Students with disabilities are students evaluated in accordance with chapter 24:05:25 and this chapter as having autism spectrum disorder, deaf-blindness, deafness, hearing loss, cognitive disability, multiple disabilities, orthopedic impairment, other health impairments, emotional disability, specific learning disabilities, speech or language impairments, traumatic brain injury, or vision loss, including blindness, which adversely affects educational performance, and who, because of those disabilities, need special education or special education and related services. If it is determined through an appropriate evaluation, under chapter 24:05:25, that a student has one of the disabilities identified in this chapter, but only needs a related service and not special education, the student is not a student with a disability under this article. If, consistent with this chapter, the related service required by the student is considered special education, the student is a student with a disability under this article.

24:05:24.01:01.01. Manual defined. For purposes of §§ 24:05:24.01:03 to 24:05:24.01:05, inclusive, the term, manual, means the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), American Psychiatric Association.

Reference: Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (2013), American Psychiatric Association. The materials are available for viewing at the South Dakota Department of Education, 800 Governors Drive, Pierre, South Dakota. Copies of portions of the manual referenced in §§ 24:05:24.01:03 to 24:05:24.01:05, inclusive, can be obtained at http://www.autismspeaks.org/what-autism/diagnosis/dsm-5-diagnostic-criteria.

Source: 41 SDR 37, effective September 4, 2014.

General Authority: SDCL 13-1-12.1 , 13-37-1 , 13-37-1.1 , 13-37-28 , 13-37-46 , 13-37-47 , 13-37-52.

Law Implemented: SDCL 13-1-12.1 , 13-37-1 , 13-37-1.1 , 13-37-1.2 , 13-37-28 , 13-37-46 , 13-37-47 , 13-37-52.

Prior versions effective: 2014-09-04, 2007-07-05.