Administrative Rule 24:14:08 | South Dakota Legislature

24:14:08:01. General requirements for early intervention services. Early intervention services are developmental services that meet the following requirements:

(1) Are designed to meet the developmental needs of each child eligible under this article and the needs of the family related to enhancing the child's development as identified by the individualized family service plan (IFSP) team in any one or more of the developmental areas listed in § 24:14:12:02;

(2) Are selected in collaboration with the parents;

(3) Are provided under public supervision by qualified personnel in conformity with an IFSP pursuant to chapter 24:14:13 at no cost to parents;

(4) Meet the service standards in this article; and

(5) To the maximum extent appropriate, are provided in the natural environment pursuant to § 24:14:08:02.

Source: 20 SDR 223, effective July 7, 1994; 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.

Rule 24:14:08:02 Natural environments.

24:14:08:02. Natural environments. To the maximum extent appropriate to the needs of the child, early intervention services must be provided in natural environments, including the home and community settings in which children without disabilities participate pursuant to § 24:14:13:04.01.

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

24:14:08:03. General role of service providers. To the extent applicable, service providers in each area of early intervention services are responsible for:

(1) Consulting with parents, other service providers, and representatives of community agencies to ensure the effective provision of services in that area;

(2) Training parents and others regarding the provision of those services;

(3) Participating in the multidisciplinary individualized family service plan (IFSP) team's ongoing assessment of an infant or toddler with a disability and a family-directed assessment of the resources, priorities, and concerns of the infant's or toddler's family, as related to the needs of the infant or toddler, in the development of integrated goals and outcomes for the IFSP; and

(4) Providing early intervention services in accordance with the IFSP of the infant or toddler with a disability.

Source: 20 SDR 223, effective July 7, 1994; 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.

24:14:08:04. Types of early intervention services. The types of services included under early intervention services are specified in §§ 24:14:08:05 to 24:14:08:20, inclusive, and are not exhaustive lists of the types of services that may constitute early intervention services. Nothing in this section prohibits the identification in an individualized family service plan of another type of service as an early intervention service if the service meets the criteria identified in § 24:14:08:01.

Source: 20 SDR 223, effective July 7, 1994; 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.

Rule 24:14:08:05 Audiology services.

24:14:08:05. Audiology services. Audiology services include the following:

(1) Identification of children with auditory impairment, using at-risk criteria and appropriate audiological screening techniques;

(2) Determination of the range, nature, and degree of hearing loss and communication functions by use of audiological evaluation procedures;

(3) Referral for medical and other services necessary for the habilitation or rehabilitation of an infant or toddler with a disability who has an auditory impairment;

(4) Provision of auditory training; aural rehabilitation; speech, reading and listening device orientation, and training; and other services;

(5) Provision of services for prevention of hearing loss; and

(6) Determination of the child's need for individual amplification, including selecting, fitting, and dispensing appropriate listening and vibrotactile devices and evaluating the effectiveness of those devices.

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.

Rule 24:14:08:06 Service coordination.

24:14:08:06. Service coordination. Service coordination includes assistance and services as described in chapter 24:14:09 and provided by a service coordinator to a child eligible under this article and to the child's family.

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.

Rule 24:14:08:07 Family training, counseling, and home visits.

24:14:08:07. Family training, counseling, and home visits. Family training, counseling, and home visits are services provided by social workers, psychologists, and other qualified personnel to assist the family of a child eligible under this article in understanding the special needs of the child and enhancing the child's development.

Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 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 24:14:08:08 Medical services for diagnosis or evaluation.

24:14:08:08. Medical services for diagnosis or evaluation. Medical services for diagnostic or evaluation purposes are services provided by a licensed physician to determine a child's developmental status and need for early intervention services.

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.

Rule 24:14:08:09 Nursing services.

24:14:08:09. Nursing services. Nursing services include the following:

(1) The assessment of health status for the purpose of providing nursing care, including the identification of patterns of human response to actual or potential health problems;

(2) Provision of nursing care to prevent health problems, restore or improve functioning, and promote optimal health and development; and

(3) Administration of medications, treatments, and regimens prescribed by a licensed physician.

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.

Rule 24:14:08:10 Nutrition services.

24:14:08:10. Nutrition services. Nutrition services include the following:

(1) Conducting individual assessments in the following:

(a) Nutritional history and dietary intake;

(b) Anthropometric, biochemical, and clinical variables;

(d) Food habits and food preferences;

(2) Developing and monitoring plans to address the nutritional needs of children eligible under this article, based on the findings resulting from individual assessment; and

(3) Making referrals to community resources to carry out nutrition goals.

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.

Rule 24:14:08:11 Occupational therapy.

24:14:08:11. Occupational therapy. Occupational therapy includes services to address the functional needs of a child related to adaptive development, adaptive behavior and play, and sensory, motor, and postural development. These services are designed to improve the child's functional ability to perform tasks in home, school, and community settings and include the following:

(1) Identification, assessment, and intervention;

(2) Adaptation of the environment and selection, design, and fabrication of assistive and orthotic devices to facilitate development and promote the acquisition of functional skills; and

(3) Prevention or minimization of the impact of initial or future impairment, delay in development, or loss of functional ability.

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.

Rule 24:14:08:12 Physical therapy.

24:14:08:12. Physical therapy. Physical therapy includes services to address the promotion of sensorimotor function through enhancement of musculoskeletal status, neurobehavioral organization, perceptual and motor development, cardiopulmonary status, and effective environmental adaptation, including the following:

(1) Screening, evaluation, and assessment of infants and toddlers to identify movement dysfunction;

(2) Obtaining, interpreting, and integrating information for program planning to prevent, alleviate, or compensate for movement dysfunction and related functional problems; and

(3) Providing individual and group services or treatment to prevent, alleviate, or compensate for movement dysfunction and related functional problems.

