number of required credits for graduation from high school -- Personal learning plan required

Number of required credits for graduation from high school -- Personal learning plan required.** Required units of credit for high school graduation must be earned in grades 9 through 12, and students must earn a minimum of 22 units of credit.

Local school boards or governing bodies may set requirements of credit beyond the minimum. Transfer students unable to meet graduation requirements set by a local school board or governing body because of time and scheduling constraints, but not due to course failure, may graduate on the basis of meeting state minimum requirements for graduation.

The local school board or governing body may waive one or more graduation requirements for senior students who transfer from another state, who have met the standards in that state, and who are unable to meet the graduation requirements set by the state board because of time and scheduling constraints but not due to course failure.

A student must earn a high school diploma as outlined in § 24:43:11:02 in which coursework aligns with the student's personal learning plan. All students in grades 9 through 12 must have a personal learning plan. The personal learning plan must document a minimum of 22 units of credit.

Effective July 1, 2020, any advanced endorsement earned must be listed on the high school transcript.

After January 1, 2026, the department shall review the required credits for high school graduation.

History

Source: SL 1975, ch 16, § 1; 3 SDR 23, effective September 29, 1976; 5 SDR 110, effective July 5, 1979; 9 SDR 154, effective July 1, 1983; 10 SDR 111, effective April 24, 1984; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; 27 SDR 75, effective February 6, 2001; transferred from § 24:03:06:05, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 36 SDR 96, effective December 8, 2009; 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-19.
Law Implemented: SDCL 13-3-1.4, 13-3-48, 13-33-1.

ARSD 24:43:11:02 General requirements for high school graduation

The units of credit required for high school graduation must include the following:

(1) Four units or more of language arts that must include the following:

(a) One unit of writing;

(b) One-half unit of speech or debate; and

(2) Three units or more of social studies that must include the following:

(a) One unit of U.S. history; and

(b) One-half unit of U.S. government;

(3) Three units or more of mathematics that must include one unit of algebra I;

(4) Three units or more of science that must include one unit of biology;

(5) One unit or more in any combination of the following:

(a) Approved career and technical education courses;

(b) A capstone experience; and

(6) One-half unit of personal finance or economics;

(7) One unit of fine arts;

(8) One-half unit of physical education;

(9) One-half unit of health or health integration; and

(10) Five and one-half units of electives.

A state-approved advanced computer science course may be substituted for one unit of science, but may not be substituted for biology.

Within the coursework outlined above, a student may earn one or more advanced endorsement, but is not required to do so. A student may earn one or more of the following advanced endorsements: advanced, advanced career, and advanced honors. Substitutions for laboratory science, using a state-approved computer science course, do not apply to the advanced and advanced honors endorsements.

Students may be granted up to one credit in fine arts for participation in extracurricular activities. A maximum of one-fourth credit may be granted for each extracurricular activity each school year. In order to grant credit, a district must document the alignment of the activity with fine arts content standards as approved by the South Dakota Board of Education.

Academic core content credit may be earned by completing an approved career and technical education course. Approval to offer credit must be obtained through an application process with the Department of Education. The application must include:

(1) Course syllabus;

(2) Standards based curriculum;

(3) Teacher certification;

(4) Assessment of standards by methods including end-of-course exams, authentic assessment, project-based learning or rubrics.

History

Source: 10 SDR 111, effective April 24, 1984; 11 SDR 96, 11 SDR 112, effective July 1, 1985; 16 SDR 214, effective June 12, 1990; 23 SDR 31, effective September 8, 1996; 27 SDR 75, adopted January 17, 2001; 29 SDR 140, adopted April 1, 2003; 31 SDR 129, adopted March 2, 2005, effective July 1, 2009; transferred from § 24:03:06:06.01, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, adopted September 11, 2006, effective September 1, 2007; 33 SDR 55, adopted September 11, 2006, effective September 1, 2009; 36 SDR 96, effective December 8, 2009; 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1, 13-33-19.

ARSD 24:43:11:02.01 Specific units of credit required for high school graduation advanced endorsement

24 : 43 : 11 : 02.01 . Specific units of credit required for high school graduation advanced endorsement. The units of credit required for the high school graduation advanced endorsement must include the following 22 units:

(1) Four units or more of language arts that must include:

(a) One unit of writing;

(b) One-half unit of speech or debate; and

(2) Three units or more of social studies that must include the following:

(a) One unit of U.S. history; and

(b) One-half unit of U.S. government;

(3) Three units or more of mathematics that must include the following:

(a) One unit of algebra I;

(b) One unit of geometry; and

(4) Three units or more of science that must include the following:

(a) One unit of biology; and

(b) Two units of laboratory sciences;

(5) One unit or more in any combination of the following:

(a) Approved career and technical education courses;

(b) A capstone experience; and

(6) One-half unit of personal finance or economics;

(7) One unit of fine arts;

(8) One-half unit of physical education;

(9) One-half unit of health or health integration; and

(10) Five and one-half units of electives.

