24:14:02:05.06. State enforcement -- Determinations. On an annual basis, based on local Part C program performance data, information obtained through monitoring visits, and other information available, the department shall determine whether each meets the requirements and purposes of Part C of the IDEA.
If the department determines, for two consecutive years, that a Part C program intervention program needs assistance in implementing the requirements of Part C of the IDEA, the department shall take one or more of the following actions:
(1) Advise the Part C program of available sources of technical assistance that may help the program address the areas in which the program needs assistance. Assistance may include assistance from the department's Part C program, other offices of the department, other state agencies, technical assistance providers approved by the department, and other federally-funded nonprofit agencies. The department shall require the program to work with appropriate entities. Such technical assistance may include:
(a) The provision of advice by experts to address the areas in which the program needs assistance, including explicit plans for addressing the area for concern within a specified period of time;
(b) Assistance in identifying and implementing professional development, instructional strategies, and methods of instruction that are based on scientifically-based research;
(c) Designating and using distinguished administrators, service coordinators, service providers, and other personnel from the Part C program to provide advice, technical assistance, and support; and
(d) Devising additional approaches to providing technical assistance, such as collaborating with institutions of higher education, educational service agencies, national centers of technical assistance supported under Part D of the IDEA, and private providers of scientifically-based technical assistance; and
(2) Identify the Part C program as a high-risk grantee and impose special conditions on the program's grant under Part C of the IDEA.
If the department determines, for three or more consecutive years, that a Part C program needs intervention in implementing the requirements of Part C of the IDEA, the department shall require the program to prepare a corrective action plan if the department determines that the program should be able to correct the problem within one year or withhold, in whole or in part, any further payments to the program under Part C of the IDEA. The department may also take any of the actions described in subdivisions (1) and (2) of this section.
Notwithstanding the other provisions of this section, if the department determines that a Part C program needs substantial intervention in implementing the requirements of Part C of the IDEA or that there is a substantial failure to comply with any condition of the program's eligibility under Part C of the IDEA, the department shall withhold, in whole or in part, any further payments to the program under Part C of the IDEA.
Nothing in this section restricts the department from using any other authority available to it to monitor and enforce the requirements of Part C of the IDEA.
Source: 35 SDR 82, effective October 22, 2008.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
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