reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:01.02 - Conditions

Current through Register Vol. 51, page 10, July 15, 2024
For every child under the age of three who is referred to the Part C program or screened in accordance with this chapter, the department is not required to:
(1) Provide an evaluation of the child unless the child is suspected of having a disability or the parent requests an evaluation; or
(2) Make early intervention services available under Part C to the child unless a determination is made that the child meets the state's definition of infant or toddler with a disability under this article.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:01.03 - Screening procedures - Parental notice and consent

Current through Register Vol. 51, page 10, July 15, 2024
The department, consistent with the requirements in this chapter, shall screen children under the age of three who have been referred to the Part C program to determine whether they are suspected of having a disability under Part C.
If the department or early intervention service provider proposes to screen a child, it must:
(1) Provide the parent notice under this article of its intent to screen the child to identify whether the child is suspected of having a disability and include in that notice a description of the parent's right to request an evaluation at any time during the screening process; and
(2) Obtain parental consent as required in this article before conducting the screening procedures.
If the parent consents to the screening and the screening or other available information indicates that the child is suspected of having a disability, after notice is provided, and once parental consent is obtained, an evaluation and assessment of the child must be conducted. If the parent consents to the screening and the screening or other available information indicates that the child is not suspected of having a disability, the department or early intervention service provider shall ensure that notice of that determination is provided to the parent, and that the notice describes the parent's right to request an evaluation.
If the parent of the child requests and consents to an evaluation at any time during the screening process, evaluation of the child must be conducted, even if the department or early intervention service provider has determined that the child is not suspected of having a disability.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:02 - Settings for screenings

Current through Register Vol. 51, page 10, July 15, 2024
Screenings may be performed by a variety of qualified personnel in various settings, including:
(1) Child development clinics;
(2) Public health department clinics;
(3) Public school divisions;
(4) Infant programs;
(5) Specialty clinics;
(6) Physicians' clinics;
(7) Other professional agencies; and
(8) Private contracting agencies.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:04 - Areas to be screened - Screening instruments

Current through Register Vol. 51, page 10, July 15, 2024
The following areas may be screened:
(1) Cognitive development;
(2) Physical development, including fine motor, vision and hearing;
(3) Communication development including receptive and expressive;
(4) Social or emotional development; and
(5) Adaptive development.
Screening instruments must be culturally sensitive and administered in the native language or mode of communication of the family unless it is clearly not feasible to do so.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:04.01 - Post-referral timeline

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									24:14:11:04.02, any screening, initial evaluation, initial assessments of the child and family, and the initial IFSP meeting must be completed within 45 days from the date the department or early intervention service provider receives the referral of the child.
The initial family assessment must be conducted within the 45-day timeline if the parent concurs and even if other family members are unavailable.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:04.02 - Post-referral timeline - Exceptions

Current through Register Vol. 51, page 10, July 15, 2024
Subject to §
									24:14:11:04.03, the 45-day timeline does not apply for any period when:
(1) The child or parent is unavailable to complete the screening, if applicable, the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's intervention records; or
(2) The parent has not provided consent for the screening, if applicable, the initial evaluation, or the initial assessment of the child, despite documented, repeated attempts by the department or early intervention service provider to obtain parental consent.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:04.03 - Post-referral timeline - Documentation

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure, that if the circumstances described in §
									24:14:11:04.02 exist, the department or early intervention service provider must:
(1) Document in the child's early intervention records the exceptional family circumstances or repeated attempts to obtain parental consent;
(2) Complete the screening, if applicable, the initial evaluation, the initial assessments of the child and family, and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described in § 24:24:11:04.02 no longer exist or parental consent is obtained for the screening, if applicable, the initial evaluation, and the initial assessment of the child; and
(3) Develop and implement an interim IFSP, to the extent appropriate and pursuant to chapter 24:14:13.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:07 - Primary referral sources

Current through Register Vol. 51, page 10, July 15, 2024
The child find system includes procedures for use by primary referral sources for referring a child under the age of three to the early intervention program.
The procedures must provide for making referrals by primary referral sources and document that referrals are made, as soon as possible, but no more than seven days after a child has been identified.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:11 - Screening and referral › Section 24:14:11:09 - Referral of specific at-risk infants and toddlers

