South Dakota Administrative Code

Rule 24:14:14:19 Convenience of hearing. 24:14:14:19. Convenience of hearing. 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. Source: 20 SDR 2…

Rule 24:14:14:20 Timelines for hearing. 24:14:14:20. Timelines for hearing. 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 o…

24:14:14:21. Appeal of administrative decision. Any party aggrieved by the findings and decisions of the hearing officer under this article may bring a civil action under the Individuals with Disabilities Education Act (IDEA). A civil action may be filed in either state or federa…

Rule 24:14:14:22 Status of child during proceedings. 24:14:14:22. Status of child during proceedings. 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 m…

Rule 24:14:15:01 Repealed. 24:14:15:01. Procedures on confidentiality of information.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:15:02 Definitions. 24:14:15:02. Definitions. 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 …

Rule 24:14:15:02.01 Confidentiality procedures -- General. 24:14:15:02.01. Confidentiality procedures -- General. 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, i…

Rule 24:14:15:02.02 Applicability and timeframe of procedures. 24:14:15:02.02. Applicability and timeframe of procedures. The confidentiality procedures described in this chapter apply to the personally identifiable information of a child and the child's family that: (1) Is conta…

Rule 24:14:15:02.03 Notice to parents. 24:14:15:02.03. Notice to parents. 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 o…

Rule 24:14:15:03 Annual notification of rights. 24:14:15:03. Annual notification of rights. 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 stat…

24:14:15:04. Access rights. Each contractor or participating agency shall permit parents to inspect and review any early intervention records relating to their child that are collected, maintained, or used by the contractor under this article. The contractor shall comply with a r…

Rule 24:14:15:05 Record of access. 24:14:15:05. Record of access. 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 emplo…

Rule 24:14:15:06 Records on more than one child. 24:14:15:06. Records on more than one child. 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 i…

Rule 24:14:15:07 List of types and locations of information. 24:14:15:07. List of types and locations of information. 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. …

Rule 24:14:15:08 Fees. 24:14:15:08. Fees. 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 re…

Rule 24:14:15:09 Amendment of records at parent's request. 24:14:15:09. Amendment of records at parent's request. A parent who believes that information in early intervention records collected, maintained, or used under this article is inaccurate or misleading or violates the pri…

Rule 24:14:15:10 Opportunity for a hearing. 24:14:15:10. Opportunity for a hearing. 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 inaccur…

Rule 24:14:15:11 Hearing procedures. 24:14:15:11. Hearing procedures. 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 g…

Rule 24:14:15:12 Result of hearing. 24:14:15:12. Result of hearing. 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 s…

Rule 24:14:15:12.01 Disclosure of information. 24:14:15:12.01. Disclosure of information. 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 identifiab…

Rule 24:14:15:13 Consent. 24:14:15:13. Consent. 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 infor…

Rule 24:14:15:14 Safeguards. 24:14:15:14. Safeguards. 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 contrac…

Rule 24:14:15:15 Destruction of information. 24:14:15:15. Destruction of information. 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 …

Rule 24:14:15:16 Enforcement. 24:14:15:16. Enforcement. The department shall ensure that all agencies, institutions, and organizations used by the state to carry out this article comply with the requirements on confidentiality of information through sanctions, on-site monitoring,…

24:14:16:01. Comprehensive system of personnel development. The department shall ensure the development and implementation of a comprehensive system of personnel development, including the training of primary referral sources with respect to the basic components of early interven…

Rule 24:14:16:02 Personnel standards. 24:14:16:02. Personnel standards. Procedures relating to the establishment and maintenance of standards to ensure that personnel necessary to carry out the purposes of this chapter are appropriately and adequately prepared and trained are con…

Rule 24:14:16:03 Shortage of personnel. 24:14:16:03. Shortage of personnel. The department may adopt a policy that includes making ongoing good-faith efforts to recruit and hire appropriately and adequately trained personnel to provide early intervention services to infants and t…

Rule 24:15:01:01 Repealed. 24:15:01:01. Definitions. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 28 SDR 43, effective August 23, 2001; SL 2003, ch 113, § 1, effective July 1, 2003; 30 SDR 26, effective September 3, 2003; 31 SDR 43, effective Oc…

Rule 24:15:01:02 Repealed. 24:15:01:02. Professional development plans. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 27 SDR 32, effective October 11, 2000; repealed, 34 SDR 322, effective July 1, 2008.

