reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:03 - Duties of the vice chairperson

Current through Register Vol. 51, page 10, July 15, 2024
During the absence of the chairperson, the vice chairperson shall perform the duties of the chairperson. In the event of the chairperson's inability or refusal to act, the vice chairperson shall perform the duties of the chairperson when so authorized by the commission.
General Authority:
SDCL  13-43-39,  13-43-44.
Law Implemented:
SDCL  13-43-42.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:04 - Duties of the executive secretary

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall keep accurate minutes of all meetings of the commission and maintain all the records necessary to operate and administer the business of the commission. The executive secretary is not a voting member of the commission.
General Authority:
SDCL  13-43-43.
Law Implemented:
SDCL  13-43-43.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:05 - Quorum for conducting business - Majority vote needed

Current through Register Vol. 51, page 10, July 15, 2024
A majority of the members of the commission constitutes a quorum for the transaction of business. An affirmative vote of a majority of the members of the commission is required to pass motions and adopt resolutions.
General Authority:
SDCL  13-43-42.
Law Implemented:
SDCL  13-43-42.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:06 - Notice of meetings

Current through Register Vol. 51, page 10, July 15, 2024
The executive secretary shall send a written notice to all members at least five days before a meeting. A copy of the proposed agenda and other pertinent information shall be sent with the notice. Emergency meetings may be called by telephone notice. The notice of an emergency meeting shall state the purpose and shall be given at least 24 hours before the time set for the meeting.
General Authority:
SDCL  13-43-43,  13-43-44.
Law Implemented:
SDCL  13-43-44.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:07 - Removal of elected officers

Current through Register Vol. 51, page 10, July 15, 2024
The commission may remove an elected officer of the commission by a two-thirds affirmative vote of the total membership of the commission. This action does not terminate the officer's membership on the commission.
General Authority:
SDCL  13-43-42.
Law Implemented:
SDCL  13-43-42.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:08 - Regular meetings - Time and place

Current through Register Vol. 51, page 10, July 15, 2024
A regular annual meeting of the commission shall be held at Pierre, South Dakota, at the time established at the organizational meeting of the commission.
General Authority:
SDCL  13-43-42,  13-43-45.
Law Implemented:
SDCL  13-43-44.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:02 - Organization and operation › Section 24:11:02:09 - Special meetings - How called and place

Current through Register Vol. 51, page 10, July 15, 2024
All meetings other than the regular annual meeting are special meetings. Special meetings may be held at often as is necessary to conduct the business of the commission. Special meetings may be held at locations in South Dakota other than Pierre. Special meetings shall be called as provided in SDCL  13-43-44.
General Authority:
SDCL  13-43-42,  13-43-45.
Law Implemented:
SDCL  13-43-44.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:03 - Code of professional ethics › Section 24:11:03:01 - Code of ethics for professional administrators

Current through Register Vol. 51, page 10, July 15, 2024
The professional administrator shall comply with the following code of ethics:
(1) Make the well-being of the students the basis of decision making and action;
(2) Enforce and obey local, state, and national rules and laws in the performance of duties;
(3) Exemplify high moral standards by not engaging in or becoming a party to such activities as fraud, embezzlement, deceit, moral turpitude, gross immorality, illegal drugs, or use of misleading or false statements;
(4) Respect the civil rights of those with whom the administrator has contact in the performance of duties;
(5) Interpret, accurately represent, and implement the policies and administrative regulations of the appropriate educational governing board;
(6) Distinguish personal politics, attitudes, and opinions from stated policies of the appropriate educational governing board;
(7) Fulfill professional responsibilities with honesty and integrity;
(8) Maintain professional relationships which are free from vindictiveness, willful intimidation, and disparagement;
(9) Safeguard confidential information;
(10) Not allow professional decisions or actions to be impaired or influenced by personal gain, gifts, gratuities, favors, and services made or withheld;
(11) Avoid preferential treatment and conflicts of interest;
(12) Honor all contracts until fulfillment, release, or dissolution by mutual agreement of all parties;
(13) Apply for, accept, offer, or assign a position of responsibility on the basis of professional preparation and legal qualifications;
(14) Accurately represent personal qualifications and the evaluations and recommendations of others;
(15) Cooperate with authorities regarding violations of the codes of ethics of the South Dakota Professional Administrators Practices and Standards Commission and the South Dakota Professional Teachers Practices and Standards Commission.
General Authority:
SDCL  13-43-45.
Law Implemented:
SDCL  13-43-45.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:04 - Complaint procedure › Section 24:11:04:01 - Procedure for filing a complaint

