Administrative Rule 24:14:03 | South Dakota Legislature

24:14:03:01.01. Complaint. A complaint is a written signed statement by an individual or organization including an individual or organization from another state containing a statement that the department, a public agency, or a nonpublic service provider has violated a requirement of federal or state statutes, rules, or regulations that apply to a program and a statement of the facts on which the complaint is based.

The complaint must allege a violation that occurred not more than one year before the date the complaint is received by the department. The written signed statement shall also include:

(1) The signature and contact information for the complainant; and

(2) If alleging violations with respect to a specific child:

(a) The name and address of the residence of the child;

(b) The name of the early intervention service provider serving the child;

(d) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.

Source: 26 SDR 153, effective May 22, 2000; 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.

Rule 24:14:03:01.02 Remedies.

24:14:03:01.02. Remedies. In resolving a complaint in which it has found a failure to provide appropriate services, the department, pursuant to its general supervisory authority under Part C of the IDEA, shall address:

(1) The failure to provide appropriate services including corrective action appropriate to address the needs of the infant or toddler with a disability and the infant's or toddler's family who is the subject of the complaint. Such corrective action may include compensatory or monetary reimbursement; and

(2) Appropriate future provision of services for all infants and toddlers with disabilities and their families.

Source: 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.

Rule 24:14:03:02 Agencies subject to complaints.

24:14:03:02. Agencies subject to complaints. The department shall take complaints under this article that concern violations by:

(1) Any public agency in the state that receives funds under Part C;

(2) Other public agencies that are involved in the state's Part C program; or

(3) Private service providers that receive funds pursuant to this article under a contract from a public agency to carry out a given function or to provide a given service required under Part C.

The party filing the complaint shall forward a copy of the complaint to the public agency or nonpublic service provider serving the child at the same time the party files the complaint with the department.

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.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.

Rule 24:14:03:03 Repealed.

24:14:03:03. Filing of complaint. Repealed.

Source: 20 SDR 223, effective July 7, 1994; repealed, 35 SDR 82, effective October 22, 2008.

24:14:03:04. Procedures for resolving complaints. If a complaint is made against a public agency or nonpublic service provider, the complaint resolution procedure is as follows:

(1) The state director of the Part C program shall appoint a complaint investigator;

(2) The complainant shall have the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;

(3) The department, public agency, or nonpublic service provider shall have the opportunity to respond to the complaint, including at a minimum:

(a) At the discretion of the department, a proposal to resolve the complaint; and

(b) An opportunity for a parent who has filed a complaint and the department, public agency, or nonpublic service provider to voluntarily engage in mediation consistent with this article;

(4) The complaint investigator shall make a recommendation to the state director of the Part C program;

(5) After reviewing all relevant information, the state director of the Part C program shall make an independent determination as to whether the complaint is valid, what corrective action is necessary to resolve the complaint, and the time limit during which corrective action is to be completed. The state director of the Part C program shall submit a written report of the final decision to all parties involved;

(6) The written report shall address each allegation in the complaint, contain findings of fact and conclusions, and reasons for the final decision;

(7) If corrective action is not completed within the time limit set, including technical assistance and negotiations, the department shall withhold all federal funds applicable to the program until compliance with applicable federal and state statutes and rules is demonstrated by the public agency or nonpublic service provider; and

(8) Documentation supporting the corrective actions taken by the public agency or nonpublic service provider must be maintained by the department's Part C program and incorporated into the state's monitoring process.

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; 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.

Rule 24:14:03:05 Time limits.

24:14:03:05. Time limits. All complaints must be resolved within 60 days after receipt of the complaint by the state director of the Part C program except as stated in this section. The time limit of 60 days may be extended only under exceptional circumstances with reference to a particular complaint as determined by the state director of the Part C program, such as the need for additional time to provide necessary information. Under these circumstances, an extension of time may not exceed 30 days in any one instance.

In addition, the 60-day time limit may be extended, if the parent, individual, or organization and the department, a public agency, or a nonpublic service provider involved in the complaint agree to engage in mediation in order to attempt to resolve the issues specified in the complaint.

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.

Rule 24:14:03:06 Repealed.

24:14:03:06. Time limit extension.Repealed.

Source: 20 SDR 223, effective July 7, 1994; repealed, 26 SDR 153, effective May 22, 2000.

Rule 24:14:03:07 Repealed.

24:14:03:07. Appeal. Repealed.

Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:03:08 Information about complaint procedures.

24:14:03:08. Information about complaint procedures. The Part C program shall inform parents and other interested individuals, including parent training centers, protection and advocacy agencies, and other appropriate entities about the state's complaint procedures by taking the following actions:

(1) Conducting parent surveys through the state's monitoring process;

(2) Providing copies of the state's procedures to parent and advocacy groups across the state;

(3) Notifying public agencies and nonpublic service providers through statewide memoranda;

(4) Presenting state procedures at statewide conferences; and

(5) Disseminating copies to parent training centers and other appropriate entities.

Source: 26 SDR 153, effective May 22, 2000; 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.

Rule 24:14:03:09 Complaints and due process hearings.

24:14:03:09. Complaints and due process hearings. If a written complaint is received that is also the subject of a due process hearing under this article or contains multiple issues, of which one or more are part of that hearing, the department must set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in this chapter.

If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties, the hearing decision is binding on that issue and the department shall inform the complainant to that effect. A complaint alleging a public agency's or a nonpublic service provider's failure to implement a due process decision must be resolved by the department.

Source: 26 SDR153, 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.

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