South Dakota Administrative Code

24:14:13:05. Transition from Part C program. An individualized family service plan (IFSP) team shall ensure the transition of a child participating in the Part C program under this article who is eligible for participation in preschool programs under Part B. This requirement incl…

Rule 24:14:13:05.01 Transition -- Intraagency agreement. 24:14:13:05.01. Transition -- Intraagency agreement. The department shall develop and implement an intraagency agreement between the state special education program and Part C program that includes the following: (1) Notifi…

24:14:13:06. Participation in individualized family service plan meetings and periodic reviews. The initial meeting and each annual meeting to evaluate the individualized family service plan (IFSP) must include the following participants: (1) The parent or parents of the child; (…

24:14:13:07. Provision of services before completion of evaluation and assessment. Early intervention services for an eligible child and the child's family may begin before the completion of the evaluation and assessment under the following circumstances: (1) Parental consent is …

24:14:13:08. Responsibility and accountability for individualized family service plan. Each agency or person who has a direct role in the provision of early intervention services is responsible for making a good faith effort to assist each eligible child in achieving the outcomes…

Rule 24:14:14:01 Repealed. 24:14:14:01. Procedural safeguards.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002. Rule 24:14:14:01.01 Consent. 24:14:14:01.01. Consent. Consent means that: (1) The parent has been fully informed o…

Rule 24:14:14:01.01 Consent. 24:14:14:01.01. Consent. Consent means that: (1) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent's native language as defined in § 24:14:01:01(13). (2) The parent understands an…

24:14:14:02. Opportunity to examine records. The parents of a child, who is referred to or receives services under this article, must be afforded the opportunity to inspect and review all Part C records about the child and the child's family that are collected, maintained, or use…

Rule 24:14:14:03 Prior written notice. 24:14:14:03. Prior written notice. Prior written notice must be provided to the parents five days before a public agency or service provider proposes or refuses to initiate or change the identification, evaluation, or placement of their chil…

Rule 24:14:14:04 Native language. 24:14:14:04. Native language. Prior written notice must be given to the parents in written language understandable to the general public and provided in the native language of the parents, as defined in § 24:14:01:01(13), or other mode of communi…

Rule 24:14:14:05 Parental consent. 24:14:14:05. Parental consent. The department shall ensure parental consent is obtained before: (1) Administering screening procedures that are used to determine whether a child is suspected of having a disability; (2) All evaluations and assess…

Rule 24:14:14:06 Parents' right to decline service. 24:14:14:06. Parents' right to decline service. The parents of an eligible child may determine whether they, their child, or other family members will accept or decline any early intervention service under this article at any ti…

Rule 24:14:14:07 Surrogate parent. 24:14:14:07. Surrogate parent. The rights of a child must be protected by a surrogate parent if no parent can be identified and the contractor, after reasonable effort, cannot locate a parent or if the child is a ward of the state. Source: 20 SD…

Rule 24:14:14:08 Repealed. 24:14:14:08. Determining need for surrogate parent.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:14:09 Assigning a surrogate parent. 24:14:14:09. Assigning a surrogate parent. The service coordinator in conjunction with the local education agency as appropriate shall identify individuals at the agency and service provider level who may be appointed as surrogate pa…

Rule 24:14:14:10 Surrogate not to be employee of agency. 24:14:14:10. Surrogate not to be employee of agency. A person assigned as a surrogate parent may not be an employee of any state agency, or a person or an employee of a person providing early intervention services, educatio…

Rule 24:14:14:11 Responsibilities of surrogate parent. 24:14:14:11. Responsibilities of surrogate parent. A surrogate parent has the same rights as a parent for all purposes under Part C. Source: 20 SDR 223, effective July 7, 1994; 39 SDR 109, effective December 17, 2012. General…

Rule 24:14:14:12 Repealed. 24:14:14:12. Administrative hearings. Repealed. Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:14:13 Repealed. 24:14:14:13. Hearing issues. 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 24:14:14:14 Repealed. 24:14:14:14. Initiating an administrative hearing. 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 24:14:14:15 Mediation process. 24:14:14:15. Mediation process. The department shall ensure that procedures are established and implemented to allow parties to disputes involving any matter under this article, including matters arising before the filing of a due process compl…

