Department of Education



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 TitleShort DescriptionPublic Hearing DatesInterim Commitee HearingComment Deadline 
Article 24:05 (Extraordinary Costs) Article 24:08 (Professional Teachers) Article 24:11 (Professional Administrators) Article 24:56 (Cooperation in Education) Article 24:57 (Teacher Performance Standards and Evaluation) The effect of the changes to Article 24:05 (Extraordinary Costs) is to revise and clarify the application, approval, distribution, and expenditure process for requesting extraordinary cost funds and reduce the number of mandatory meetings of the Extraordinary Cost Oversight Board. The reason for adopting the proposed rules is to return the focus of extraordinary cost funds to assisting districts in meeting the extraordinary needs of students and programs rather than excess costs. The effect of changes to Article 24:08 (Professional Teachers) and Article 24:11 (Professional Administrators) is to remove unused definitions, change the article titles, and move the teacher performance standards rule (§ 24:08:06:01) to another article. The reason for adopting the proposed rules is for clean up and clarification of the focus of the articles. The effect of Article 24:56 (Cooperation in Education) will be to set deadlines, requirements, and criteria for approval of school district consortium agreements and whole grade sharing agreements. The reason for adopting the proposed rules is to provide more structure to the submission and approval process and fulfill rulemaking requirements imposed in statute. The effect of Article 24:57 (Teacher Performance Standards and Evaluation) will be to reference the most recent version of the Danielson framework and to allow a school district to use its own process for evaluating teachers, as long as it can provide evidence that the process aligns with the Danielson framework and includes, as a significant factor, data on student growth. The reason for adopting the proposed rules is to provide school districts with flexibility to evaluate and support teachers in their professional growth, while still maintaining consistency across the state. 10/01/2013 11/12/2013 09/30/2013
Section 24:05:33:07.03 (Special Education Fund) The effect of the rules change would allow school districts to use special education funds to pay for administrative expenses incurred by educational service cooperatives as a result of providing special education service. The reason for adopting the proposed rules change is to allow certain administrative expenditures incurred by educational service cooperatives to be paid by special education funds. 11/18/2013 12/17/2013 11/15/2013
Articles 24:05 (Special Education), 24:15 (Certification), and 24:53 (Teacher Preparation Programs) The proposed administrative rules changes will: 1) remove unused definitions and update outdated language, 2) cleanup and clarification of the focus of the articles, 3) remove speech/language pathologist from the definition of “Other School Personnel” and remove language that is no longer needed. 03/24/2014 05/06/2014 03/19/2014
Section 24:10:42:26 (Postsecondary Technical Institute Tuition); Section 24:10:42:28 (Postsecondary Technical Institute Funding Formula) The effect of the rules will be to remove the requirement that state fees not exceed 20% of total tuition and fees and to revise the per student allocation to coincide with the amount approved by legislature. The reason for adopting the proposed rules is to bring the rules in compliance with legislation passed during the 2014 legislative session. 05/19/2014 06/03/2014 05/16/2014
Chapter 24:05:24.01 (eligibility criteria - autism spectrum disorder) and Section 24:55:01:01(37) (“students with disabilities” accountability definition). The effect of changes to chapter 24:05:24.01 (eligibility criteria - autism spectrum disorder) is to update terminology, criteria, and other requirements regarding the definition and evaluation of autism spectrum disorder, to reference the current edition of the Diagnostic and Statistical Manual of Mental Disorders, and to repeal sections already covered by other comprehensive evaluation rules. The reason for these changes is to comply with new legislation, requirements, and best practices, and to clean up and streamline certain provisions. The effect of changes to section 24:55:01:01(37) (“students with disabilities” accountability definition) is to make the definition of “students with disabilities” in the accountability rules consistent with the definition in the special education rules. The reason for this change is to clean up and streamline the rules. 07/21/2014 08/12/2014 07/18/2014
article 24:10 (career and technical education) and section 24:15:03:08 (school library/media endorsement programs) Article 24:10 (career and technical education) is to outline the purpose, process, criteria, and conditions for grant applications and distribution of funds from the workforce education fund. Section 24:15:03:08 (school library/media endorsement programs) is to remove the school library/media endorsement as a stand-alone certificate. 09/15/2014 11/12/2014 09/12/2014
24:57:01:01 (teacher performance standards and evaluation) and article 24:58 (principal performance standards and evaluation) The proposed changes are needed to make terminology consistent for both teacher and principal evaluations. The proposed new article, 24:58, places in rule what is currently required to comply with contract process for public school districts. 11/17/2014 12/16/2014 11/14/2014
article 24:55 (public school accountability system) Changes to article 24:55 (public school accountability system) are to update certain components of the accountability system and update references throughout the article. These changes make the rules consistent with South Dakota’s Elementary and Secondary Education Act Flexibility Waiver Extension as approved by the U.S. Department of Education and current terminology 05/18/2015 06/08/2015 05/15/2015
ARSD 24:52:05:01 and 24:52:05:02 ARSD 24:52:05:01 sets membership fees for the State Historical Society and ARSD 24:52:05:02 sets standard fees for services provided by the State Historical Society. The reasons for the proposed rules are as follows: ARSD 24:52:05:01 to increase the membership fees for the State Historical Society. ARSD 24:52:05:02 to increase fees at the State Archives for microfilm production, and adding fees for the new services of digital camera use and microfiche scanning. The proposed rules also adjust fees charged by the Archaeological Research Center for its services regarding curation, permits, and data services and to remove rules for fees charged for certain other services. 05/28/2015 05/27/2015
