South Dakota Administrative Code

Rule 24:11:02:04 Duties of the executive secretary. 24:11:02:04. Duties of the executive secretary. 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 commissio…

Rule 24:11:02:05 Quorum for conducting business -- Majority vote needed. 24:11:02:05. Quorum for conducting business -- Majority vote needed. A majority of the members of the commission constitutes a quorum for the transaction of business. An affirmative vote of a majority of the…

Rule 24:11:02:06 Notice of meetings. 24:11:02:06. Notice of meetings. 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 mee…

Rule 24:11:02:07 Removal of elected officers. 24:11:02:07. Removal of elected officers. 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 membersh…

Rule 24:11:02:08 Regular meetings -- Time and place. 24:11:02:08. Regular meetings -- Time and place. 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. Source: 30 SDR 43, effe…

Rule 24:11:02:09 Special meetings -- How called and place. 24:11:02:09. Special meetings -- How called and place. 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 commissi…

Rule 24:11:03:01 Code of ethics for professional administrators. 24:11:03:01. Code of ethics for professional administrators. 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 ac…

Rule 24:11:04:01 Procedure for filing a complaint. 24:11:04:01. Procedure for filing a complaint. 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 Administr…

Rule 24:11:04:02 Investigation of complaint -- Notice of initial decision. 24:11:04:02. Investigation of complaint -- Notice of initial decision. When a complaint has been filed, the commission shall send a copy of the complaint to the respondent. If the commission decides to con…

Rule 24:11:04:03 Commission hearing procedure. 24:11:04:03. Commission hearing procedure. 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…

Rule 24:11:04:04 Confidentiality of private hearing. 24:11:04:04. Confidentiality of private hearing. 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…

24:14:01:01. Definitions. Terms used in this article mean: (1) "Contractor," a public or private nonprofit agency, organization, institution, Indian tribal organization, or individual, who has been awarded a department contract for the provision of service coordination and early …

Rule 24:14:01:02 Repealed. 24:14:01:02. Foster parent. Repealed. Source: 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.

24:14:01:03. Parent. 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 genera…

Rule 24:14:02:01 Applicability. 24:14:02:01. Applicability. 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 …

Rule 24:14:02:02 Entitlement to services. 24:14:02:02. Entitlement to services. 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 w…

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.