Table A -- Part C (South Dakota)

Issues Identified in the State Performance Plan

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| **SPP Indicator**   | **Issue**             | **Required Action**   |
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| **Indicator 1:**    | Noncompliance -- The  | The State must ensure |
|                     | State reported an 89% | that this             |
| Percent of infants  | level of compliance   | noncompliance is      |
| and toddlers with   | for Indicator 1 in    | corrected within one  |
| IFSPs who receive   | the SPP, specifically | year of its           |
| the early           | the requirements at   | identification and    |
| intervention        | 34 CFR §§303.340(c),  | include data in the   |
| services on their   | 303.342(e) and        | APR, due February 1,  |
| IFSPs in a timely   | 303.344(f)(1) (SPP,   | 2007, that            |
| manner.             | page 2).              | demonstrate           |
|                     |                       | compliance with this  |
| (20 USC             |                       | requirement. The      |
| 1416(a)(3)(A) and   |                       | State should review   |
| 1442)               |                       | and, if necessary,    |
|                     |                       | revise its            |
|                     |                       | improvement           |
|                     |                       | strategies included   |
|                     |                       | in the SPP to ensure  |
|                     |                       | they will enable the  |
|                     |                       | State to include data |
|                     |                       | in the APR, that      |
|                     |                       | demonstrate full      |
|                     |                       | compliance with this  |
|                     |                       | requirement.  Failure |
|                     |                       | to demonstrate        |
|                     |                       | compliance at that    |
|                     |                       | time may affect       |
|                     |                       | OSEP's determination  |
|                     |                       | of the State's status |
|                     |                       | under Section 616(d)  |
|                     |                       | of the IDEA.          |
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| **Indicator 11:**   | Other -- The State    | The State must submit |
|                     | included a            | as part of its FFY    |
| Percent of fully    | description of its    | 2006 Part C grant     |
| adjudicated due     | mediation and due     | application, or by    |
| process hearing     | process hearing       | June 1, 2006, a       |
| requests that were  | procedures that the   | written assurance     |
| fully adjudicated   | State has adopted     | confirming that it    |
| within the          | under 34 CFR          | has either: (1)       |
| applicable          | §303.420(a) for Part  | revised its due       |
| timeline.           | C. OSEP identified    | process and mediation |
|                     | two issues that need  | procedures prior to   |
| (20 U.S.C.          | revision \-- the      | June 1, 2006 to (a)   |
| 1416(a)(3)(B) and   | State must: (1)       | revise the term       |
| 1442)               | revise the term       | "developmentally      |
|                     | "developmentally      | educational benefit"  |
|                     | educational benefit"  | to be "developmental  |
|                     | to be "developmental  | benefit" on p. 44     |
|                     | benefit" on p. 44     | consistent with       |
|                     | consistent with       | Section 632; and (b)  |
|                     | Section 632; and (2)  | delete the term "and" |
|                     | delete the term "and" | and replace it with   |
|                     | and replace it with   | "or" on p. 47, last   |
|                     | "or" on p. 47, last   | sentence of first     |
|                     | sentence of first     | paragraph to make     |
|                     | paragraph, to make    | clear that parties    |
|                     | clear that parties    | that agree to waive   |
|                     | that agree to waive   | dispute resolution    |
|                     | dispute resolution    | are not required to   |
|                     | are not required to   | go to mediation as    |
|                     | go to mediation (as   | specified in the      |
|                     | mediation is          | issue column          |
|                     | voluntary) under      | consistent with       |
|                     | Sections 615(e) and   | Sections 615 and      |
|                     | 639(a)(8). In         | 639(a)(8), or         |
|                     | addition, if the      |                       |
|                     | State has included    | \(2\) will revise by  |
|                     | its full policies     | June 30, 2007 its due |
|                     | regarding mediation   | process and mediation |
|                     | in the SPP at pages   | procedures to be      |
|                     | 42 through 47, it     | consistent with       |
|                     | must add the          | Sections 632,         |
|                     | provisions at         | 639(a)(8) and 615 of  |
|                     | Sections 639(a)(8)    | IDEA.                 |
|                     | and 615(e) that       |                       |
|                     | mediation is          |                       |
|                     | confidential.         |                       |
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| **Indicator 13:**   | The State reported    | If the State is       |
|                     | that it did not       | required to establish |
| Percent of          | establish a target    | a target in a future  |
| mediations held     | for this Indicator    | APR because it meets  |
| that resulted in    | because the number of | the threshold of ten  |
| mediation           | due process hearing   | or more mediation     |
| agreements.         | requests was less     | requests, the State   |
|                     | than ten. However,    | must submit the       |
| (20 U.S.C.          | because mediation     | revised target as     |
| 1416(a)(3)(B) and   | must be available to  | well as activities to |
| 1442)               | parents at any time   | reach that target in  |
|                     | (even if a due        | that APR. Note that   |
|                     | process hearing       | the consensus among   |
|                     | request is filed)     | mediation             |
|                     | under the IDEA 2004   | practitioners is that |
|                     | amendments at         | 75-85% is a           |
|                     | Sections 615 and      | reasonable rate of    |
|                     | 639(a)(8), the        | mediations that       |
|                     | relevant data for     | result in agreements  |
|                     | establishing targets  | and is consistent     |
|                     | for this Indicator is | with national         |
|                     | the number of         | mediation success     |
|                     | mediations requested. | rate data.            |
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