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.