Current through Register Vol. 51, page 10, July 15, 2024
The procedures required in §
									24:14:11:07  must provide for requiring the referral of a child under the age of three who:
(1) Is the subject of a substantiated case of child abuse or neglect; or
(2) Is identified as directly affected by illegal substance abuse or withdrawal symptoms resulting from prenatal substance exposure.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:01.01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Assessment," the ongoing procedures used by qualified personnel to identify the child's unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child's eligibility under Part C and includes the assessment of the child and the child's family, pursuant with this chapter;
(2) "Initial assessment," the assessment of the child and the family conducted before the child's first IFSP meeting;
(3) "Evaluation," the procedures used by qualified personnel to determine a child's initial and continuing eligibility under Part C, consistent with the state's criteria of an eligible child; and
(4) "Initial evaluation," the child's evaluation to determine his or her initial eligibility under this Part C.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:02 - Evaluation and assessment of individual child

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure that, subject to obtaining parental consent, each child under the age of three who is referred for evaluation or early intervention services under Part C and suspected of having a disability, receives timely, comprehensive, multidisciplinary evaluation of the child in accordance with this chapter unless eligibility is established under § 24:14:12:02.02. If the child is determined eligible, the child shall receive multidisciplinary assessment of the unique strengths and needs of that child and the identification of services appropriate to meet those needs and family-directed assessment of the resources, priorities, and concerns of the family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of that infant or toddler. The assessments of the child and family may occur simultaneously with the evaluation, if the requirements of this chapter are met.
A service coordinator shall arrange for the evaluation of each birth through two years of age child referred for evaluation. The process shall be conducted by qualified personnel, be based on informed clinical opinion, and include a review of health records.
An evaluation of the child's level of functioning shall be conducted in each of the following developmental areas:
(1) Cognitive development;
(2) Physical development including fine motor, gross motor, vision and hearing;
(3) Communication development including receptive and expressive;
(4) Social or emotional development; and
(5) Adaptive development.
An assessment shall be made of the unique needs of the child in terms of each of the developmental areas listed in this section, including the identification of services appropriate to meet those needs, a review of the results of the evaluation conducted under this chapter, and personal observation of the child.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:02.01 - Procedures for evaluation of child

Current through Register Vol. 51, page 10, July 15, 2024
Procedures for evaluating the child must include:
(1) Administering two or more evaluation instruments;
(2) Taking the child's history, including interviewing the parent;
(3) Identifying the child's level of functioning in each of the developmental areas in §
									24:14:12:02;
(4) Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child's unique strengths and needs; and
(5) Reviewing medical, educational, or other records.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:02.02 - Use of records to determine eligibility

Current through Register Vol. 51, page 10, July 15, 2024
A child's medical and other records may be used to establish eligibility, without conducting an evaluation of the child, under Part C if those records indicate that the child's level of functioning in one or more of the developmental areas identified in §
									24:14:12:02  constitutes a developmental delay or that the child otherwise meets the state's criteria for eligibility under this article. If the child's Part C eligibility is established under this section, the department or early intervention service provider shall conduct assessments of the child and family in accordance with this chapter.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:02.03 - Informed clinical opinion

Current through Register Vol. 51, page 10, July 15, 2024
Qualified personnel shall use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, the department shall ensure that informed clinical opinion may be used as an independent basis to establish a child's eligibility under Part C even when other instruments do not establish eligibility. However, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under this section.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:03 - Family-directed assessment of needs

Current through Register Vol. 51, page 10, July 15, 2024
A family-directed assessment must be completed to appropriately determine the child's and family's needs. Family-directed assessment must be carried out by qualified personnel to use state approved, evidence-based practices and is designed to determine the resources, priorities, and concerns of an individual family and the identification of the supports and services necessary to enhance the family's capacity to meet the developmental needs of the child.
Any assessment that is conducted must be voluntary on the part of each family member participating in the assessment. If an assessment of the family is carried out, the assessment must be conducted by qualified personnel trained to use state approved methods and procedures, be based on information obtained through an assessment tool and through an interview with those family members who elect to participate in the assessment.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:04 - Nondiscrimination