Rule 24:14:14:16 Appointment of mediator. 24:14:14:16. Appointment of mediator. The mediation process shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The department shall maintain a list of individuals who are qualified m…

Rule 24:14:14:16.01 Mediation agreement. 24:14:14:16.01. Mediation agreement. If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that: (1) States that all discussions that occur…

Rule 24:14:14:16.02 Meeting to encourage mediation. 24:14:14:16.02. Meeting to encourage mediation. The department may establish procedures to offer to parents and a public agency or nonpublic service provider who elect not to use the mediation process the opportunity to meet, at…

Rule 24:14:14:16.03 Filing a due process complaint. 24:14:14:16.03. Filing a due process complaint. A parent, the department, a contractor, a public agency, or a nonpublic service provider may file a due process complaint on any matter relating to the identification, evaluation, …

Rule 24:14:14:16.04 Timeline for filing a due process complaint. 24:14:14:16.04. Timeline for filing a due process complaint. 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 p…

Rule 24:14:14:16.05 Free or low-cost services to parent. 24:14:14:16.05. Free or low-cost services to parent. 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 servic…

Rule 24:14:14:16.06 Due process complaint notice. 24:14:14:16.06. Due process complaint notice. 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 complain…

Rule 24:14:14:16.07 Content of due process complaint notice. 24:14:14:16.07. Content of due process complaint notice. 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…

Rule 24:14:14:16.08 Sufficiency of complaint. 24:14:14:16.08. Sufficiency of complaint. 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, wi…

Rule 24:14:14:16.09 Decision on sufficiency of complaint. 24:14:14:16.09. Decision on sufficiency of complaint. 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 wheth…

Rule 24:14:14:16.10 Amendment to due process complaint. 24:14:14:16.10. Amendment to due process complaint. 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 compla…

Rule 24:14:14:16.11 Agency or provider response to due process complaint. 24:14:14:16.11. Agency or provider response to due process complaint. If a public agency or nonpublic service provider has not sent a prior written notice under this chapter to the parent regarding the subj…

Rule 24:14:14:16.12 Other party response to due process complaint. 24:14:14:16.12. Other party response to due process complaint. 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…

Rule 24:14:14:16.13 Resolution meeting -- Participants. 24:14:14:16.13. Resolution meeting -- Participants. 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 nonpub…

Rule 24:14:14:16.14 Resolution meeting -- Purpose. 24:14:14:16.14. Resolution meeting -- Purpose. 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…

Rule 24:14:14:16.15 Resolution meeting -- Waive or mediate. 24:14:14:16.15. Resolution meeting -- Waive or mediate. 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 par…

24:14:14:16.16. Resolution period -- General. If the public agency or nonpublic service provider has not resolved a due process complaint to the satisfaction of the parties involved within 30 days of the receipt of the due process complaint, a due process hearing may occur. Excep…

Rule 24:14:14:16.17 Dismissal of complaint or initiation of hearing. 24:14:14:16.17. Dismissal of complaint or initiation of hearing. If the public agency or nonpublic service provider is unable to obtain the participation of the parent in the resolution meeting after efforts hav…

Rule 24:14:14:16.18 Adjustments to 30-day resolution period. 24:14:14:16.18. Adjustments to 30-day resolution period. 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 w…

Rule 24:14:14:16.19 Written settlement agreement. 24:14:14:16.19. Written settlement agreement. 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…

Rule 24:14:14:16.20 Impartial due process hearing. 24:14:14:16.20. Impartial due process hearing. 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 imp…

Rule 24:14:14:16.21 Subject matter of due process hearings. 24:14:14:16.21. Subject matter of due process hearings. 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 chap…

Rule 24:14:14:16.22 Timeline for requesting a due process hearing. 24:14:14:16.22. Timeline for requesting a due process hearing. 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 d…

Rule 24:14:14:16.23 Impartial hearing officer. 24:14:14:16.23. Impartial hearing officer. 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 ear…

Rule 24:14:14:16.24 Decision of hearing officer. 24:14:14:16.24. Decision of hearing officer. 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…

Rule 24:14:14:17 Repealed. 24:14:14:17. Conflicts of interest prohibited. Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.