Infants and toddlers, from birth to 36 months of age, inclusive, are eligible for services under this article if identified by providers of licensed health care and education services as:

1. (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:

   1. (a) cognitive development;
   2. (b) physical development, including vision and hearing, fine motor and gross motor;
   3. (c) communication development, including receptive or expressive;
   4. (d) social or emotional development; or
   5. (e) adaptive development;
2. (2) Born at 28 weeks gestation or less; or

3. (3) Having a diagnosed physical or mental condition that has a high probability of resulting in developmental delay.

   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 ; 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 .

Prior versions effective: 2009-12-08.