S.D. Admin. R. 24:14:14:16.24

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

Section 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 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.

S.D. Admin. R. 24:14:14:16.24

35 SDR 82, effective 10/22/2008.

General Authority: SDCL 13-37-1.1.

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