Current through Register Vol. 51, page 10, July 15, 2024
A person alleging a violation of the code of professional ethics may request, either orally or in writing, a complaint form from the executive secretary of the Professional Administrators Practices and Standards Commission. Within 10 days after notice to the executive secretary, the executive secretary shall provide to the person bringing the complaint a copy of the code of professional ethics and a form provided by the commission for the purpose of filing a formal written complaint. The formal written complaint shall identify the sections of the code of professional ethics alleged to be violated, the name and position of the administrator involved, and local efforts to resolve the problem. Charges of violations of the code of ethics must be based on violations that have occurred within the three years previous to the receipt of the formal written complaint by the executive secretary of the commission.
General Authority:
SDCL  13-43-45,  13-43-48.
Law Implemented:
SDCL  13-43-48 to  13-43-50, inclusive.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:04 - Complaint procedure › Section 24:11:04:02 - Investigation of complaint - Notice of initial decision

Current through Register Vol. 51, page 10, July 15, 2024
When a complaint has been filed, the commission shall send a copy of the complaint to the respondent. If the commission decides to conduct an informal investigation, the commission shall give notice of the investigation to the complainant or complainants and the respondent. Based on findings of the investigation, the commission shall decide if a formal hearing will be conducted after consideration of the complaint and the investigators' report, if any. The commission shall notify the complainant or complainants, the respondent, and the chief administrator or chair of the governing board or school board of the decision.
General Authority:
SDCL  13-43-48 to  13-43-50.
Law Implemented:
SDCL  13-43-48 to  13-43-50.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:04 - Complaint procedure › Section 24:11:04:03 - Commission hearing procedure

Current through Register Vol. 51, page 10, July 15, 2024
Formal hearings shall be conducted pursuant to contested case procedure in SDCL 1-26. The commission shall establish the time of the hearing. The commission shall hold the hearing as soon as possible, but no sooner than 30 days after notice of the decision to conduct a hearing. All hearings shall be held in Pierre unless the commission designates otherwise. Evidence relevant to current charges in the complaint up to five years prior to the filing of the written complaint may be introduced at the hearing. Evidence relevant to the current charges that exceed the five years may be considered within the discretion of the commission. The respondent may choose whether the hearing is to be private or public.
General Authority:
SDCL  13-43-48 to  13-43-50.
Law Implemented:
SDCL  13-43-48 to  13-43-50.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:04 - Complaint procedure › Section 24:11:04:04 - Confidentiality of private hearing

Current through Register Vol. 51, page 10, July 15, 2024
If the formal hearing is private, the findings of fact, conclusions of law, and decision of the commission are confidential and may be released to the complainant or complainants, the respondent, the members of the appropriate educational governing board, and the Secretary of the Department of Education to be placed on the NASDTEC clearinghouse and to remain in the department's permanent certification file. This section does not limit the commission's ability to issue a public reprimand.
General Authority:
SDCL  13-43-45.
Law Implemented:
SDCL  13-43-48 to  13-43-50.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:11 - Professional administrators ethics › Chapter 24:11:05 - Evaluation of administrators, Void

Current through Register Vol. 51, page 10, July 15, 2024
Statutory authority for the rules in this chapter was repealed by SL 1995, ch 87, § 79, effective July 1, 1995, therefore these rules are void according to SDCL  1-26-8.1.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:01 - Definitions › Section 24:14:01:03 - Parent