24:10:42:28 (postsecondary technical institute per student allocation), 24:15:03:04 (revoke, suspend, or void a certificate), chapter 24:15:06 (math endorsement), article 24:18 (certificate denial and discipline procedures), chapter 24:40:05 (tuition equalization grant program), chapter 24:40:09 (Robert C. Byrd honors scholarship program), chapter 24:40:11 (Christa McAuliffe fellowship program), 24:43:09:05 (school term length grades 1-3), article 24:54 (teacher compensation program). The effect and purpose of changes to 24:10:42:28 (postsecondary technical institute per student allocation) is to increase the postsecondary technical institute per student allocation to the level set for fiscal year 2016 by the Legislature. The effect and purpose of changes to 24:15:03:04 (revoke, suspend, or void a certificate) is to repeal that section. The effect of changes to chapter 24:15:06 (math endorsement) is to clarify the test required to obtain a 7-12 mathematics endorsement and create a 7-12 intermediate mathematics endorsement. The purpose is to create an endorsement for qualified individuals who are teaching only lower level high school math courses. The effect of article 24:18 (certificate denial and discipline procedures) is to detail the procedures for the denial of an application for a certificate, the duration of an order imposing discipline, the procedures for reinstatement, and the public or private nature of disciplinary records. The purpose is to provide more detail on processes and comply with new legislation from the 2015 legislative session. The effect of changes to chapter 24:40:05 (tuition equalization grant program), chapter 24:40:09 (Robert C. Byrd honors scholarship program), chapter 24:40:11 (Christa McAuliffe fellowship program), 24:43:09:05 (school term length grades 1-3), and article 24:54 (teacher compensation program) is to repeal all those provisions. The reason for these changes is that the statutory authority for these rules has been repealed by the Legislature, or the programs are no longer funded. 07/27/2015 08/17/2015 07/24/2015
24:15:03:05 (certification fee increases) The effect of the changes to 24:15:03:05 is to increase educator certification application fees effective July 1, 2016, and clean up language in the section. The reason for the changes to 24:15:03:05 is due to revenues not meeting the annual expenditures for certification-related expenses and the fund balance decreasing to a point that the fund will not be able to support the ongoing cost of these expenses. 09/21/2015 11/09/2015 09/18/2015
Article 24:15 and Section 24:53:07:12 (secondary CTE certification), Article 24:43 (end of course exams and summer credits), and Article 24:55 (public school accountability system) The effect of the rules in article 24:15 and section 24:53:07:12 (secondary CTE certification) will be to provide additional and consistent options for secondary career and technical education (CTE) teachers to become certified to teach CTE courses. The reason for adopting the proposed rules is to simplify and clean up the secondary CTE certification process. The effect of the rules in article 24:43 (end of course exams) will be to clean up language and eliminate the requirement that a student taking a high school course from a qualified teacher before grade nine pass a state-approved assessment before credit can be awarded, which will allow a school district to determine if the student has met the same criteria required for credit to be awarded to high school students in the district. The reason for adopting the proposed rules is to return local control to school districts in regard to whether a student taking a high school course before grade nine has met the criteria for passage of the course and awarding of credit. The effect of the rules in article 24:43 (section 24:43:11:17 – summer credits) is to require the acceptance of credit for summer courses taken from an accredited school system documentation and notice of any decision that the credits do not meet graduation requirements. The reason for adopting the proposed rules is to encourage innovation outside of the traditional school calendar in preparing students for college and careers. The effect of changes to article 24:55 (public school accountability system) is to update certain components of the accountability system to provide a more in-depth measure of public school performance. The reason for adopting the proposed rules is to make the rules consistent with South Dakota’s current Elementary and Secondary Education Act Flexibility Waiver. 11/16/2015 12/14/2015 11/13/2015
24:55 – Public School Accountability System The effect of and reason for the rules is to make changes for purposes of carrying over classifications from the 2014-15 report card to the 2015-16 report card as a result of direction from the U.S. Department of Education regarding orderly transition to the Every Student Succeeds Act, PL 114-95 (December 10, 2015). 05/16/2016 06/01/2016 05/13/2016
24:10:42:27, 24:10:42:28, Chapter 24:10:45, Chapter 24:10:49, Chapter 24:56:03 The effect and purpose of changes to 24:10:42:27 (Postsecondary technical institute (PTI) facility fund set aside) is to change the amount of the set-aside of projected state fees charged to students pledged for the payment of lease purchase agreements in order to comply with 2016 House Bill 1203. The effect and purpose of changes to 24:10:42:28 (PTI per student allocation) is to increase the PTI per student allocation to the level set for fiscal year 2017 by the South Dakota Legislature. The effect and purpose of changes to chapter 24:10:45 (PTI credential) is to transition PTI instructor credentialing from the South Dakota Department of Education to the postsecondary technical institutes and comply with 2016 Senate Bill 8. The effect and purpose of new chapter 24:10:49 (PTI instructor salary support) is to provide guidance for the use of money provided by the South Dakota Legislature pursuant to 2016 House Bill 1182 to increase PTI instructor salaries. The effect and purpose of new 24:17:03:10 (Requirement to submit educational structure data) is to provide the annual deadline and requirements for school districts to report their educational structure data in order to comply with all reporting and state aid calculation requirements. The effect and purpose of new chapter 24:56:03 (Shared services grants) is to lay out the application process, guidelines, and criteria for the shared services grant program established by the South Dakota legislature in 2016 Senate Bill 133, which encourages the sharing of employee services between school districts. 06/20/2016 07/12/2016 06/17/2016
Chapter 24:10:47 Workforce Education Grants The effect of and reason for the rules is to add private, non-profit entities that provide specialized career and technical services and education to the list of eligible recipients for Workforce Education Grants in accordance with changes to SDCL 13-13-89 made during the 2016 legislative session. 09/20/2016 09/26/2016 09/19/2016
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