CHAPTER 24:14:02
GENERAL ADMINISTRATION
Section
24:14:02:01 Applicability.
24:14:02:02 Entitlement to services.
24:14:02:03 Program administration.
24:14:02:04 Program supervision.
24:14:02:05 Monitoring of program.
24:14:02:05.01 State monitoring -- Primary focus.
24:14:02:05.02 State monitoring -- Quantifiable indicators and priority areas.
24:14:02:05.03 State performance plan -- General.
24:14:02:05.04 State performance plan -- Data collection.
24:14:02:05.05 State use of targets and reporting.
24:14:02:05.06 State enforcement -- Determinations
24:14:02:06 Repealed.
24:14:02:07 Central directory of information.
24:14:02:08 Repealed.
24:14:02:09 Public awareness program.
24:14:02:10 Program requirements.
24:14:02:11 Contracting or arranging for services.
24:14:02:12 Coordination with early learning programs.
24:14:02:13 Public participation -- Federal application requirement.
24:14:02:01. Applicability. The provisions of this article apply to all public agencies and nonpublic service providers in the state involved in the provision of early intervention services, regardless of whether such agencies or providers receive Part C funds, and all children referred to the Part C program, including children determined to be eligible under this article and their families.
Source: 20 SDR 223, effective July 7, 1994; 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:02. Entitlement to services. Eligible children and their families, including Native American children with disabilities and their families residing on an Indian reservation geographically located in the state, homeless children with disabilities and their families, children with disabilities who are wards of the state, and minority, low-income, and rural families, are entitled to appropriate early intervention services based on scientifically-based research, to the extent practicable, in accordance with an individualized family service plan. The department shall involve these family groups in planning and implementing the requirements in this article, including providing access to culturally competent services within their local geographical areas.
Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:03. Program administration. The Department of Education is the lead agency for the program, receives funds under Part C, and is responsible for the administration of this article.
Source: 20 SDR 223, effective July 7, 1994; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:04. Program supervision. The department is responsible for general supervision of the Part C program. The department shall monitor all programs and activities used by the state to implement the provisions of this article to ensure statewide compliance, whether or not such programs or activities receive assistance made available under the Part C program.
Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 49 SDR 7, effective July 31, 2022.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:05. Monitoring of program. In meeting the requirements of this article, the department shall use the following methods of administering the program:
(1) Monitoring agencies, institutions, early intervention service providers, and organizations used by the state to carry out the provisions of this article;
(2) Enforcing any obligations imposed on those agencies, institutions, early intervention service providers, and organizations under the Individuals with Disabilities Education Act and this article;
(3) Providing technical assistance, if necessary, to those agencies, institutions, early intervention service providers, and organizations; and
(4) Correcting any noncompliance identified through monitoring as soon as possible and no later than one year after the department's identification of noncompliance.
Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012; 49 SDR 7, effective July 31, 2022.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:05.01. State monitoring -- Primary focus. The
department shall monitor the implementation of this article, enforce this
article in accordance with §§ 24:14:02:05 and 24:14:02:05.06, and annually
report on performance under this article. The primary focus of the department's
monitoring activities shall be on:
(1) Improving early
intervention results and functional outcomes for all children with
disabilities; and
(2) Ensuring that Part C
programs meet the program requirements under Part C of the IDEA, with emphasis
on those requirements that are most closely related to improving early
intervention results for children with disabilities.
As a part of its responsibilities
under this section, the department shall use quantifiable indicators and such
qualitative indicators as are needed to adequately measure performance in the
priority areas identified in § 24:14:02:05.02 and the indicators
established by the U.S. Secretary of Education for the state performance plan
as provided in § 24:14:02:05.03.
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.
24:14:02:05.02. State monitoring -- Quantifiable indicators and
priority areas. The department shall monitor each Part C program using
quantifiable indicators in each of the following priority areas, and using such
qualitative indicators as are needed to adequately measure performance in those
areas:
(1) Provision of early
intervention services in natural environments; and
(2) Department exercise of
general supervision, including child find, effective monitoring, the use of
resolution meetings, mediation, and a system of transition services as defined
in this article and article 24:05.
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.
24:14:02:05.03. State performance plan -- General. The
department shall have in place a performance plan that evaluates the state's
efforts to implement the requirements and purposes of Part C of the IDEA, and
describes how the department will improve such implementation. The department
shall submit the state's performance plan to the U.S. Secretary of Education
for approval in accordance with the approval process described in Part C of the
IDEA. The department shall review its state performance plan at least once
every six years, and submit any amendments to the U.S. Secretary of Education.
As part of the state performance plan, the department shall establish
measurable and rigorous targets for the indicators established by the U.S.
Secretary of Education under the priority areas described in
§ 24:14:02:05.02.
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.
24:14:02:05.04. State performance plan -- Data collection.
The department shall collect valid and reliable information as needed to report
annually to the U.S. Secretary of Education on the indicators established by
the U.S. Secretary of Education for the state performance plan.
If the U.S. Secretary of Education
permits the department to collect data on specific indicators through state
monitoring or sampling, and the department collects the data through state
monitoring or sampling, the department shall collect data on those indicators
for each Part C program at least once during the period of the state
performance plan.
Nothing in Part C of the IDEA
authorizes the development of a nationwide database of personally identifiable
information on individuals involved in studies or other collections of data
under 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.
24:14:02:05.05. State use of targets and reporting. The department shall use the targets established in the state's performance plan and the priority areas described in § 24:14:02:05.02 to analyze the performance of each Part C program in implementing Part C of IDEA.