Current through Register Vol. 51, page 10, July 15, 2024
For the purposes of this article, the term, parent, means:
(1) A biological or adoptive parent of a child;
(2) A foster parent, unless contractual obligations with a state or local entity prohibit a foster parent from acting as a parent;
(3) A guardian generally authorized to act as the child's parent, or authorized to make early intervention, educational, health, or development decisions for the child, but not the state if the child is a ward of the state;
(4) An individual acting in the place of a biological or adoptive parent, including a grandparent, stepparent, or other relative, with whom the child lives, or an individual who is legally responsible for the child's welfare; or
(5) A surrogate parent who has been appointed in accordance with chapter 24:14:14.
Except as provided below, the biological or adoptive parent, if attempting to act as the parent under this article and if more than one party is qualified under this section to act as a parent, is presumed to be the parent for purposes of this section unless the biological or adoptive parent does not have legal authority to make educational or early intervention service decisions for the child.
If a judicial decree or order identifies a specific person under subdivisions 1 to 4, inclusive, of this section to act as the parent of a child or to make educational or early intervention service decisions on behalf of a child, then the person is deemed to be the parent for purposes of this section, except that if a contractor provides any services to a child or any family member of the child, the contractor may not act as the parent for 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 24:14:02 - General administration › Section 24:14:02:01 - Applicability

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of this article apply to all public agencies and nonpublic service providers in the state involved in the provision of early intervention services, regardless of whether such agencies or providers receive Part C funds, and all children referred to the Part C program, including children determined to be eligible under this article and their families.
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 24:14:02 - General administration › Section 24:14:02:02 - Entitlement to services

Current through Register Vol. 51, page 10, July 15, 2024
Eligible children and their families, including Native American children with disabilities and their families residing on an Indian reservation geographically located in the state, homeless children with disabilities and their families, children with disabilities who are wards of the state, and minority, low-income, and rural families, are entitled to appropriate early intervention services based on scientifically-based research, to the extent practicable, in accordance with an individualized family service plan. The department shall involve these family groups in planning and implementing the requirements in this article, including providing access to culturally competent services within their local geographical areas.
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 24:14:02 - General administration › Section 24:14:02:03 - Program administration

Current through Register Vol. 51, page 10, July 15, 2024
The Department of Education is the lead agency for the program, receives funds under Part C, and is responsible for the administration of 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 24:14:02 - General administration › Section 24:14:02:04 - Program supervision

Current through Register Vol. 51, page 10, July 15, 2024
The department is responsible for general supervision of the Part C program. The department shall monitor all programs and activities used by the state to implement the provisions of this article, to ensure statewide compliance, whether or not such programs or activities receive assistance made available under the Part C program.
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 24:14:02 - General administration › Section 24:14:02:05 - Monitoring of program

Current through Register Vol. 51, page 10, July 15, 2024
In meeting the requirements of this article, the department shall use the following methods of administering the program:
(1) Monitoring agencies, institutions, early intervention service providers, and organizations used by the state to carry out the provisions of this article;
(2) Enforcing any obligations imposed on those agencies, institutions, early intervention service providers, and organizations under Part C of the IDEA, and this article;
(3) Providing technical assistance, if necessary, to those agencies, institutions, early intervention service providers, and organizations; and
(4) Correcting any noncompliance identified through monitoring as soon as possible and in no case later than one year after the department's identification of noncompliance.
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 24:14:02 - General administration › Section 24:14:02:05.01 - State monitoring - Primary focus

