reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:14 - Procedural safeguards › Section 24:14:14:16.04 - Timeline for filing a due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
A due process complaint may not allege a violation that occurred more than two years before the date the parent, a public agency, or a nonpublic service provider knew or should have known about the alleged action that forms the basis of the due process complaint.
The timeline described in this section does not apply to a parent if the parent was prevented from filing a due process complaint due to:
(1) Specific misrepresentations by a public agency or a nonpublic service provider that it had resolved the problem forming the basis of the due process complaint; or
(2) A public agency's or a nonpublic service provider's withholding of information from the parent that was required under this chapter to be provided to the 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 24:14:14:16.05 - Free or low-cost services to parent

Current through Register Vol. 51, page 10, July 15, 2024
The department shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent, a public agency, or nonpublic service provider files a due process complaint under this chapter or the parent requests the information.
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 24:14:14:16.06 - Due process complaint notice

Current through Register Vol. 51, page 10, July 15, 2024
A public agency or nonpublic service provider must have procedures that require either party, or the attorney representing a party, to provide to the other party a due process complaint. The due process complaint must remain confidential. The party filing a due process complaint shall forward a copy to the department.
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 24:14:14:16.07 - Content of due process complaint notice

Current through Register Vol. 51, page 10, July 15, 2024
The notice required in §
									24:14:14:16.06 must include:
(1) The name of the child;
(2) The address of the residence of the child;
(3) The name of the Part C service provider serving the child;
(4) In the case of a homeless child, available contact information for the child and the name of the Part C service provider serving the child;
(5) A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including the facts relating to the problem; and
(6) A proposed resolution of the problem to the extent known and available to the party at the time.
A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements of 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 24:14:14:16.08 - Sufficiency of complaint

Current through Register Vol. 51, page 10, July 15, 2024
The due process complaint required in §
									24:14:14:16.06 is deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within 15 days of receipt of the due process complaint, that the receiving party believes the due process complaint does not meet the requirements in §
									24:14:14:16.07.
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 24:14:14:16.09 - Decision on sufficiency of complaint

Current through Register Vol. 51, page 10, July 15, 2024
Within five days of receipt of the notification under §
									24:14:14:16.08, the hearing officer shall make a determination on the face of the due process complaint of whether the due process complaint meets the requirements of §
									24:14:14:16.07 and shall immediately notify the parties in writing of that determination.
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 24:14:14:16.10 - Amendment to due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
A party may amend its due process complaint only if:
(1) The other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a resolution meeting held under §
									24:14:14:16.13; or
(2) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.
If a party files an amended due process complaint, the timelines for the resolution meeting and the time period for resolving the complaint begin again with the filling of the amended due process 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 24:14:14 - Procedural safeguards › Section 24:14:14:16.11 - Agency or provider response to due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
If a public agency or nonpublic service provider has not sent a prior written notice under this chapter to the parent regarding the subject matter contained in the parent's due process complaint, the public agency or nonpublic service provider shall, within 10 days of receiving the due process complaint, send to the parent a response that includes:
(1) An explanation of why the public agency or nonpublic service provider proposed or refused to take the action raised in the due process complaint;
(2) A description of other options that the IFSP team considered and the reasons why those options were rejected;
(3) A description of each evaluation procedure, assessment, record, or report the public agency or nonpublic service provider used as the basis for proposed or refused action; and
(4) A description of the other factors that are relevant to the public agency's or nonpublic service provider's proposed or refused action.
A response by the public agency or nonpublic service provider under this section does not preclude the public agency or nonpublic service provider from asserting that the parent's due process complaint was insufficient, if appropriate.
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 24:14:14:16.12 - Other party response to due process complaint

Current through Register Vol. 51, page 10, July 15, 2024
Except as provided in §
									24:14:14:16.11, the party receiving a due process complaint shall, within 10 days of receiving the due process complaint, send to the other party a response that specifically addresses the issues raised in the due process 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 24:14:14 - Procedural safeguards › Section 24:14:14:16.13 - Resolution meeting - Participants

Current through Register Vol. 51, page 10, July 15, 2024
Within 15 days of receiving notice of the parent's due process complaint, and before the initiation of a due process hearing under this chapter, the public agency or nonpublic service provider shall convene a meeting with the parent and the relevant member or members of the IFSP team who have specific knowledge of the facts identified in the due process complaint. The meeting:
(1) Shall include a representative of the public agency or nonpublic service provider who has decision-making authority on behalf of the public agency or nonpublic service provider; and
(2) May not include an attorney of the public agency or nonpublic service provider unless the parent is accompanied by an attorney.
The parent and public agency or nonpublic service provider shall determine the relevant members of the IFSP team to attend the meeting.
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 24:14:14:16.14 - Resolution meeting - Purpose

