South Dakota Administrative Code

Rule 24:14:02:03 Program administration. 24:14:02:03. Program administration. 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. Source: 20 SDR 223, effective July 7, 1994; 35 SDR…

24:14:02:04. Program supervision. 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 suc…

24:14:02:05. Monitoring of program. In meeting the requirements of this article, the department shall use the following methods of administering the program: (1) Monitoring agencies, institutions, early intervention service providers, and organizations used by the state to carry …

Rule 24:14:02:05.01 State monitoring -- Primary focus. 24:14:02:05.01. State monitoring -- Primary focus. The department shall monitor the implementation of this article, enforce this article in accordance with §§ 24:14:02:05 and 24:14:02:05.06, and annually report on performance…

Rule 24:14:02:05.02 State monitoring -- Quantifiable indicators and priority areas. 24:14:02:05.02. State monitoring -- Quantifiable indicators and priority areas. The department shall monitor each Part C program using quantifiable indicators in each of the following priority are…

Rule 24:14:02:05.03 State performance plan -- General. 24:14:02:05.03. State performance plan -- General. The department shall have in place a performance plan that evaluates the state's efforts to implement the requirements and purposes of Part C of the IDEA, and describes how t…

Rule 24:14:02:05.04 State performance plan -- Data collection. 24:14:02:05.04. State performance plan -- Data collection. The department shall collect valid and reliable information as needed to report annually to the U.S. Secretary of Education on the indicators established by t…

24:14:02:05.05. State use of targets and reporting. The department shall use the targets established in the state's performance plan and the priority areas described in § 24:14:02:05.02 to analyze the performance of each Part C program in implementing Part C of IDEA. The departme…

24:14:02:05.06. State enforcement -- Determinations. On an annual basis, based on local Part C program performance data, information obtained through monitoring visits, and other information available, the department shall determine whether each Part C program meets the requireme…

Rule 24:14:02:06 Repealed. 24:14:02:06. Compliance monitoring reports.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:02:07 Central directory of information. 24:14:02:07. Central directory of information. 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 t…

Rule 24:14:02:08 Repealed. 24:14:02:08. Central directory requirements. Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 39 SDR 109, effective December 17, 2012.

Rule 24:14:02:09 Public awareness program. 24:14:02:09. Public awareness program. 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…

Rule 24:14:02:10 Program requirements. 24:14:02:10. Program requirements. 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 …

Rule 24:14:02:11 Contracting or arranging for services. 24:14:02:11. Contracting or arranging for services. In contracting or arranging for early intervention services with public or private individuals or agency service providers, the department shall require: (1) All early inte…

Rule 24:14:02:12 Coordination with early learning programs. 24:14:02:12. Coordination with early learning programs. 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 ch…

Rule 24:14:02:13 Public participation -- Federal application requirement. 24:14:02:13. Public participation -- Federal application requirement. At least 60 days prior to submitting the federal application for part C funding to the U.S. Department of Education, the department shal…

Rule 24:14:03:01 Repealed. 24:14:03:01. Resolution of complaints.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 26 SDR 153, effective May 22, 2000. Rule 24:14:03:01.01 Complaint. 24:14:03:01.01. Complaint. A complaint is a written signed statement by an individua…

Rule 24:14:03:01.01 Complaint. 24:14:03:01.01. Complaint. 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 prov…

Rule 24:14:03:01.02 Remedies. 24:14:03:01.02. Remedies. 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 appr…

Rule 24:14:03:02 Agencies subject to complaints. 24:14:03:02. Agencies subject to complaints. 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 ar…

Rule 24:14:03:03 Repealed. 24:14:03:03. Filing of complaint. Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 35 SDR 82, effective October 22, 2008.

24:14:03:04. Procedures for resolving complaints. If a complaint is made against a public agency or nonpublic service provider, the complaint resolution procedure is as follows: (1) The state director of the Part C program shall appoint a complaint investigator; (2) The complaina…

Rule 24:14:03:05 Time limits. 24:14:03:05. Time limits. 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 cir…

Rule 24:14:03:06 Repealed. 24:14:03:06. Time limit extension.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 26 SDR 153, effective May 22, 2000.