Rule 24:15:02:01 Repealed. 24:15:02:01. Certificate description. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective July 3, 2017.

Rule 24:15:02:02 Repealed. 24:15:02:02. Level of academic preparation. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 43 SDR 175, effective July 3, 2017.

Rule 24:15:02:03 Repealed. 24:15:02:03. Validity of certificate. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 31 SDR 178, effective May 24, 2005; 32 SDR 145, effective March 14, 2006; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective Jul…

Rule 24:15:02:04 Repealed. 24:15:02:04. Professional preparation. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 43 SDR 175, effective July 3, 2017.

Rule 24:15:02:05 Repealed. 24:15:02:05. Content/area authorization. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective July 3, 2017.

Rule 24:15:02:06 Repealed. 24:15:02:06. Age/grade span authorization. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective July 3, 2017.

Rule 24:15:02:07 Repealed. 24:15:02:07. Applicability of requirements. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; repealed, 36 SDR 169, effective May 11, 2010.

Rule 24:15:02:08 Repealed. 24:15:02:08. State certification exam requirements. Repealed. Source: 30 SDR 26, effective September 3, 2003; 32 SDR 41, effective September 11, 2005; 33 SDR 188, effective May 15, 2007; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective July 3, …

Rule 24:15:03:01 Repealed. 24:15:03:01. Application process for certification. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 30 SDR 26, effective September 3, 2003; 32 SDR 41, effective September 11, 2005; 36 SDR 169, effective May 11, 2010; 43 S…

Rule 24:15:03:02 Repealed. 24:15:03:02. Five-year certificate. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 28 SDR 43, effective August 23, 2001; 30 SDR 26, effective September 3, 2003; 32 SDR 145, effective March 14, 2006; 33 SDR 55, effective …

Rule 24:15:03:03 Repealed. 24:15:03:03. Two-year alternative certificate. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 27 SDR 32, effective October 11, 2000; 32 SDR 41, effective September 11, 2005; 34 SDR 322, effective July 1, 2008; 36 SDR 169…

Rule 24:15:03:03.01 Repealed. 24:15:03:03.01. One-year certificate. Repealed. Source: 27 SDR 32, effective October 11, 2000; 31 SDR 178, effective May 24, 2005; 32 SDR 41, effective September 11, 2005; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective July 3, 2017.

Rule 24:15:03:04 Repealed. 24:15:03:04. Revoke, suspend, or void a certificate. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 31 SDR 129, effective March 22, 2005; repealed, 42 SDR 35, effective September 14, 2015.

Rule 24:15:03:05 Repealed. 24:15:03:05. Fee for a South Dakota certificate. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 27 SDR 32, effective October 11, 2000; 35 SDR 253, adopted May 11, 2009, effective July 1, 2011; 36 SDR 169, effective May 1…

Rule 24:15:03:06 Repealed. 24:15:03:06. Renewal process. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 30 SDR 26, effective September 3, 2003; 30 SDR 58, adopted October 16, 2003, effective October 1, 2005; 32 SDR 41, effective September 11, 2005…

Rule 24:15:03:07 Repealed. 24:15:03:07. Additional authorizations. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 30 SDR 26, effective September 3, 2003; 34 SDR 322, effective July 1, 2008; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effective…

Rule 24:15:03:08 Repealed. 24:15:03:08. Restrictions on additional authorizations. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 27 SDR 32, effective October 11, 2000; 32 SDR 41, effective September 11, 2005; 34 SDR 127, effective November 14, 20…

Rule 24:15:03:09 Repealed. 24:15:03:09. Updating a lapsed certificate. Repealed. Source: 24 SDR 160, adopted May 8, 1998, effective September 1, 2000; 31 SDR 178, effective May 24, 2005; 32 SDR 41, effective September 11, 2005; 36 SDR 169, effective May 11, 2010; 43 SDR 175, effe…