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor the implementation of this article, enforce this article in accordance with §§
									24:14:02:05  and 24:14:02:05.06, and annually report on performance under this article. The primary focus of the department's monitoring activities shall be on:
(1) Improving early intervention results and functional outcomes for all children with disabilities; and
(2) Ensuring that Part C programs meet the program requirements under Part C of the IDEA, with emphasis on those requirements that are most closely related to improving early intervention results for children with disabilities.
As a part of its responsibilities under this section, the department shall use quantifiable indicators and such qualitative indicators as are needed to adequately measure performance in the priority areas identified in §
										24:14:02:05.02 and the indicators established by the U.S. Secretary of Education for the state performance plan as provided in §
										24:14:02:05.03.
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 24:14:02 - General administration › Section 24:14:02:05.02 - State monitoring - Quantifiable indicators and priority areas

Current through Register Vol. 51, page 10, July 15, 2024
The department shall monitor each Part C program using quantifiable indicators in each of the following priority areas, and using such qualitative indicators as are needed to adequately measure performance in those areas:
(1) Provision of early intervention services in natural environments; and
(2) Department exercise of general supervision, including child find, effective monitoring, the use of resolution meetings, mediation, and a system of transition services as defined in this article and article 24:05.
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 24:14:02 - General administration › Section 24:14:02:05.03 - State performance plan - General

Current through Register Vol. 51, page 10, July 15, 2024
The department shall have in place a performance plan that evaluates the state's efforts to implement the requirements and purposes of Part C of the IDEA, and describes how the department will improve such implementation. The department shall submit the state's performance plan to the U.S. Secretary of Education for approval in accordance with the approval process described in Part C of the IDEA. The department shall review its state performance plan at least once every six years, and submit any amendments to the U.S. Secretary of Education. As part of the state performance plan, the department shall establish measurable and rigorous targets for the indicators established by the U.S. Secretary of Education under the priority areas described in §
									24:14:02:05.02.
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 24:14:02 - General administration › Section 24:14:02:05.04 - State performance plan - Data collection

Current through Register Vol. 51, page 10, July 15, 2024
The department shall collect valid and reliable information as needed to report annually to the U.S. Secretary of Education on the indicators established by the U.S. Secretary of Education for the state performance plan.
If the U.S. Secretary of Education permits the department to collect data on specific indicators through state monitoring or sampling, and the department collects the data through state monitoring or sampling, the department shall collect data on those indicators for each Part C program at least once during the period of the state performance plan.
Nothing in Part C of the IDEA authorizes the development of a nationwide database of personally identifiable information on individuals involved in studies or other collections of data under Part C of the IDEA.
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 24:14:02 - General administration › Section 24:14:02:05.05 - State use of targets and reporting

Current through Register Vol. 51, page 10, July 15, 2024
The department shall use the targets established in the state's performance plan and the priority areas described in §
									24:14:02:05.02 to analyze the performance of each Part C program in implementing Part C of IDEA.
The department shall:
(1) Report annually to the public on the performance of each Part C program on the targets in the state performance plan no later than 120 days following the department's submission of its annual performance report to the U.S. Secretary of Education; and
(2) Make the state performance plan, annual performance reports, and reports on each Part C program available through public means, including by posting on the website of the department, distribution to the media, and distribution through public agencies.
If the department collects performance data through state monitoring or sampling, the department shall include in its report the most recently available performance data on each Part C program and the date the data were collected.
The department shall report annually to the U.S. Secretary of Education on the performance of the state under the state performance plan.
The department may not report to the public or the U.S. Secretary of Education any information on performance that would result in the disclosure of personally identifiable information about individual children, or that is insufficient to yield statistically reliable 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 24:14:02 - General administration › Section 24:14:02:05.06 - State enforcement - Determinations