History

Source: 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1, 13-33-19.

ARSD 24:43:11:02.02 Specific units of credit required for high school graduation advanced career endorsement

24 : 43 : 11 : 02.02 . Specific units of credit required for high school graduation advanced career endorsement. The units of credit required for the high school graduation advanced career endorsement must include the following 22 units:

(1) Four units or more of language arts that must include:

(a) One unit of writing;

(b) One-half unit of speech or debate; and

(2) Three units or more of social studies that must include the following:

(a) One unit of U.S. history; and

(b) One-half unit of U.S. government;

(3) Three units or more of mathematics that must include one unit of algebra I;

(4) Three units or more of science that must include one unit of biology:

(5) Two units or more in any combination of the following:

(a) Approved career and technical education courses from the same career cluster; or

(b) Capstone experience courses;

(6) Attainment of an industry-recognized credential or National Career Readiness Certificate of Silver or higher;

(7) One-half unit of personal finance or economics;

(8) One unit of fine arts;

(9) One-half unit of physical education;

(10) One-half unit of health or health integration; and

(11) Four and one-half units of electives.

History

Source: 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1, 13-33-19.

ARSD 24:43:11:02.03 Specific units of credit required for high school graduation advanced honors endorsement

24 : 43 : 11 : 02.03 . Specific units of credit required for high school graduation advanced honors endorsement. The units of credit required for the high school graduation advanced honors endorsement must include the following 22 units:

(1) Four units or more of language arts coursework that include a minimum of the following:

(a) One and one-half units of writing;

(b) One and one-half units of literature that must include one-half unit of American literature;

(d) One-half unit of language arts elective;

(2) Three units or more of social studies coursework that include a minimum of the following:

(a) One unit of U.S. history;

(b) One-half unit of U.S. government;

(d) One-half unit of world history; and

(e) One-half unit of a social studies elective;

(3) Four units or more of mathematics coursework that include a minimum of the following:

(a) One unit of algebra I;

(b) One unit of geometry;

(d) One unit of an advanced mathematics course;

(4) Four units or more of science, including three units of laboratory science coursework that include a minimum of the following:

(a) One unit of biology;

(b) One unit of any physical science;

(d) One unit of a science elective;

(5) Two units or more of either of the following or a combination of the two:

(a) Approved career and technical education courses; and

(b) Modern or classical language, including American Sign Language, in which the units must be in the same language;

(6) One-half unit of personal finance or economics;

(7) One unit of fine arts;

(8) One-half unit of physical education;

(9) One-half unit of health or health integration; and

(10) Two and one-half units of electives.

All high school coursework must be completed with a "C" or higher.

History

Source: 45 SDR 35, effective September 19, 2018.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1, 13-33-19.

ARSD 24:43:11:03 Criteria for providing instruction over distance by electronic media

Instruction that originates from another location within the state or outside of the state and is provided in the school through electronic media must meet the following criteria:

(1) The instructor at the sending station must meet the requirements of § 24:03:05:01;

(2) If the instructor at the sending station provides only one-way communication, the receiving school system must have a certified teacher in the classroom;

(3) If the instructor at the sending station provides two-way communication and interaction, the receiving school system may have either a certified teacher or a teacher aide to monitor the classroom;

(4) The instructional time must be comparable to the time required to complete a unit of credit in a conventional class; and

(5) The objectives of the class must be comparable to the objectives of a like course taught in a conventional class.

History

Source: 16 SDR 214, effective June 12, 1990; repealed, SL 1995, ch 86, § 2, effective July 1, 1995; readopted, 22 SDR 12, effective August 9, 1995; 23 SDR 31, effective September 8, 1996; transferred from § 24:03:06:07.03, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1.

ARSD 24:43:11:04 Repealed

Specific units of credit required for high school graduation -- Standard high school program.** Repealed.

History

Source: 31 SDR 129, adopted March 2, 2005, effective July 1, 2009; transferred from § 24:03:06:06.06, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, adopted September 11, 2006, effective September 1, 2009; 45 SDR 35, effective September 19, 2018.