Current through Register Vol. 51, page 10, July 15, 2024
The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the public agency or nonpublic service provider has the opportunity to resolve the dispute that is the basis for the due process 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 24:14:14 - Procedural safeguards › Section 24:14:14:16.15 - Resolution meeting - Waive or mediate

Current through Register Vol. 51, page 10, July 15, 2024
The resolution meeting need not be held if:
(1) The parent and the public agency or nonpublic service provider agree in writing to waive the meeting; or
(2) The parent and the public agency or nonpublic service provider agree to use the mediation process described 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 24:14:14 - Procedural safeguards › Section 24:14:14:16.16 - Resolution period - General

Current through Register Vol. 51, page 10, July 15, 2024
If the public agency or nonpublic service provider has not resolved the due process complaint to the satisfaction of the parties within 30 days of the receipt of the due process complaint, the due process hearing may occur.
Except as provided in §
									24:14:14:16.18, the timeline for issuing a final decision in a due process hearing begins at the expiration of the 30-day period.
Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding the above two paragraphs, the failure of the parent filing a due process complaint to participate in the resolution meeting delays the timelines for the resolution process and due process hearing until the meeting is held.
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 24:14:14:16.17 - Dismissal of complaint or initiation of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the public agency or nonpublic service provider is unable to obtain the participation of the parent in the resolution meeting after efforts have been made and after documenting its efforts, the public agency or nonpublic service provider may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent's due process complaint.
If the public agency or nonpublic service provider fails to hold the resolution meeting specified in §
									24:14:14:16.13 within 15 days of receiving notice of a parent's due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.
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 24:14:14:16.18 - Adjustments to 30-day resolution period

Current through Register Vol. 51, page 10, July 15, 2024
The 30-day timeline for the due process hearing described in this chapter starts the day after one of the following events:
(1) Both parties agree in writing to waive the resolution meeting;
(2) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; or
(3) If, after both parties agree in writing to continue the mediation at the end of the 30-day resolution period, the parent or public agency or nonpublic service provider withdraws from the mediation 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 24:14:14:16.19 - Written settlement agreement

Current through Register Vol. 51, page 10, July 15, 2024
If a resolution to the dispute is reached at the meeting described in §§
									24:14:14:16.13 and 24:14:14:16.14, the parties shall execute a legally binding agreement that is:
(1) Signed by both the parent and a representative of the public agency or nonpublic service provider who has the authority to bind the public agency or nonpublic service provider: and
(2) Enforceable in any state court of competent jurisdiction or in a district court of the United States.
If the parties execute an agreement pursuant to this section, a party may void the agreement within three business days of the agreement's execution.
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 24:14:14:16.20 - Impartial due process hearing

Current through Register Vol. 51, page 10, July 15, 2024
If a due process complaint is received under this chapter, the parents or the public agency or nonpublic service provider involved in the dispute shall have an opportunity for an impartial due process hearing, consistent with the procedures in this article. The department shall ensure that a due process hearing is held.
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 24:14:14:16.21 - Subject matter of due process hearings

Current through Register Vol. 51, page 10, July 15, 2024
The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the due process complaint filed under this chapter, unless the other party agrees otherwise. A parent may file a separate due process complaint on an issue separate from a due process complaint already filed.
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 24:14:14:16.22 - Timeline for requesting a due process hearing

Current through Register Vol. 51, page 10, July 15, 2024
A parent or a public agency or a nonpublic service provider must request an impartial hearing on their due process complaint within two years of the date the parent or the public agency or the nonpublic service provider knew or should have known about the alleged action that forms the basis of the due process complaint. The timeline described in this section does not apply to a parent if the exceptions in §
									24:14:14:16.04 exist.
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 24:14:14:16.23 - Impartial hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
A hearing may not be conducted by a person who is an employee of the department, by a person who is an employee of a public agency or a nonpublic service provider that is involved in the early intervention services or care of the child, or by any person having a personal or professional interest that conflicts with the person's objectivity in the hearing. A hearing officer shall:
(1) Possess knowledge of, and the ability to understand, the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts;
(2) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and
(3) Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.
An individual who otherwise qualifies to conduct a hearing is not an employee of the department solely because the individual is paid by the department to serve as a hearing officer.
The department shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.
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 24:14:14:16.24 - Decision of hearing officer