Current through Register Vol. 51, page 10, July 15, 2024
On an annual basis, based on local Part C program performance data, information obtained through monitoring visits, and other information available, the department shall determine whether each Part C intervention program meets the requirements and purposes of Part C of the IDEA.
If the department determines, for two consecutive years, that a Part C may take one or more of the following actions:
(1) Advise the Part C program of available sources of technical assistance that may help the program address the areas in which the program needs assistance.
(2) Identify the Part C program as a high-risk grantee and impose special conditions on the program's grant under Part C of the IDEA.
(3) If the department determines, for three or more consecutive years, that a Part C program needs intervention in implementing the requirements of Part C of the IDEA, the department may require the program to prepare and implement a corrective action plan to correct the deficiencies in implementation of Part C program within one year or the department may withhold, in whole or in part, any further payments to the program under Part C of the IDEA.
Notwithstanding the other provisions of this section, if the department determines that a Part C program needs substantial intervention in implementing the requirements of Part C of the IDEA or there is a substantial failure to comply with any condition of the program's eligibility under Part C of the IDEA, the department shall withhold, in whole or in part, any further payments to the program under Part C of the IDEA.
Nothing in this section restricts the department from using any other authority available to it to monitor and enforce the requirements of Part C of the 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 24:14:02 - General administration › Section 24:14:02:07 - Central directory of information

Current through Register Vol. 51, page 10, July 15, 2024
The department shall develop a central directory that is accessible to the general public through the department's website (
http://doe.sd.gov/
) and other appropriate means pursuant to §
									24:14:02:08  and includes accurate up-to-date information about the following:
(1) Public and private early intervention services, resources, and experts available in South Dakota;
(2) Research and demonstration projects being conducted in South Dakota relating to infants and toddlers with disabilities; and
(3) Professional and other groups, including parent support groups, training and information centers such as those funded under Part C, and advocate associations, that provide assistance to children eligible under this chapter and their families.
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 24:14:02 - General administration › Section 24:14:02:09 - Public awareness program

Current through Register Vol. 51, page 10, July 15, 2024
The department shall develop a public awareness program that focuses on early identification of infants and toddlers with disabilities. The program shall include the preparation and dissemination to all primary referral sources, especially hospitals and physicians, of materials for parents on the availability of early intervention services in this article and article 24:05. The materials shall emphasize the need to inform parents with premature infants, or infants with other physical risk factors associated with learning or developmental complications. The department shall develop procedures for assisting primary referral sources in disseminating information to parents. The public awareness program shall provide information about the following:
(1) The state's Part C program;
(2) The child find system established pursuant to §
									24:14:10:01, including:
(a) The purpose and scope of the system;
(b) How to make referrals for children under the age of three; and
(c) How to gain access to a comprehensive, multidisciplinary evaluation and other early intervention services; and
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:02 - General administration › Section 24:14:02:10 - Program requirements

Current through Register Vol. 51, page 10, July 15, 2024
The public awareness program shall:
(1) Provide a continuous, ongoing effort that is in effect throughout the state, including rural areas;
(2) Provide for the involvement of, and communication with, major organizations throughout the state that have a direct interest in this article, including public agencies at the state and local level, private providers, professional associations, parent groups, advocate associations, and other organizations;
(3) Have coverage broad enough to reach the general public, including those who are disabled;
(4) Include a variety of methods for informing the public about the provisions of this article; and
(5) Be culturally diverse.
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 24:14:02 - General administration › Section 24:14:02:11 - Contracting or arranging for services

Current through Register Vol. 51, page 10, July 15, 2024
In contracting or arranging for early intervention services with public or private individuals or agency service providers, the department shall require:
(1) All early intervention services meet state standards pursuant to this article;
(2) That the services and providers comply with the Education Department General Administrative Regulations in 34 C.F.R. Part 80, as amended to July 1, 2012.
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 24:14:02 - General administration › Section 24:14:02:12 - Coordination with early learning programs

Current through Register Vol. 51, page 10, July 15, 2024
The department shall describe state efforts to promote collaboration among Head Start and Early Head Start programs under the Head Start Act, early education and child care programs, and services under Part C.
The department shall participate, consistent with section 642B(b)(1)(C)(viii) of the Head Start Act, on the State Advisory Council on Early Childhood Education and Care established under the Head Start Act.
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 24:14:02 - General administration › Section 24:14:02:13 - Public participation - Federal application requirement

