CHAPTER 24:14:13

INDIVIDUALIZED FAMILY SERVICE PLAN

Section

24:14:13:01        Individualized family service plan requirements.

24:14:13:02        Department's responsibility.

24:14:13:03        Development, review, and evaluation of individualized family service plan.

24:14:13:03.01   Definitions.

24:14:13:04        Content of individualized family service plan.

24:14:13:04.01   Natural environment.

24:14:13:05        Transition from Part C program.

24:14:13:05.01   Transition -- Intra-agency agreement.

24:14:13:06        Participation in individualized family service plan meetings and periodic reviews.

24:14:13:07        Provision of services before completion of evaluation and assessment.

24:14:13:08        Responsibility and accountability for individualized family service plan.

    24:14:13:02.  Department's responsibility. The department shall monitor agencies, institutions, and organizations used by the state to develop and implement individualized family service plans (IFSPs).

    The department shall resolve any dispute between agencies over the responsibility of developing or implementing an IFSP.

    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; 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.

    24:14:13:03.  Development, review, and evaluation of individualized family service plan. An individualized family service plan (IFSP) must be developed, reviewed, and evaluated as follows:

    (1)  For a child who has been referred to the Part C program and determined to be eligible, a meeting to develop the initial IFSP must be conducted within 45 days after receipt of referral pursuant to chapter 24:14:11;

    (2)  A review of the IFSP must be conducted every six months or more frequently if conditions warrant or if the family requests such a review. The purpose of the periodic review is to determine the degree to which progress toward achieving the results or outcomes identified in the IFSP and whether modification or revision of the results, outcomes, or early intervention services identified in the IFSP is necessary;

    (3)  The review may be carried out by a meeting or by another means that is acceptable to the parents and other participants;

    (4)  A meeting must be conducted at least annually to evaluate the IFSP for a child and the child's family and, if necessary, to revise its provisions. The results of any current evaluations conducted under this article and other information available from the ongoing assessment of the child and family must be used in determining what early intervention services are needed and will be provided;

    (5)  IFSP meetings must be conducted in settings and at times that are convenient to families and in the native language of the family or other mode of communication used by the family, unless it is clearly not feasible to do so;

    (6)  Meeting arrangements must be made with, and written notice provided to, the family and other participants at least five days before the meeting date to ensure that they are able to attend; and

    (7)  The service coordinator shall explain the contents of the IFSP to the parents and obtain informed written consent from the parents before providing early intervention services described in the plan. If the parents do not consent to a particular early intervention service or withdraw consent given previously, that service may not be provided. The early intervention services to which parental consent is obtained must be provided as soon as possible.

    Source: 20 SDR 223, effective July 7, 1994; 23 SDR 179, effective April 29, 1997; 39 SDR 109, effective December 17, 2012; 40 SDR 40, effective September 11, 2013; 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.

    24:14:13:03.01.  Definitions. Terms used in this chapter mean:

    (1)  "Frequency and intensity," the number of days or sessions that a service is provided, and whether the service is provided on an individual or group basis;

    (2)  "Method," how a service is provided;

    (3)  "Length," the time the service is provided during each session of that service;

    (4)  "Duration," a projection for when a given service will no longer be provided; and

    (5)  "Location," the actual place or places where a service is provided.

    Source: 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.

    24:14:13:04.  Content of individualized family service plan. The individualized family service plan (IFSP) must contain:

    (1)  A statement of the child's present levels of:

        (a)  Physical development, including vision, hearing, and health status;

        (b)  Cognitive development;

        (c)  Communication development;

        (d)  Social or emotional development; and

        (e)  Adaptive skills;

    (2)  With the concurrence of the family, a statement of the family's resources, priorities, and concerns related to enhancing the development of the child as identified through the assessment of the family;

    (3)  A statement of the measurable results or measureable outcomes expected to be achieved for the child and family, including preliteracy and language skills, as developmentally appropriate for the child, the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes identified in the IFSP, and whether modifications or revisions of the expected results or outcomes or early intervention services identified in the plan are necessary;

    (4)  A statement of the specific early intervention services based on peer-reviewed research, to the extent practicable, necessary to meet the unique needs of the child and the family to achieve the results or outcomes, including the

        (a)  Length;

        (b)  Duration;

        (c)  Frequency and intensity;

        (d)  Natural environment in which each early intervention services will be provided, to the maximum extent appropriate consistent with this article, and a justification of the extent, if any, to which the early intervention services will not be provided in a natural environment;

        (e)  Location;

        (f)  Method of delivering the early intervention service; and

        (g)  Any payment arrangements;