ARSD 24:43:11:05 Repealed

Specific units of credit required for high school graduation -- Distinguished high school program.** Repealed.

History

Source: 31 SDR 129, adopted March 2, 2005, effective July 1, 2009; transferred from § 24:03:06:06.07, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 33 SDR 55, adopted September 11, 2006, effective September 1, 2009; repealed, SL 2010, ch 96, § 1, effective July 1, 2010.

ARSD 24:43:11:06 Repealed

Standard and advanced high school programs.** Repealed.

History

Source: 31 SDR 129, effective March 22, 2005; transferred from § 24:03:06:31, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; repealed, 36 SDR 96, effective December 8, 2009.

ARSD 24:43:11:07 Required high school unit offerings

School districts must offer a minimum of the following every two years:

(1) Four units of language arts which include a minimum of the following:

(a) One and one-half units of writing;

(b) One unit of literature;

(d) One-half unit of speech or debate;

(2) Three units of social studies which include a minimum of the following:

(a) One unit of U.S. history;

(b) One-half unit of U.S. government;

(d) One-half unit of world history;

(3) Four units of mathematics which must include a minimum of one unit of algebra I, one unit of algebra II, and one unit of geometry;

(4) Four units of science which must include a minimum of one unit of biology and one unit of chemistry or physics. Three units must be in laboratory science;

(5) One unit of fine arts;

(6) One-half unit of physical education;

(7) One-half unit of economics or personal finance;

(8) Two units of the same world language;

(9) One-half unit of computer science until September 1, 2013;

(10) One unit of approved career and technical education courses;

(11) Effective September 1, 2013, either a capstone experience or service learning; and

(12) Effective September 1, 2013, one-half unit of health or health integration which may be offered in grades six through 12. School districts that offer health or health integration in grades six, seven, or eight must use the waiver process described in chapter 24:43:08.

History

Source: 31 SDR 129, adopted March 2, 2005, effective July 1, 2006; transferred from § 24:03:06:32, 31 SDR 178, adopted May 4, 2005, effective July 1, 2005; 36 SDR 96, effective December 8, 2009.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1.

ARSD 24:43:11:08 Testing requirements

School districts shall administer a career interest assessment by the conclusion of grade eight and a career aptitude assessment by the end of the fall semester of grade ten. The assessment used in the development of the student's personal learning plan shall be provided by the Department of Education.

History

Source: 32 SDR 196, effective May 28, 2006; 34 SDR 322, effective July 1, 2008.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-3-1.4, 13-33-1.

ARSD 24:43:11:09 Course equivalency exam

Course equivalency exams may be administered by a district if the district has received the approval for waiver from administrative rule pursuant to chapter 24:43:08 to offer equivalency exams for a specific content area. The exam shall be standards based if applicable. Credit shall be granted by equivalency exam based on the following:

(1) The student must pass the exam with at least 85% proficiency;

(2) The course equivalency exam must be passed on the first attempt for credit to be issued;

(3) Credit must be included on the student's transcript;

(4) Failed attempts on the course equivalency exam may not be included on a student's transcript and may not be calculated as a part of a student's cumulative grade point average; and

(5) The school district must proctor and score the exam.

History

Source: 33 SDR 236, effective July 5, 2007; 45 SDR 130, effective April 29, 2019.
General Authority: SDCL 13-1-12.1, 13-3-47.
Law Implemented: SDCL 13-5-34.

ARSD 24:43:11:10 Repealed

Students may complete standard high school program or change to recommended high school program.** Repealed.

History

Source: 36 SDR 96, effective December 8, 2009; 45 SDR 35, effective September 19, 2018.

ARSD 24:43:11:11 Repealed

End-of-course exams -- Submission date -- Approval -- Training.** Repealed.

History

Source: 37 SDR 127, effective December 28, 2010l; 42 SDR 98, effective January 7, 2016.

ARSD 24:43:11:12 Repealed

End-of-course exams -- Align to blueprint -- Prohibited questions.** Repealed.

History

Source: 37 SDR 127, effective December 28, 2010; 42 SDR 98, effective January 7, 2016.

ARSD 24:43:11:13 Repealed

End-of-course exam item refreshment -- Approval.** Repealed.

History

Source: 37 SDR 127, effective December 28, 2010; 42 SDR 98, effective January 7, 2016.

ARSD 24:43:11:14 Repealed

End-of-course exams -- Different versions -- Student retest.** Repealed.

History

Source: 37 SDR 127, effective December 28, 2010; 42 SDR 98, effective January 7, 2016.