Current through Register Vol. 51, page 10, July 15, 2024
Subject to the provisions of this section, a hearing officer shall make a determination, based on substantive grounds, of whether the child was appropriately identified, or evaluated, or placed, or whether the child with a disability and his or her family were appropriately provided early intervention services under Part C.
In matters alleging a procedural violation, a hearing officer may find that a child did not receive appropriate identification, evaluation, placement, or provision of early intervention services for the child and the child's family under Part C only if the procedural inadequacies:
(1) Impeded the child's right to appropriate early intervention services; or
(2) Significantly impeded the parent's opportunity to participate in the decision-making process regarding these matters; or
(3) Caused a deprivation of educational or developmental benefit.
Nothing in this section precludes a hearing officer from ordering a public agency or a nonpublic service provider to comply with procedural requirements under 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 24:14:14 - Procedural safeguards › Section 24:14:14:18 - Hearing rights

Current through Register Vol. 51, page 10, July 15, 2024
Any party to a hearing under this article may:
(1) Be accompanied and advised by counsel and by individuals with special knowledge of or training with respect to the problems of children with disabilities under this article;
(2) Present evidence and confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the introduction of any evidence at the hearing that has not been disclosed to the parent at least five business days before the hearing;
(4) Obtain a written or, at the option of the parents, electronic verbatim record of the hearing; and
(5) Obtain written or, at the option of the parents, electronic findings of fact and decisions. The department shall transmit those findings and decisions, after deleting any personally identifiable information, to the state interagency coordinating council and shall make those findings and decisions available to the public.
Parents involved in hearings must be given the right to have the child who is the subject of the hearing present and open the hearing to the public. The record of the hearing and the findings of fact and decisions must be provided at no cost to the parents.
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 24:14:14:18.01 - Additional disclosure of information

Current through Register Vol. 51, page 10, July 15, 2024
At least five business days before a hearing conducted under this chapter, each party shall disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing. A hearing officer may bar any party that fails to comply with this section from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.
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 24:14:14:18.02 - Attorney fees

Current through Register Vol. 51, page 10, July 15, 2024
Due process hearings regarding Part C of IDEA are not eligible for attorney fees. School districts assume financial responsibility for attorney fees in a due process hearing, in accordance with §
									24:05:30:11.01, only in situations related to children in need of prolonged assistance.
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 24:14:14:19 - Convenience of hearing

Current through Register Vol. 51, page 10, July 15, 2024
A proceeding for implementing the administrative hearing process in this chapter must be carried out at a time and place that is reasonably convenient to the parents and child involved.
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 24:14:14:20 - Timelines for hearing

Current through Register Vol. 51, page 10, July 15, 2024
The department shall ensure that no later than 30 days after the expiration of the 30-day period under §
									24:14:14:16.16 or adjusted time period described in §
									24:14:14:16.18, a final decision is reached on the hearing and a copy of the decision is mailed to each of the parties. A hearing officer may grant specific extensions of time beyond the periods set out in this section at the request of either party.
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 24:14:14:21 - Appeal of administrative decision

Current through Register Vol. 51, page 10, July 15, 2024
Any party aggrieved by the findings and decisions of the hearing officer under this article may bring a civil action under the IDEA, 20 U.S.C. §
										1415(i)(2) as in effect on December 3, 2004. A civil action may be filed in either state or federal court without regard to the amount in controversy. The party bringing the action has 90 days from the date of a hearing officer's decision to file a civil action. In any action brought under this section, the court:
(1) Shall receive the records of the administrative proceedings;
(2) Shall hear additional evidence at the request of a party; and
(3) Basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be appropriate.
Nothing in Part C of the IDEA restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, as amended to July 1, 2012, Title V of the Rehabilitation Act of 1973, as amended to December 10, 2015. or other federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the procedures under this chapter for a due process hearing must be exhausted to the same extent as would be required had the action been brought under section 615 of IDEA.
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 24:14:14:22 - Status of child during proceedings

