24:14:07:02.  Children eligible for services. Infants and toddlers, birth to 36 months of age, inclusive, are eligible for services under this chapter if identified by providers of licensed health care and education services as:

          (1)  Demonstrating a developmental delay of at least a 1.5 standard deviation below the mean, as measured by appropriate diagnostic instruments and procedures in one or more of the following areas: cognitive development, physical development, including vision and hearing; communication development; social or emotional development; or adaptive development; or

          (2)  Having a diagnosed physical or mental condition that has a high probability of resulting in developmental delay or born at 28 weeks gestation or less.

          Determinations of a diagnosed physical or mental condition shall be based on medical diagnoses, including Down's syndrome and other chromosomal abnormalities; sensory impairments, including vision and hearing; inborn errors of metabolism; microcephaly; severe attachment disorders, including failure to thrive; seizure disorders; and fetal alcohol syndrome.

          Source: 20 SDR 223, effective July 7, 1994; 35 SDR 82, effective October 22, 2008; 36 SDR 96, effective December 8, 2009.

          General Authority: SDCL 13-37-1.1.

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

          Cross-Reference: Services for children less than three years of age, § 24:05:22:04.