Current through Register Vol. 51, page 10, July 15, 2024
The evaluation and assessment of children and families under this article must meet the following requirements for nondiscrimination:
(1) Tests and other evaluation and assessment materials and procedures must be administered in the native language of the parents and the other family members being assessed pursuant to §
									24:14:01:01(13), unless it is clearly not feasible to do so;
(2) Any assessment and evaluation procedures and materials that are used must be selected and administered so as not to be racially or culturally biased;
(3) No single procedure may be used as the sole criteria for determining a child's eligibility under this article;
(4) Evaluations and assessments must be conducted by qualified personnel; and
(5) Tests must be selected and administered so as best to ensure that a test administered to a child with impaired sensory, manual, or speaking skills accurately reflects the child's aptitude or the achievement level of whatever factors the test purports to measure rather than reflecting the child's impaired sensory, manual, or speaking skills.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:12 - Evaluation and assessment › Section 24:14:12:04.01 - Determination child not eligible

Current through Register Vol. 51, page 10, July 15, 2024
If, based on the evaluation conducted under this chapter, the department determines that a child is not eligible under this article, the department shall provide the parent with prior written notice, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms, such as requesting a due process hearing or mediation or filing a state complaint.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:01 - Individualized family service plan requirements

Current through Register Vol. 51, page 10, July 15, 2024
Individualized family service plans must meet the following requirements:
(1) Be developed jointly by the family and qualified personnel involved in the provision of early intervention services;
(2) Be based on the multidisciplinary evaluation and assessment of the child and the assessment of the child's family;
(3) Include services necessary to enhance the development of the child and the capacity of the family to meet the special needs of the child;
(4) Be implemented as soon as possible once parental consent for early intervention services is obtained; and
(5) Be developed in accordance with the procedures in this chapter.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:02 - Department's responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor agencies, institutions, and organizations used by the state to carry out this article on the development and implementation of IFSP for eligible children. If there is a dispute between agencies as to who has responsibility for developing or implementing an IFSP, the department shall resolve the dispute.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:03 - Development, review, and evaluation of IFSP

Current through Register Vol. 51, page 10, July 15, 2024
IFSPs 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 for a child and the child's family 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 IFSP is being made 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 will be able to attend; and
(7) The service coordinator shall fully 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.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:03.01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Frequency and intensity," the number of days or sessions that a service will be 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, such as an hour or other specified time period;
(4) "Duration," projecting when a given service will no longer be provided, such as when the child is expected to achieve the results or outcomes in the child's IFSP; and
(5) "Location," the actual place or places where a service will be provided.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:04 - Content of IFSP

Current through Register Vol. 51, page 10, July 15, 2024
The IFSP must contain the following:
(1) A statement of the child's present levels of physical development, including vision, hearing, and health status; cognitive development; communication development; social or emotional development; and adaptive skills, based on multidisciplinary evaluation and assessment data;
(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 measurable outcomes expected to be achieved for the child and family, including preliteracy and language skills, as developmentally appropriate for the child, and the criteria, procedures, and timelines used to determine the degree to which progress toward achieving the results or outcomes identified in the IFSP is being made 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 length; duration; frequency; intensity; natural environments 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; location; method of delivering the early intervention service; and 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, include a description of the steps the service coordinator or family may take to assist the child and family in securing those other services;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:04.01 - Natural environment

Current through Register Vol. 51, page 10, July 15, 2024
To the maximum extent appropriate, early intervention services are provided in natural environments. The provision of early intervention services for an infant or toddler may occur in a setting other than a natural environment only if early intervention cannot be achieved satisfactorily for the infant or toddler in a natural environment and only in a setting that is most appropriate, as determined by the parent and IFSP team.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:05 - Transition from Part C program

Current through Register Vol. 51, page 10, July 15, 2024
The IFSP team shall ensure the transition of children participating in the Part C program under this article who are eligible for participation in preschool programs under Part B of IDEA. This requirement includes the transition of children to other appropriate services if they will not be receiving preschool services, to the extent those services are appropriate, under Part B of IDEA. 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 families will be included in the transitional plans;
(2) Discuss with and train 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 of IDEA, as determined in accordance with state law, of the need for transitional planning;
(4) With the approval of the family, convene a conference between the 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 of IDEA, in accordance with state law. In the case of a child who may not be eligible for preschool services under Part B of IDEA, with the approval of the family, make reasonable efforts to convene a conference among the IFPS team, the family, and providers of other appropriate services for children who are not eligible for preschool services under Part B of IDEA, 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 running 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 (LEA) must provide the family with information on the eligibility and evaluation requirements under Part B of IDEA, including the parent's and district's rights regarding procedural safeguards. Information may be transmitted upon consent of the parent or guardian.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
Transition to preschool program, §
											24:05:27:21.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:05.01 - Transition - Intra-agency agreement

