24:14:12:04. Nondiscrimination. The evaluation and assessment of children and families under this article must meet the following requirements for nondiscrimination:
(1) Tests and other evaluation and assessment materials and procedures must be administered in the native language of the parents and the other family members being assessed pursuant to § 24:14:01:01(13), unless it is clearly not feasible to do so;
(2) Any assessment and evaluation procedures and materials must be selected and administered so as not to be racially or culturally biased;
(3) No single procedure may be used as the sole criteria for determining a child's eligibility under this article;
(4) Evaluations and assessments must be conducted by qualified personnel; and
(5) Any test for a child with impaired sensory, manual, or speaking skils must be selected and administered to best reflect the child's aptitude or the achievement level of the factors measured by the test, rather than reflecting the child's impaired skills.
Source: 20 SDR 223, effective July 7, 1994; 39 SDR 109, effective December 17, 2012; 49 SDR 7, effective July 31, 2022.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
24:14:12:04.01. Determination child not eligible. If, based on the evaluation conducted under this chapter, the department determines that a child is not eligible under this article, the department shall provide the parent with prior written notice, and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms, such as requesting a due process hearing or mediation or filing a state complaint.
Source: 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