    (5)  To the extent appropriate, the IFSP also must:

        (a)  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 Part C; and

        (b)  If those services are not currently being provided, a description of the steps the service coordinator or family may take to assist the child and family in securing those other services;

    (6)  The projected dates for initiation of each early intervention service and the anticipated duration of each service. The date must be as soon as possible after the parent consents to the service, as required in this article;

    (7)  The name of the service coordinator from the profession most relevant to the child's or family's needs or who is otherwise qualified to carry out all applicable responsibilities under Part C, is responsible for the implementation of the early intervention services identified in the child's IFSP, and is responsible for coordination with other agencies and persons, including transition services. A different service coordinator may be appointed at any time; and

    (8)  The steps and services to be taken to support the transition of the child to preschool or other appropriate services or to exit from the Part C program pursuant to §§ 24:14:13:05 and 24:14:13:05.01.

    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.

    24:14:13:05.  Transition from Part C program. An individualized family service plan (IFSP) team shall ensure the transition of a child participating in the Part C program under this article who is eligible for participation in preschool programs under Part B. This requirement includes the transition of a child to other appropriate services if the child will not be receiving preschool services, to the extent those services are appropriate, under Part B. The IFSP must include the following steps and services to support the transition of the child pursuant to § 24:14:13:05.01:

    (1)  Describe how the child's family will be included in the transitional plans;

    (2)  Discuss with and train the child's parents, as appropriate, regarding future placements, and other matters relating to the child's transition;

    (3)  Notify the appropriate local education agency in which the child resides that the child will shortly reach the age of eligibility for preschool services under Part B, as determined in accordance with state law, and of the need for transitional planning;

    (4)  With the approval of the family, convene a conference between the child's IFSP team, family, and local educational agency at least 90 days and at the discretion of the parties, and not more than nine months before the child is eligible for the preschool program under Part B, in accordance with state law. In the case of a child who may not be eligible for preschool services under Part B, service coordinators, with the approval of the family, make reasonable efforts to convene a conference among the child's IFPS team, the family, and providers of other appropriate services for children who are not eligible for preschool services under Part B, to discuss the appropriate services that the child may receive;

    (5)  Review the child's program options for the period beginning on the day the child turns three and through the remainder of the school year; and

    (6)  Prepare the child for changes in service delivery, including steps to help the child adjust to, and function in, a new setting.

    The local education agency must provide the family with information on the eligibility and evaluation requirements under Part B, including the parent's and education agency's rights regarding procedural safeguards. Information may be transmitted upon consent of the parent or guardian.

    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.

    Cross-Reference: Transition to preschool program, § 24:05:27:21.

    24:14:13:06.  Participation in individualized family service plan meetings and periodic reviews. The initial meeting and each annual meeting to evaluate the individualized family service plan (IFSP) must include the following participants:

    (1)  The parent or parents of the child;

    (2)  Other family members, as requested by the parent, if feasible;

    (3)  An advocate or person outside the family as requested by the parent;

    (4)  The service coordinator who has been designated by the contractor to be responsible for implementation of the IFSP;

    (5)  A person or persons directly involved in conducting evaluations and assessments;

    (6)  As appropriate, the person or persons who will be providing early intervention services to the child or family;

    (7)  A local education agency (LEA) representative at the initial eligibility determination; and

    (8)  An LEA representative if the child is in need of prolonged assistance.

    If a person listed in subdivision (5) of this section is unable to attend a meeting, the person shall participate by other means, by having a knowledgeable, authorized representative attend the meeting, or by making pertinent records available for the meeting.

    Each periodic review must provide for the participation of the persons listed in subdivisions (1) to (4), inclusive, of this section. If conditions warrant, provisions must be made for the participation of other representatives identified in this section.

    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; 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.

    24:14:13:07.  Provision of services before completion of evaluation and assessment. Early intervention services for an eligible child and the child's family may begin before the completion of the evaluation and assessment under the following circumstances:

    (1)  Parental consent is obtained;

    (2)  An interim individualized family service plan (IFSP) is developed that includes the name of the service coordinator responsible for implementation of the interim IFSP pursuant to § 24:14:13:03 and coordination with other agencies and persons;

    (3)  The services are needed immediately by the child and the child's family; and

    (4)  The evaluation and assessment are completed within the time required pursuant to chapter 24:14:11.

    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.

    24:14:13:08.  Responsibility and accountability for individualized family service plan. Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes in the child's individualized family service plan (IFSP). Part C does not require that any agency or person be held accountable if an eligible child does not achieve the growth projected in the child's IFSP.

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