Current through Register Vol. 51, page 10, July 15, 2024
The department shall develop and implement an intraagency agreement between the state special education program and Part C program that includes the following:
(1) Notification procedures to the state special education department and appropriate school district;
(2) Transition conference to discuss services and meeting to develop transition plans; and
(3) Applicability of transition requirements under Part C and Part B pursuant to this article and article 24:05.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:06 - Participation in IFSP meetings and periodic reviews

Current through Register Vol. 51, page 10, July 15, 2024
The initial meeting and each annual meeting to evaluate the 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, if the parent requests that the person participate;
(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 LEA representative at the initial eligibility determination; and
(8) A 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 state approved 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.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:07 - Provision of services before completion of evaluation and assessment

Current through Register Vol. 51, page 10, July 15, 2024
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 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.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:13 - Individualized family service plan › Section 24:14:13:08 - Responsibility and accountability for IFSP

Current through Register Vol. 51, page 10, July 15, 2024
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 IFSP. However, Part C of the IDEA 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.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:01.01 - Consent

Current through Register Vol. 51, page 10, July 15, 2024
Consent means that:
(1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language as defined in §
									24:14:01:01(13).
(2) The parent understands and agrees in writing to the carrying out of the activity for which consent is sought, and the consent form describes that activity and lists any records that will be released and to whom they will be released;
(3) The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at any time; and
(4) If a parent revokes consent, that revocation is not retroactive. It does not apply to an action that has occurred before the consent was revoked.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:02 - Opportunity to examine records

Current through Register Vol. 51, page 10, July 15, 2024
The parents of a child, who is referred to or receives services under this article, must be afforded the opportunity to inspect and review all Part C records about the child and the child's family that are collected, maintained, or used under Part C including records relating to screening, evaluations and assessments, eligibility determinations, development and implementation of IFSP, provision of early intervention services, individual complaints dealing with the child, or any part of the child's early intervention record under Part C.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:03 - Prior written notice

Current through Register Vol. 51, page 10, July 15, 2024
Prior written notice must be provided to the parents five days before a public agency or service provider proposes or refuses to initiate or change the identification, evaluation, or placement of their child or the provision of appropriate early intervention services to the child and the child's family. The notice must be in sufficient detail to inform the parents of the action that is being proposed or refused, the reasons for taking the action, and all procedural safeguards that are available under this article, including a description of mediation, how to file a state complaint, a due process complaint, and any timelines under those procedures.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:04 - Native language

Current through Register Vol. 51, page 10, July 15, 2024
Prior written notice must be given to the parents in written language understandable to the general public and provided in the native language of the parents, as defined in §
									24:14:01:01(13), or other mode of communication used by the parents, unless it is clearly not feasible to do so. If the native language or other mode of communication of the parent is not a written language, the service coordinator shall take steps to ensure the following:
(1) Notice is translated orally or by other means to the parent in the parent's native language or other mode of communication;
(2) The parent understands the notice; and
(3) There is written evidence that the requirements of this section have been met.
If a parent is deaf or blind or has no written language, then the mode of communication must be that normally used by the parent, including sign language, braille, or oral communication.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:05 - Parental consent

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure parental consent is obtained before:
(1) Administering screening procedures that are used to determine whether a child is suspected of having a disability;
(2) All evaluations and assessments of a child;
(3) Early intervention services are provided to the child under Part C;
(4) Public benefits or insurance or private insurance is used; and
(5) Disclosure of personally identifiable information.
If a parent does not give consent under (1), (2), or (3) above, the department shall make reasonable efforts to ensure that the parent is fully aware of the nature of the evaluation and assessment of the child or early intervention services that would be available; and understands that the child will not be able to receive the evaluation, assessment, or early intervention service unless consent is given. The department may not use the due process hearing procedures under Part C or Part B of the IDEA to challenge a parent's refusal to provide any consent that is required under this section.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:06 - Parents' right to decline service

Current through Register Vol. 51, page 10, July 15, 2024
The parents of an eligible child may determine whether they, their child, or other family members will accept or decline any early intervention service under this article at any time and may decline such a service after first accepting it without jeopardizing other early intervention services under this article.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:07 - Surrogate parent