Current through Register Vol. 51, page 10, July 15, 2024
During the pendency of any proceeding involving a hearing under this chapter, unless the department and parents of a child with a disability involved otherwise agree, the child must continue to receive the appropriate early intervention services currently being provided in the setting identified in the individualized family service plan that is consented to by the parents. If the hearing involves an application for initial services under this article, the child shall receive those services that are not in 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 24:14:15 - Confidentiality of information › Section 24:14:15:02 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Act," the Family Educational Rights and Privacy Act of 1974 and implementing regulations at 34 C.F.R. Part 99, as amended, enacted as section 444 of the General Education Provisions Act as in effect July 1, 2012.
(2) "Destruction," physical destruction of the record or ensuring that personal identifiers are removed from a record so that the record is no longer personally identifiable under §
									24:14:01:01(18);
(3) "Directory information," information contained in the early intervention record of a child which would not generally be considered harmful or an invasion of privacy if disclosed, such as the child's name, address, telephone listing, dates in Part C program, and date and place of birth;
(4) "Disclosure," to permit access to or the release, transfer, or other communication of early intervention records or the personally identifiable information contained in those records to any party, except the party identified as the party that provided or created the record, by any means, including oral, written, or electronic;
(5) "Early intervention record," any information recorded in any way, including handwriting, print, video or audio tape, film, microfilm, microfiche, and computer media; and
(6) "Participating agency," any individual, agency, entity, or institution that collects, maintains, or uses personally identifiable information to implement the requirements in Part C of IDEA and the provisions of this article with respect to a particular child. A participating agency includes the department and contractors and any individual or entity that provides any Part C services, including service coordination, evaluations and assessments, and other Part C services, but does not include primary referral sources, or public agencies, such as the state Medicaid or CHIP program, or private entities, such as private insurance companies, that act solely as funding sources for Part C services.
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 24:14:15 - Confidentiality of information › Section 24:14:15:02.01 - Confidentiality procedures - General

Current through Register Vol. 51, page 10, July 15, 2024
The department shall:
(1) Ensure that the parents of a child referred under Part C are afforded the right to confidentiality of personally identifiable information, including the right to written notice of, and written consent to, the exchange of that information among agencies, consistent with federal and South Dakota laws;
(2) Ensure the effective implementation of the safeguards by each participating agency, including the department and contractors, in the statewide system that is involved in the provision of early intervention services under this article; and
(3) Make available to parents an initial copy of the child's early intervention record, at no cost to the parents.
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 24:14:15 - Confidentiality of information › Section 24:14:15:02.02 - Applicability and timeframe of procedures

Current through Register Vol. 51, page 10, July 15, 2024
The confidentiality procedures described in this chapter apply to the personally identifiable information of a child and the child's family that:
(1) Is contained in early intervention records collected, used, or maintained under Part C by the department, a contractor, or a participating agency; and
(2) Applies from the point in time when the child is referred for early intervention services under Part C until the later of when the department, a contractor, or a participating agency is no longer required to maintain or no longer maintains that information under applicable federal and South Dakota laws.
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 24:14:15 - Confidentiality of information › Section 24:14:15:02.03 - Notice to parents

Current through Register Vol. 51, page 10, July 15, 2024
The department shall give notice when a child is referred under Part C of IDEA that is adequate to fully inform parents about the requirements in this chapter, including:
(1) A description of the children on whom personally identifiable information is maintained, the types of information sought, the methods the state intends to use in gathering the information, including the sources from whom information is gathered, and the uses to be made of the information;
(2) A summary of the policies and procedures that contractors and participating agencies shall follow regarding storage, disclosure to third parties, retention, and destruction of personally identifiable information;
(3) A description of all the rights of parents and children regarding this information, including their rights under the Part C confidentiality provisions in this chapter; and
(4) A description of the extent to which the notice is provided in the native languages of the various population groups in the state.
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 24:14:15 - Confidentiality of information › Section 24:14:15:03 - Annual notification of rights

Current through Register Vol. 51, page 10, July 15, 2024
Each contractor shall annually notify parents of children who may be eligible for early intervention services of their rights under the Act and this chapter. The notice must include a statement that the parent has a right to do the following:
(1) Inspect and review the child's records;
(2) Request the amendment of the child's records to ensure that they are not inaccurate, misleading, or otherwise in violation of the child's privacy or other rights;
(3) Consent to disclosure of personally identifiable information contained in the child's records, except to the extent that the Act and the regulations in this chapter authorize disclosure without consent; and
(4) File with the United States Department of Education a complaint concerning alleged failures by the contractor to comply with the requirements of the Act and this chapter.
The notice shall also include the procedures for exercising the right to inspect and review early intervention records; the procedures for requesting the amendments of records; and if the agency or institution has a policy of disclosing records, a specification of criteria for determining who constitutes an early intervention program official and what constitutes a legitimate educational interest.
The contractor may provide this notice by any means that is likely to inform the parents of their rights and that will effectively notify parents of children who have a primary or home language other than English and parents who are disabled.
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 24:14:15 - Confidentiality of information › Section 24:14:15:04 - Access rights

