Statutes, codes, and regulations
South Dakota Administrative Rules
Title 24 - EDUCATIONArticle 24:14 - Early intervention program
Chapter 24:14:02 - General administration
Section 24:14:02:05.06 - State enforcement - Determinations

S.D. Admin. R. 24:14:02:05.06

Download
PDF
Current through Register Vol. 51, page 67, December 16, 2024
Section 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 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.

S.D. Admin. R. 24:14:02:05.06

35 SDR 82, effective 10/22/2008; 49 SDR 7, effective 7/31/2022

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.