State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

686P0736   HOUSE BILL   NO.   1291  

Introduced by:     Representatives Weems, Bradford, Elliott, Gilson, Hackl, Heineman, Hills, Miles, Novstrup (Al), Novstrup (David), Olson (Ryan), Rausch, Rhoden, Thompson, Tidemann, Van Norman, Wick, and Willadsen and Senators Hansen (Tom), Albers, Greenfield, Heidepriem, Maher, McCracken, McNenny, Schmidt (Dennis), Smidt (Orville), and Turbak Berry
 

         FOR AN ACT ENTITLED, An Act to  allow students who have dyslexia to receive special education or special education and related services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That ARSD 24:05:24.01:01 be amended to read as follows:
     24:05:24.01:01. Students with disabilities are students evaluated in accordance with chapter 24:05:25 as having autism, deaf-blindness, deafness, hearing loss, cognitive disability, multiple disabilities, orthopedic impairment, other health impairments, emotional disturbance, specific learning disabilities, dyslexia, 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.