Current through Register Vol. 51, page 10, July 15, 2024
At least 60 days prior to submitting the federal application for part C funding to the U.S. Department of Education, the department shall publish the application in a manner that will ensure circulation throughout the state with an opportunity for public comment on the application for at least 30 days during that period.
The application must include a description of the policies and procedures used by the state to ensure that, before adopting any new policy or procedure, including any revision to an existing policy of procedure, needed to comply with Part C of the IDEA and this article, the department:
(1) Holds public hearings on the new policy or procedure, including any revision to an existing policy or procedure;
(2) Provides notice of the hearings held in accordance with this section at least 30 days before the hearings are conducted to enable public participation; and
(3) Provides an opportunity for the general public, including individuals with disabilities, parents of infants and toddlers with disabilities, contractors, and the members of the state interagency coordinating council, to comment for at least 30 days on the new policy or procedure, including any revision to an existing policy or procedure, needed to comply with Part C of the IDEA and 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 24:14:03 - Procedures for resolving complaints › Section 24:14:03:01.01 - Complaint

Current through Register Vol. 51, page 10, July 15, 2024
A complaint is a written signed statement by an individual or organization including an individual or organization from another state containing a statement that the department, a public agency, or a nonpublic service provider has violated a requirement of federal or state statutes, rules, or regulations that apply to a program and a statement of the facts on which the complaint is based.
The complaint must allege a violation that occurred not more than one year before the date the complaint is received by the department. The written signed statement shall also include:
(1) The signature and contact information for the complainant; and
(2) If alleging violations with respect to a specific child:
(a) The name and address of the residence of the child;
(b) The name of the early intervention service provider serving the child;
(c) A description of the nature of the problem of the child, including facts related to the problem; and
(d) A proposed resolution of the problem to the extent known and available to the party at the time the complaint is filed.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:03 - Procedures for resolving complaints › Section 24:14:03:01.02 - Remedies

Current through Register Vol. 51, page 10, July 15, 2024
In resolving a complaint in which it has found a failure to provide appropriate services, the department, pursuant to its general supervisory authority under Part C of the IDEA, shall address:
(1) The failure to provide appropriate services including corrective action appropriate to address the needs of the infant or toddler with a disability and the infant's or toddler's family who is the subject of the complaint. Such corrective action may include compensatory or monetary reimbursement; and
(2) Appropriate future provision of services for all infants and toddlers with disabilities and their families.
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 24:14:03 - Procedures for resolving complaints › Section 24:14:03:02 - Agencies subject to complaints

Current through Register Vol. 51, page 10, July 15, 2024
The department shall take complaints under this article that concern violations by:
(1) Any public agency in the state that receives funds under Part C;
(2) Other public agencies that are involved in the state's Part C program; or
(3) Private service providers that receive funds pursuant to this article under a contract from a public agency to carry out a given function or to provide a given service required under Part C.
The party filing the complaint shall forward a copy of the complaint to the public agency or nonpublic service provider serving the child at the same time the party files the complaint with 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 24:14:03 - Procedures for resolving complaints › Section 24:14:03:04 - Procedures for resolving complaints

Current through Register Vol. 51, page 10, July 15, 2024
The complaint resolution procedure is as follows. If the complaint is against a public agency or nonpublic service provider, the following steps shall be taken:
(1) The state director of the Part C program shall appoint a complaint
(2) The complainant shall have the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;
(3) The department, a public agency, or a nonpublic service provider shall have the opportunity to respond to the complaint, including at a minimum:
(a) At the discretion of the department, a proposal to resolve the complaint; and
(b) An opportunity for a parent who has filed a complaint and the department, a public agency, or a nonpublic service provider to voluntarily engage in mediation consistent with this article;
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:03 - Procedures for resolving complaints › Section 24:14:03:05 - Time limits