Rule 24:14:03:07 Repealed. 24:14:03:07. Appeal. Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:03:08 Information about complaint procedures. 24:14:03:08. Information about complaint procedures. The Part C program shall inform parents and other interested individuals, including parent training centers, protection and advocacy agencies, and other appropriate entit…

Rule 24:14:03:09 Complaints and due process hearings. 24:14:03:09. Complaints and due process hearings. 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 heari…

24:14:04:01. Services provided at no cost. 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) …

Rule 24:14:04:02 Repealed. 24:14:04:02. Services subject to payment. Repealed. Source: 20 SDR 223, effective July 7, 1994; 35 SDR 82, effective October 22, 2008; repealed, 39 SDR 109, effective December 17, 2012.

Rule 24:14:04:03 Repealed. 24:14:04:03. Fees. Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 39 SDR 109, effective December 17, 2012.

24:14:04:04. Early intervention services provided at no cost. The department may not charge fees for the individualized family service plan services that a child is otherwise entitled to receive at no cost to parents. Agency jurisdictional disputes may not result in the denial of…

Rule 24:14:04:04.01 Use of public benefits or insurance -- Enrollment. 24:14:04:04.01. Use of public benefits or insurance -- Enrollment. 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…

Rule 24:14:04:04.02 Use of public benefits or insurance -- Parental consent required. 24:14:04:04.02. Use of public benefits or insurance -- Parental consent required. The department shall obtain written consent to use a child's or parent's public benefits or insurance to pay for…

24:14:04:04.03. Use of public benefits or insurance -- Parental refusal to consent. If a parent does not provide consent to access public benefits or insurance to pay for Part C services, the Part C program must provide early intervention services on the individualized family ser…

Rule 24:14:04:04.04 Use of public benefits or insurance -- Parental notification 24:14:04:04.04. Use of public benefits or insurance -- Parental notification. The department shall provide written notification to a child's parents before using the child's or parent's public benefi…

24:14:04:04.05. Use of private insurance -- Parental consent required. 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 inclu…

24:14:04:04.06. Use of private insurance -- Parental refusal to consent. Early intervention services, as specified in the child's individualized family service plan (IFSP) and to which the parent has consented, may not be denied due to a parent's refusal to allow the parent's or …

24:14:04:04.07. Use of private insurance -- Copy of system of payments. When obtaining parental consent as 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…

Rule 24:14:04:05 Identification and coordination of resources. 24:14:04:05. Identification and coordination of resources. The department is responsible for the identification and coordination of all available resources for early intervention services within the state, including t…

Rule 24:14:04:06 Federal funding source. 24:14:04:06. Federal funding sources. 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…

Rule 24:14:04:06.01 Proceeds from public insurance and benefits or private insurance. 24:14:04:06.01. Proceeds from public insurance and benefits or private insurance. Proceeds from public insurance and benefits or private insurance are not treated as program income for purposes …

Rule 24:14:04:07 Interagency agreements. 24:14:04:07. Interagency agreements. The department shall enter into formal interagency agreements with other state level agencies involved in the Part C program. These agreements, at a minimum, must address financial responsibility for pa…

Rule 24:14:04:08 Agency resolution of disputes. 24:14:04:08. Agency resolution of disputes. The department shall ensure a timely resolution of individual disputes in accordance with the procedures in this chapter. This includes intra- and interagency disputes about payments for a…

24:14:04:09. Interagency dispute resolution procedures. Interagency disputes shall be reviewed and resolved by the department secretaries. If, in resolving the dispute, the department secretaries determine that the assignment of financial responsibility under this chapter was ina…

Rule 24:14:04:10 Payer of last resort. 24:14:04:10. Payer of last resort. Except as provided in § 24:14:04:11, funds under this article may not be used to satisfy a financial commitment for services that would otherwise have been paid for from another public or private source, in…

Rule 24:14:04:11 Service provision during pendency of dispute. 24:14:04:11. Service provision during pendency of dispute. During the pendency of a dispute, if necessary to prevent a delay in the timely provision of services to an eligible child or the child's family, the departme…

24:14:04:12. Payment for provision of early intervention services. The department shall pay providers for authorized services according to the established Medicaid rates, as referenced in § 67:16:02:01.01. Eligible early intervention services are reimbursed at the Medicaid rate. …

24:14:04:12.01. Reimbursement if travel is necessary solely to provide early intervention service. Reimbursement of travel is available to a service provider only if travel is necessary solely to provide early intervention services. If the service provider is required to travel t…

24:14:04:12.02. Reimbursement for travel to place of other employment. The travel between a service provider's home and that provider's other place of employment unless for the purpose of providing early intervention services, is not eligible for reimbursement if the provider tra…