The department shall:
(1) Report annually to the public on the performance of each Part C program on the targets in the state performance plan no later than 120 days following the department's submission of its annual performance report to the U.S. Secretary of Education; and
(2) Make the state performance plan, annual performance reports, and reports on each Part C program available through public means, including by posting on the website of the department, distribution to the media, and distribution through public agencies.
If the department collects performance data through state monitoring or sampling, the department shall include in its report the most recently available performance data on each Part C program and the date the data were collected.
The department shall report annually to the U.S. Secretary of Education on the performance of the state under the state performance plan.
The department may not report to the public or the U.S. Secretary of Education any information on performance that would result in the disclosure of personally identifiable information, or that is insufficient to yield statistically reliable information.
Source: 35 SDR 82, effective October 22, 2008; 49 SDR 7, effective July 31, 2022.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
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 Part C program meets the requirements and purposes of Part C.
If the department determines, for two consecutive years, that a Part C program needs assistance in implementing the requirements of Part C, the department may take one or more of the following actions:
(1) Advise the program of available sources of technical assistance that may help address the areas in which the program needs assistance;
(2) Identify the program as a high-risk grantee and impose special conditions on the program's grant under Part C; and
(3) If the department determines, for three or more consecutive years, that a program needs intervention in implementing the requirements of Part C, the department may require the program to prepare and implement a corrective action plan to correct deficiencies within one year, or the department may withhold, in whole or in part, any further payments to the program under Part C.
Notwithstanding the other provisions of this section, if the department determines that a program needs substantial intervention in implementing the requirements of Part C or that there is a substantial failure to comply with any condition of the program's eligibility under Part C, the department shall withhold, in whole or in part, any further payments to the program under Part C.
Nothing in this section restricts the department from using any other authority available to it to monitor and enforce the requirements of Part C.
Source: 35 SDR 82, effective October 22, 2008; 49 SDR 7, effective July 31, 2022.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:06. Compliance monitoring reports.Repealed.
Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.
24:14:02:07. Central directory of information. The department shall develop a central directory that is accessible to the general public through the department's website (http://doe.sd.gov/) and other appropriate means pursuant to § 24:14:02:08 and includes accurate up-to-date information about the following:
(1) Public and private early intervention services, resources, and experts available in South Dakota;
(2) Research and demonstration projects being conducted in South Dakota relating to infants and toddlers with disabilities; and
(3) Professional and other groups, including parent support groups, training and information centers such as those funded under Part C, and advocate associations, that provide assistance to children eligible under this chapter and their families.
Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:08. Central directory requirements. Repealed.
Source: 20 SDR 223, effective July 7, 1994; repealed, 39 SDR 109, effective December 17, 2012.
24:14:02:09. Public awareness program. The department shall develop a public awareness program that focuses on early identification of infants and toddlers with disabilities. The program shall include the preparation and dissemination to all primary referral sources, especially hospitals and physicians, of materials for parents on the availability of early intervention services in this article and article 24:05. The materials shall emphasize the need to inform parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications. The department shall develop procedures for assisting primary referral sources in disseminating information to parents. The public awareness program shall provide information about the following:
(1) The state's Part C program;
(2) The child find system established pursuant to § 24:14:10:01, including:
(a) The purpose and scope of the system;
(b) How to make referrals for children under the age of three; and
(c) How to gain access to a comprehensive, multidisciplinary evaluation and other early intervention services; and
(3) The central directory established pursuant to § 24:14:02:07.
The department shall also inform parents of toddlers with disabilities of the availability of services pursuant to article 24:05 not fewer than 90 days before the toddler's third birthday.
Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 28 SDR 105, effective January 31, 2002; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:10. Program requirements. The public awareness program shall:
(1) Provide a continuous, ongoing effort that is in effect throughout the state, including rural areas;
(2) Provide for the involvement of, and communication with, major organizations throughout the state that have a direct interest in this article, including public agencies at the state and local level, private providers, professional associations, parent groups, advocate associations, and other organizations;
(3) Have coverage broad enough to reach the general public, including those who are disabled;
(4) Include a variety of methods for informing the public about the provisions of this article; and
(5) Be culturally diverse.
Source: 20 SDR 223, effective July 7, 1994.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:11. Contracting or arranging for services. In contracting or arranging for early intervention services with public or private individuals or agency service providers, the department shall require:
(1) All early intervention services meet state standards pursuant to this article;
(2) That the services and providers comply with the Education Department General Administrative Regulations in 34 C.F.R. Part 80, as amended to July 1, 2012.
Source: 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:12. Coordination with early learning programs. The department shall describe state efforts to promote collaboration among Head Start and Early Head Start programs under the Head Start Act, early education and child care programs, and services under Part C.
The department shall participate, consistent with section 642B(b)(1)(C)(viii) of the Head Start Act, on the State Advisory Council on Early Childhood Education and Care established under the Head Start Act.
Source: 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:02:13. Public participation -- Federal application requirement. At least 60 days prior to submitting the federal application for part C funding to the U.S. Department of Education, the department shall publish the application in a manner that will ensure circulation throughout the state with an opportunity for public comment on the application for at least 30 days during that period.
The application must include a description of the policies and procedures used by the state to ensure that, before adopting any new policy or procedure, including any revision to an existing policy of procedure, needed to comply with Part C of the IDEA and this article, the department:
(1) Holds public hearings on the new policy or procedure, including any revision to an existing policy or procedure;
(2) Provides notice of the hearings held in accordance with this section at least 30 days before the hearings are conducted to enable public participation; and
(3) Provides an opportunity for the general public, including individuals with disabilities, parents of infants and toddlers with disabilities, contractors, and the members of the state interagency coordinating council, to comment for at least 30 days on the new policy or procedure, including any revision to an existing policy or procedure, needed to comply with Part C of the IDEA and this article.
Source: 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