Current through Register Vol. 51, page 10, July 15, 2024
All complaints must be resolved within 60 days after receipt of the complaint by the state director of the Part C program except as stated in this section. The time limit of 60 days may be extended only under exceptional circumstances with reference to a particular complaint as determined by the state director of the Part C program, such as the need for additional time to provide necessary information. Under these circumstances, an extension of time may not exceed 30 days in any one instance.
In addition, the 60-day time limit may be extended, if the parent, individual, or organization and the department, a public agency, or a nonpublic service provider involved in the complaint agree to engage in mediation in order to attempt to resolve the issues specified in the 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 24:14:03 - Procedures for resolving complaints › Section 24:14:03:08 - Information about complaint procedures

Current through Register Vol. 51, page 10, July 15, 2024
The Part C program shall inform parents and other interested individuals, including parent training centers, protection and advocacy agencies, and other appropriate entities about the state's complaint procedures by taking the following actions:
(1) Conducting parent surveys through the state's monitoring process;
(2) Providing copies of the state's procedures to parent and advocacy groups across the state;
(3) Notifying public agencies and nonpublic service providers through statewide memoranda;
(4) Presenting state procedures at statewide conferences; and
(5) Disseminating copies to parent training centers and other appropriate entities.
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 24:14:03 - Procedures for resolving complaints › Section 24:14:03:09 - Complaints and due process hearings

Current through Register Vol. 51, page 10, July 15, 2024
If a written complaint is received that is also the subject of a due process hearing under this article or contains multiple issues, of which one or more are part of that hearing, the department must set aside any part of the complaint that is being addressed in the due process hearing, until the conclusion of the hearing. However, any issue in the complaint that is not a part of the due process action must be resolved using the time limit and procedures described in this chapter.
If an issue is raised in a complaint filed under this section that has previously been decided in a due process hearing involving the same parties, the hearing decision is binding on that issue and the department shall inform the complainant to that effect. A complaint alleging a public agency's or a nonpublic service provider's failure to implement a due process decision must be resolved by 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 24:14:04 - Financial matters › Section 24:14:04:01 - Services provided at no cost

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide or purchase the following services at no cost to parents:
(1) The child find requirements in chapter 24:14:11;
(2) Evaluation and assessment, including the functions related to evaluation and assessment;
(3) Service coordination functions and activities; and
(4) Administrative and coordinative activities related to the following:
(a) The development, review, and evaluation of IFSPs including interim IFSPs pursuant to chapter 24:14:13; and
(b) Implementation of the procedural safeguards and other components of the statewide program of early intervention services.
South Dakota Administrative Rules › Title 24 - EDUCATION › Article 24:14 - Early intervention program › Chapter 24:14:04 - Financial matters › Section 24:14:04:04 - Early Intervention services provided at no cost

Current through Register Vol. 51, page 10, July 15, 2024
The department may not charge fees for the IFSP services that a child is otherwise entitled to receive at no cost to parents. Agency jurisdictional disputes may not result in the denial of services to the child or the child's family.
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 24:14:04 - Financial matters › Section 24:14:04:04.01 - Use of public benefits or insurance - Enrollment

Current through Register Vol. 51, page 10, July 15, 2024
Parents are not required to sign up for or enroll in a public benefits or insurance program, if the child or parent is not already enrolled in such a program, as a condition of receiving early intervention services from the Part C program.
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 24:14:04 - Financial matters › Section 24:14:04:04.02 - Use of public benefits or insurance - Parental consent required

Current through Register Vol. 51, page 10, July 15, 2024
The department shall obtain written consent to use a child's or parent's public benefits or insurance to pay for Part C services if that use would:
(1) Decrease available lifetime coverage or any other insured benefit for the child or parent under that program;
(2) Result in the child's parents paying for services that would otherwise be covered by the public benefits or insurance program;
(3) Result in any increase in premiums or discontinuation of public benefits or insurance for that child or that child's parents; or
(4) Risk loss of eligibility for the child or that child's parents for home and community-based waivers based on aggregate health-related expenditures.
If a parent consents in writing to have the parent's or the child's public benefits or insurance billed for early intervention services, the parent will provide personally identifiable information to the service providers for billing purposes.
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 24:14:04 - Financial matters › Section 24:14:04:04.03 - Use of public benefits or insurance - Parental refusal to consent

