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          24:05:24.01:09.  Developmental delay defined. A student three, four, or five years old may be identified as a student with a disability if the student has one of the major disabilities listed in ยง 24:05:24.01:01 or if the student experiences a severe delay in development and needs special education and related services.


          A student with a severe delay in development functions at a developmental level two or more standard deviations below the mean in any one area of development specified in this section or 1.5 standard deviations below the mean in two or more areas of development.


          The areas of development are cognitive development, physical development, communication development, social or emotional development, and adaptive development.


          A district is not required to adopt and use the term developmental delay for any students within its jurisdiction. If a district uses the term developmental delay, the district must conform to both the department's definition of the term and to the age range that has been adopted by the department.


          A district shall ensure that all of the student's special education and related services needs that have been identified through the evaluation procedures described under chapter 24:05:25 are appropriately addressed.


          Source: 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007; 36 SDR 96, effective December 8, 2009; 40 SDR 40, effective September 11, 2013.

          General Authority: SDCL 13-37-1.1, 13-37-52.

          Law Implemented: SDCL 13-37-1.1, 13-37-52.


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