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.

Rule 24:14:08:13 Psychological services.

24:14:08:13. Psychological services. Psychological services include the following:

(1) Administering psychological and developmental tests and other assessment procedures;

(2) Interpreting assessment results;

(3) Obtaining, integrating, and interpreting information about child behavior and child and family conditions related to learning, mental health, and development; and

(4) Planning and managing a program of psychological services, including psychological counseling for children and parents, family counseling, consultation on child development, parent training, and education programs.

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.

Rule 24:14:08:13.01 Sign language and cued language services.

24:14:08:13.01. Sign language and cued language services. Sign language and cued language services include teaching sign language, cued language, and auditory/oral language; providing oral transliteration services, such as amplification; and providing sign and cued language interpretation.

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.

Rule 24:14:08:14 Social work services.

24:14:08:14. Social work services. Social work services include the following:

(1) Making home visits to evaluate a child's living conditions and patterns of parent-child interaction;

(2) Preparing a social or emotional developmental assessment of the child within the family context;

(3) Providing individual and family-group counseling with parents and other family members and providing activities with the child and parents to build social skills;

(4) Working with those problems in a child's and family's living situation that affect the child's maximum utilization of early intervention services in the home, community, and any center where early intervention services are provided; and

(5) Identifying, mobilizing, and coordinating community resources and services to enable the child and the family to receive maximum benefit from early intervention services.

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.

Rule 24:14:08:15 Special instruction.

24:14:08:15. Special instruction. Special instruction includes the following:

(1) The design of learning environments and activities that promote the child's acquisition of skills in a variety of developmental areas, including cognitive processes and social interaction;

(2) The planning of curriculum, including the planned interaction of personnel, materials, and time and space, that leads to achieving the outcomes in the child's individualized family service plan;

(3) Providing families with information, skills, and support related to enhancing the skill development of the child; and

(4) Working with the infant or toddler with a disability to enhance the child's development.

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.

Rule 24:14:08:16 Speech-language pathology.

24:14:08:16. Speech-language pathology. Speech-language pathology services include the following:

(1) Identification of a child with communication or language disorders and delays in development of communication skills, including the diagnosis and appraisal of specific disorders and delays in those skills;

(2) Referral for medical or other professional services necessary for the habilitation or rehabilitation of children with communication or language disorders and delays in development of communication skills; and

(3) Provision of services for the habilitation, rehabilitation, or prevention of communication or language disorders and delays in development of communication skills.

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.

Rule 24:14:08:17 Transportation and related costs.

24:14:08:17. Transportation and related costs. Transportation and related costs include the cost of travel and other costs that are necessary to enable a child eligible under this article and the child's family to receive early intervention services.

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.

Rule 24:14:08:18 Vision services.

24:14:08:18. Vision services. Vision services include the evaluation and assessment of visual functioning, including the diagnosis and appraisal of specific visual disorders, delays, and abilities that affect early childhood development; referral for medical or other professional services necessary for the habilitation or rehabilitation of visual functioning disorders, or both; and communication skills training, orientation and mobility training for all environments, visual training, and additional training necessary to activate visual motor abilities.

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.

Rule 24:14:08:19 Assistive technology devices and services.

24:14:08:19. Assistive technology devices and services. An assistive technology device, notwithstanding §§ 24:05:27:18 and 24:05:27:19, is any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted, including cochlear implants, or the optimization (e.g., mapping) or the maintenance or replacement of that device.

Assistive technology services directly assist a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology services include the evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child's customary environment; purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices; coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; training or technical assistance for a child with disabilities or, if appropriate, that child's family; and training or technical assistance for professionals, including individuals providing education or rehabilitation services, or other individuals who provide services to or are otherwise substantially involved in the major life functions of individuals with disabilities.

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.

Rule 24:14:08:20 Health services.

24:14:08:20. Health services. As used in this article, the term, health services, means services necessary to enable an otherwise eligible child to benefit from the other early intervention services under this article during the time that the child is eligible to receive early intervention services.

The term includes such services as clean intermittent catheterization, tracheotomy care, tube feeding, the changing of dressings or colostomy collection bags, and other health services and consultation by physicians with other service providers concerning the special health care needs of eligible children that will need to be addressed in the course of providing other early intervention services.

The term does not include services that are surgical in nature, such as cleft palate surgery, surgery for club foot, or the shunting of hydrocephalus, or purely medical in nature, such as hospitalization for management of congenital heart ailments, or the prescribing of medicine or drugs for any purpose, or related to the implementation, optimization, for example, mapping, maintenance, or replacement of a medical device that is surgically implanted, including a cochlear implant.

Nothing in this article limits the right of an infant or toddler with a disability with a surgically implanted device, for example, cochlear implant, to receive the early intervention services that are identified in the child's IFSP as being needed to meet the child's developmental outcomes.

Nothing in this article prevents the contractor from routinely checking that either the hearing aid or the external components of a surgically implanted device, for example, cochlear implant, of an infant or toddler with a disability are functioning properly.

The term, health services, also does not include devices, such as heart monitors, respirators and oxygen, and gastrointestinal feeding tubes and pumps, necessary to control or treat a medical condition; and medical-health services, such as immunization and regular "well-baby" care, that are routinely recommended for all children.

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

24:14:08:21. Other services. The individualized family service plan, to the extent appropriate, must:

(1) Identify medical and other services that the child or family needs or is receiving through other sources, but that are neither required nor funded under this article; and

(2) If the child or family is not receiving those services, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services.

Source: 20 SDR 223, effective July 7, 1994; 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.

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