Empowering Parents: Understanding the Special Education Process in South Dakota
Do you have questions about your child’s development and unique needs? Special education services for students ages 3-21 may be available when a student is struggling with learning or development because of a disability. If you see your child struggling, you are encouraged to work with school personnel to determine ways to help your child. This blog provides a comprehensive guide to understanding the special education process in South Dakota, ensuring that every child receives the support they need to succeed.
Step 1: Referral
A parent, teacher, doctor, or another provider can make a referral to a local school district for a special education evaluation if they have concerns that a child may have difficulties with learning or development. A referral should be made in writing. The school must review existing data to determine if there is evidence that a child has one or more of the conditions covered under the Individuals with Disabilities Education Act (IDEA) 2004, such as developmental delays, autism spectrum disorder, and more.
Step 2: Parental Prior Written Notice (PPWN)
Once a school district receives a referral, they must provide parental prior written notice (PPWN) within a reasonable amount of time and in the parent’s native language stating whether the evaluation will or will not be conducted and why, based on a review of existing data.
- If an evaluation will not be conducted, the school district must inform the parent why through a PPWN.
- If an evaluation will be conducted, PPWN consent for evaluation is required.
Step 3: Evaluation
Once the school district receives parent consent, they have 25 school days to complete the evaluations listed. Evaluations are completed at the school district unless otherwise agreed upon. Evaluators are required to be trained and experienced in the area of the evaluation. If a child is determined eligible for special education services, the evaluation process will occur every three years to determine continued eligibility.
Step 4: Meeting Notice
Upon completion of the evaluation, the school district will work with the parent(s) to determine a date and time that works for them to meet with the eligibility team or Individual Education Plan (IEP) team. The district will provide parents with a meeting notice with the agreed date, time, and location. This eligibility meeting may be held virtually, by phone, or in-person.
Step 5: Eligibility Meeting
The eligibility meeting occurs within 30 days after the evaluation timeline. Evaluation results are shared and discussed with the IEP team, including parents, to determine if the student is eligible for special education services under the IDEA 2004. If the student is eligible, the IEP team will work collaboratively to develop an IEP for the student.
Step 6: Developing and Updating an IEP
An IEP lays out a plan to support the eligible student through special education instruction, supports, and services in order to make educational progress. It is a legal document that a district must follow as written. A student’s IEP must be updated at least annually or as the student’s needs change.
Parental Participation in the IEP Process
Parents are equal members of the student’s IEP team. As a parent, you have the right to participate in all IEP meetings, share information, disagree, and call an IEP meeting anytime changes are needed. Parents must receive a copy of the IEP annually and anytime changes are made.
Dispute Resolution Options
If a parent disagrees with the IEP team, they have rights as outlined in the South Dakota Parental Rights and Procedural Safeguards Handbook. Dispute resolution options include IEP facilitation, mediation, state complaints, and due process hearings.
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