Current through Register Vol. 51, page 10, July 15, 2024
Each contractor or participating agency shall permit parents to inspect and review any early intervention records relating to their child which are collected, maintained, or used by the contractor under this article. The contractor shall comply with a request without unnecessary delay and before any meeting regarding an IFSP or hearing relating to the identification, evaluation, or placement of the child and in no case more than ten calendar days after the request has been made.
The right to inspect and review early intervention records under this section include the following:
(1) The right to response from the contractor or participating agency to reasonable requests for explanations and interpretations of the early intervention records;
(2) The right to request that the contractor or participating agency provide copies of the early intervention records containing the information if failure to provide these copies would effectively prevent the parent from exercising the right to inspect and review the records; and
(3) The right to have a representative of the parent inspect and review the early intervention records.
The contractor or participating agency may presume that the parent has authority to inspect and review early intervention records relating to the parent's child unless the contractor or participating agency has been provided documentation that the parent does not have the authority under applicable state law governing such matters as foster care, guardianship, separation, divorce, or custody.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
Jurisdiction and venue of guardianships, SDCL ch 30-36.
Appointment, qualification, bonds and removal of guardians, SDCL ch 30-27.
Custody, care and maintenance of wards, SDCL ch 30-28.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:15 - Confidentiality of information › Section 24:14:15:05 - Record of access

Current through Register Vol. 51, page 10, July 15, 2024
Each contractor or participating agency shall keep a record of parties obtaining access to early intervention records collected, maintained, or used under this chapter, except access by parents and authorized employees, including the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. A parent may inspect this record on request.
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 24:14:15 - Confidentiality of information › Section 24:14:15:06 - Records on more than one child

Current through Register Vol. 51, page 10, July 15, 2024
If an early intervention record includes information on more than one child, the parents of those children may inspect and review only the information relating to their child or may be informed only of that specific information.
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 24:14:15 - Confidentiality of information › Section 24:14:15:07 - List of types and locations of information

Current through Register Vol. 51, page 10, July 15, 2024
Each contractor shall provide parents on request a list of the types and location of early intervention records collected, maintained, or used by the contractor.
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 24:14:15 - Confidentiality of information › Section 24:14:15:08 - Fees

Current through Register Vol. 51, page 10, July 15, 2024
A contractor or participating agency may charge a fee for copies of early intervention records which are made for parents under this chapter if the fee does not effectively prevent the parents from exercising their right to inspect and review those records. The contractor or participating agency may not charge a fee to search for or to receive information under this chapter.
A contractor or participating agency shall provide at no cost to parents, a copy of each evaluation, assessment of the child, family assessment, and IFSP as soon as possible after each IFSP meeting.
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 24:14:15 - Confidentiality of information › Section 24:14:15:09 - Amendment of records at parent's request

Current through Register Vol. 51, page 10, July 15, 2024
A parent who believes that information in early intervention records collected, maintained, or used under this article is inaccurate or misleading or violates the privacy or other rights of the child or parent may request the contractor or participating agency which maintains the information to amend the information.
The contractor or participating agency shall decide whether to amend the information in accordance with the request within five working days after receipt of the request.
If the contractor or participating agency decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal and advise the parent of the right to a hearing.
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 24:14:15 - Confidentiality of information › Section 24:14:15:10 - Opportunity for a hearing

Current through Register Vol. 51, page 10, July 15, 2024
The contractor or participating agency shall, on request, provide an opportunity for a hearing to challenge information in their child's early intervention records to ensure that it is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parent.
A parent may request a due process hearing under the procedures in chapter 24:14:14 if the hearing procedures meet the requirements of the hearing procedures in §
									24:14:15:11, or the parent may request a hearing directly under the state's 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 24:14:15 - Confidentiality of information › Section 24:14:15:11 - Hearing procedures

