24:14:03:01. Resolution of complaints.Repealed.
Source: 20 SDR 223, effective July 7, 1994; repealed, 26 SDR 153, effective May 22, 2000.
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;
(c) A description of
the nature of the problem of the child, including facts related to the problem;
and
(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.
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.