Current through Register Vol. 51, page 10, July 15, 2024
The rights of a child must be protected by a surrogate parent if no parent can be identified and the contractor, after reasonable effort, cannot locate a parent or if the child is a ward of the state.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
Surrogate parent defined, SDCL  13-37-2.1; Surrogate parent acting in place of parent, SDCL  13-37-27.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:09 - Assigning a surrogate parent

Current through Register Vol. 51, page 10, July 15, 2024
The service coordinator in conjunction with the local education agency as appropriate shall identify individuals at the agency and service provider level who may be appointed as surrogate parents. The surrogate must have no interests that conflict with the interests of the child the surrogate represents and have knowledge and skills that ensure adequate representation of the child. The service coordinator in conjunction with the local education agency is responsible for the training and certification of surrogate parents.
In implementing the provisions under this section for children who are wards of the state or placed in foster care, the department shall consult with the public agency that has been assigned care of the child.
In the case of a child who is a ward of the state, the surrogate parent, instead of being appointed by the department, may be appointed by the judge overseeing the infant or toddler's case if the surrogate parent meets the requirements in this section.
The department shall make reasonable efforts to ensure the assignment of a surrogate parent not more than 30 days after a public agency determines that the child needs a surrogate parent.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:10 - Surrogate not to be employee of agency

Current through Register Vol. 51, page 10, July 15, 2024
A person assigned as a surrogate parent may not be an employee of any state agency, or a person or an employee of a person providing early intervention services, education, care, or other services to the child or to any family member of the child. A person who otherwise qualifies to be a surrogate under the provisions of this chapter is not an employee of the agency solely because the person is paid by an agency to serve as a surrogate parent.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:11 - Responsibilities of surrogate parent

Current through Register Vol. 51, page 10, July 15, 2024
A surrogate parent has the same rights as a parent for all purposes under Part C.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:15 - Mediation process

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure that procedures are established and implemented to allow parties to disputes involving any matter under this article, including matters arising before the filing of a due process complaint, to resolve disputes through a mediation process at any time. Procedures for mediation are as follows:
(1) The state director of the Part C program shall ensure that mediation is viewed as voluntary and freely agreed to by both parties and is in no way used to deny or delay a parent's right to a hearing on a parent's due process complaint, or to deny any other rights afforded under this article; and
(2) The mediation conference is an intervening, informal process conducted in a nonadversarial atmosphere, scheduled in a timely manner, and held in a location that is convenient to the parties in dispute.
The state shall bear the cost of the mediation process, including the costs of meetings described in §
										24:14:14:16.02.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:16 - Appointment of mediator

Current through Register Vol. 51, page 10, July 15, 2024
The mediation process shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of Part C services. Mediators shall be selected on a random, rotational, or other impartial basis. An individual who serves as a mediator:
(1) May not be an employee of the department, a public agency, or a nonpublic service provider that is involved in the provision of early intervention or other services to the child; and
(2) May not have a personal or professional interest that conflicts with the person's objectivity.
A person who otherwise qualifies as a mediator is not an employee of the department, a public agency, or a nonpublic service provider solely because the person is paid by the department to serve as a mediator.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:16.01 - Mediation agreement

Current through Register Vol. 51, page 10, July 15, 2024
If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that:
(1) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any federal court or state court; and
(2) Is signed by both the parent and a representative of the agency who has the authority to bind the agency.
A written, signed mediation agreement under this section is enforceable in any state court of competent jurisdiction or in a district court of the United States.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:16.02 - Meeting to encourage mediation

Current through Register Vol. 51, page 10, July 15, 2024
The department may establish procedures to offer to parents and a public agency or nonpublic service provider who elect not to use the mediation process the opportunity to meet, at a time and location convenient to the parents, with a disinterested party:
(1) Who is under contract with a parent training and information center or community parent resource center in the state, or an appropriate alternative dispute resolution entity; and
(2) Who would explain the benefits of the mediation process and encourage the parents to use the process.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:16.03 - Filing a due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
A parent, the department, a contractor, a public agency, or a nonpublic service provider may file a due process complaint on any matter relating to the identification, evaluation, or placement of a child eligible under this article or the provision of early intervention services to the child and his or her family.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.