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, a contractor's hearing procedures must include the following elements:
(1) The hearing must be held within 30 days after the contractor receives the request, and the parent of the child shall be given notice of the date, place, and time five days in advance of the hearing;
(2) The hearing may be conducted by any party who does not have a direct interest in the outcome of the hearing;
(3) The parent of the child shall be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or be represented by individuals of the parent's choice at the parent's own expense, including an attorney;
(4) The contractor shall make its decision in writing within 30 days after the conclusion of the hearing; and
(5) The decision of the contractor shall be based solely on the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision.
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 24:14:15 - Confidentiality of information › Section 24:14:15:12 - Result of hearing

Current through Register Vol. 51, page 10, July 15, 2024
If, as a result of the hearing, the contractor or participating agency decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parent, it shall amend the information accordingly and inform the parents in writing.
If, as a result of the hearing, the contractor or participating agency decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the child or parent, it shall inform the parents of the right to place in the early intervention records it maintains on the child a statement commenting on the information or setting forth any reasons for disagreeing with the decision of the contractor.
Any explanation placed in the early intervention records of the child under this section must be maintained by the contractor or participating agency as part of the records of the child as long as the record or contested portion is maintained by the contractor. If the records of the child or the contested portion are disclosed by the contractor or participating agency to any party, the explanation must also be disclosed to the party.
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 24:14:15 - Confidentiality of information › Section 24:14:15:12.01 - Disclosure of information

Current through Register Vol. 51, page 10, July 15, 2024
The department shall disclose to the state special education program and the school district where the child resides, in accordance with §
									24:14:13:05.01, the following personally identifiable information under IDEA:
(1) The child's name;
(2) The child's date of birth; and
(3) Parent contact information, including parents' names, addresses, and telephone numbers.
The information described in this section is needed to enable the department, as well as school districts and the state special education program, to identify all children potentially eligible for services under Part B of IDEA.
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 24:14:15 - Confidentiality of information › Section 24:14:15:13 - Consent

Current through Register Vol. 51, page 10, July 15, 2024
Parental consent must be obtained before personally identifiable information is disclosed to anyone other than authorized representatives, officials, or employees of participating agencies collecting, maintaining, or using the information under Part C, subject to this section; or used for any purpose other than meeting a requirement of Part C.
The department or other participating agency may not disclose personally identifiable information to any party except participating agencies, including the department and contractors, that are part of the state's Part C system without parental consent unless authorized to do so under:
(1) Sections 24:14:15:12.01 and 24:14:13:05.01; or
(2) One of the exceptions enumerated in 34 C.F.R. 99.31, as amended to July 1, 2012, where applicable to Part C, which are expressly adopted to apply to Part C through this reference.
The department shall provide policies and procedures to be used if a parent refuses to provide consent under this section, such as a meeting to explain to parents how their failure to consent affects the ability of their child to receive services under Part C, if those procedures do not override a parent's right to refuse consent under chapter 24:14:14.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.
34 C.F.R. Part 99, as amended to July 1, 2012 (Family Educational Rights and Privacy).
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:15 - Confidentiality of information › Section 24:14:15:14 - Safeguards

Current through Register Vol. 51, page 10, July 15, 2024
Each contractor or participating agency shall protect the confidentiality of personally identifiable information at the stages of collection, maintenance, use, storage, disclosure, and destruction.
One official of each contractor or participating agency shall assume responsibility for ensuring the confidentiality of any personally identifiable information.
All persons collecting or using personally identifiable information must receive training or instruction regarding the provisions of this chapter and the Act concerning personally identifiable information.
The contractor or participating agency shall maintain for public inspection a current listing of the names and positions of those employees within the early intervention program who may have access to personally identifiable information on children.
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 24:14:15 - Confidentiality of information › Section 24:14:15:15 - Destruction of information

Current through Register Vol. 51, page 10, July 15, 2024
The contractor or participating agency shall inform parents when personally identifiable information collected, maintained, or used under this chapter is no longer needed to provide services to the child under Part C, the General Education Provisions Act at 20 U.S.C. 1232 f, as amended to July 1, 2012, and the Education Department General Administrative Regulations at 34 C.F.R. Part 76 and 80, as amended to July 1, 2012.
The information no longer needed must be destroyed at the request of the parents. However, a permanent record of the child's name, date of birth, parent contact information, including address and phone number, names of service coordinators and contractors, and exit data, including year and age upon exit, and any programs entered into upon exiting, may be maintained without time limitation.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.