Current through Register Vol. 51, page 10, July 15, 2024
If a parent does not provide consent to access public benefits or insurance to pay for Part C services, the Part C program shall still make available early intervention services on the IFSP to which the parent has provided consent, at no cost.
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 24:14:04 - Financial matters › Section 24:14:04:04.04 - Use of public benefits or insurance - Parental notification

Current through Register Vol. 51, page 10, July 15, 2024
The department shall provide written notification to a child's parents before using the child's or parent's public benefits or insurance to pay for Part C services pursuant to the department's system of payments.
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 24:14:04 - Financial matters › Section 24:14:04:04.05 - Use of private insurance - Parental consent required

Current through Register Vol. 51, page 10, July 15, 2024
The department may not use the private insurance of a parent of an infant or toddler with a disability to pay for Part C services unless the parent provides parental consent, consistent with this article, to use private insurance to pay for Part C services for the child. This includes the use of private insurance when such use is a prerequisite for the use of public benefits or insurance.
Parental consent must be obtained:
(1) If Part C seeks to use the parent's private insurance or benefits to pay for the initial provision of an early intervention service in the IFSP; and
(2) Each time consent for services is required due to an increase, in frequency, length, duration, or intensity, in the provision of services 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 24:14:04 - Financial matters › Section 24:14:04:04.06 - Use of private insurance - Parental refusal to consent

Current through Register Vol. 51, page 10, July 15, 2024
Early intervention services, as specified in the child's IFSP and to which the parent has consented, may not be denied due to a parent's refusal to allow the parent's or child's private insurance to be billed for such services. Parents may refuse to allow providers to bill their or their child's private insurance if they are concerned about the potential impact on their private health insurance, such as an increase in premiums or the lifetime cap.
If a parent refuses access to the parent's or the child's private insurance, the Part C program shall still provide early intervention services to the child as specified on the IFSP at no cost to 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 24:14:04 - Financial matters › Section 24:14:04:04.07 - Use of private insurance - Copy of system of payments

Current through Register Vol. 51, page 10, July 15, 2024
When obtaining parental consent required by §
									24:14:04:04.05 or initially using benefits under a child's or parent's private insurance policy to pay for an early intervention service, the department shall provide access to the state's system of payments. The department shall pay all co-pays and deductibles to eliminate any out of pocket costs to the parents of the early intervention service.
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 24:14:04 - Financial matters › Section 24:14:04:05 - Identification and coordination of resources

Current through Register Vol. 51, page 10, July 15, 2024
The department is responsible for the identification and coordination of all available resources for early intervention services within the state, including those from federal, state, local, and private sources, and for updating the information on the funding resources to this article if a legislative or policy change is made under any of those funding resources.
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 24:14:04 - Financial matters › Section 24:14:04:06 - Federal funding source

Current through Register Vol. 51, page 10, July 15, 2024
The federal funding sources that may be used for services listed in chapter 24:14:08 include the following, all as in effect on January 1, 2012:
(1) Title V of the Social Security Act;
(2) Title XIX of the Social Security Act;
(3) The Head Start Act;
(4) Individuals with Disabilities Education Act, Parts B and C;
(5) The Developmental Disabilities Assistance and Bill of Rights Act, Pub. L. No. 94-103;
(6) Department of Human Services, DD Block Grant, Division of Mental Health, and Pub. L. No. 102-231; and
(7) Other federal programs.
General Authority:
SDCL  13-37-1.1.
Law Implemented:
SDCL  13-1-23,  13-14-1,  13-37-1.1.