ARSD 24:43:11:15 Repealed

End-of-course exam security procedures.** Repealed.

History

Source: 37 SDR 127, effective December 28, 2010; 42 SDR 98, effective January 7, 2016.

ARSD 24:43:11:16 Repealed

Submission of test data.** Repealed.

History

Source: 37 SDR 127, effective December 28, 2010; 42 SDR 98, effective January 7, 2016.

Chapter 24:43:12 Distance learning

ARSD 24:43:12:01 Distance learning provider certificate requirements and criteria

The secretary of the department may issue a distance learning certificate to a distance learning provider if the provider meets the following requirements and criteria:

(1) Course content is aligned to state standards;

(2) Instructional staff qualifications require that:

(a) Distance learning instructional staff have the same qualifications as teachers in a traditional physical school;

(b) Distance learning instructional staff annually demonstrate proficiency in delivering instruction using the distance learning provider's delivery system; and

(3) Current professional development for instructional staff delivering coursework in the distance learning environment is offered by the distance learning provider. Instructional staff shall demonstrate proficiency in current methods of delivering distance instruction.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:02 Distance learning certificate application procedures

The department shall provide application procedures for securing a distance learning certificate.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:03 Duration and renewal of a distance learning certificate

A distance learning certificate is in effect for three calendar years following the date of issue from the secretary of the department. A distance learning provider shall submit a request for renewal to the department upon the expiration of the provider's current distance learning certificate.

A distance learning provider shall request approval from the department for staffing changes and additional courses.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:04 Distance learning certificate issuance fee

The fee for requesting a distance learning certificate is $100 for each active certificate. A renewal processing fee of $100 is assessed to the distance learning provider requesting a distance learning certificate.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:05 Distance learning provider appeal process

A distance learning provider has 14 calendar days from the date of a certificate decision by the secretary of the department to appeal. The department shall respond to the distance learning provider within 30 calendar days regarding the action that will be taken on the appeal.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:06 Student registration

Districts shall register students with a state-approved, distance learning provider.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:07 Student and school responsibility in a distance learning environment

The Department of Education shall set the requirements for online etiquette and ethics to be followed by the students and shall require the local school to monitor the student physical classes.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:08 Verification of coursework proficiency

The Department of Education shall require proctored exams, methods to verify the completion of student coursework, and that students follow the required etiquette and ethical standards of the distance learning center.

History

Source: 32 SDR 117, effective January 5, 2006.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:09 South Dakota Virtual School

The South Dakota Virtual School is a consortium of approved statewide distance learning providers under the auspices of the Department of Education. The school may not grant diplomas or credit.

The South Dakota Virtual School shall provide choice, accessibility, flexibility, quality, and equity in high school curricular offerings for students in the state.

History

Source: 33 SDR 73, effective November 2, 2006; 34 SDR 322, effective July 1, 2008.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:10 South Dakota Virtual School providers

The South Dakota Virtual School may include only approved distance learning providers. A provider may be added to the school at any time during the year. The provider remains a part of the school as long as the provider's distance learning certificate is current.

History

Source: 33 SDR 73, effective November 2, 2006; 34 SDR 322, effective July 1, 2008.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

ARSD 24:43:12:11 Course approval

The Department of Education shall review and approve each course offered by an approved distance learning provider before posting the course offering to the South Dakota Virtual School. Each course shall be approved contingent on:

(1) Alignment with state content standards;

(2) Qualified instructional staff;

(3) Evaluation component for students to demonstrate course completion; and

(4) Assurance that the approved distance learning provider will work with the local district to meet special needs in order to be in compliance with the Americans with Disabilities Act, as amended to July 1, 2006;

(5) Being identified as a need by the South Dakota Virtual School Advisory Council.

Each course description must include prerequisites, course duration, number of credits, delivery method, syllabus, and fee amount.

History

Source: 33 SDR 73, effective November 2, 2006; 34 SDR 322, effective July 1, 2008.
General Authority: SDCL 13-1-12.1, 13-3-47, 13-33-22.
Law Implemented: SDCL 13-1-12.1, 13-3-47, 13-33-21.

Chapter 24:43:13 Noncertified administrators, Repealed

ARSD 24:43:13:01 Repealed

Eligibility.** Repealed.

History

Source: 35 SDR 48, effective September 10, 2008; 43 SDR 175, effective July 3, 2017.

ARSD 24:43:13:02 Repealed

Waiver request.** Repealed.

History

Source: 35 SDR 48, effective September 10, 2008; 43 SDR 175, effective July 3, 2017.