South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:14 - Early intervention program
Chapter 24:14:14 - Procedural safeguards
Section 24:14:14:16.24 - Decision of hearing officer
Current through Register Vol. 51, page 43, September 23, 2024
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 placed, or whether the child with a disability and his or her family were appropriately provided early intervention services under Part C.
In matters alleging a procedural violation, a hearing officer may find that a child did not receive appropriate identification, evaluation, placement, or provision of early intervention services for the child and the child's family under Part C only if the procedural inadequacies:
(1) Impeded the child's right to appropriate early intervention services; or
(2) Significantly impeded the parent's opportunity to participate in the decision-making process regarding these matters; or
(3) Caused a deprivation of educational or developmental benefit.
Nothing in this section precludes a hearing officer from ordering a public agency or a nonpublic service provider to comply with procedural requirements under this chapter.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
