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.

          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.

          24:43:12:02.  Distance learning certificate application procedures. The department shall provide application procedures for securing a distance learning certificate.

          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.

          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.

          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.

          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.

          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.

          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.

          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.

          24:43:12:06.  Student registration. Districts shall register students with a state-approved, distance learning provider.

          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.

          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.

          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.

          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.

          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.

          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.

          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.

          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.

          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.

          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.

          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.