South Dakota Administrative Code

Rule 24:05:30:08.10 Resolution meeting -- Purpose. 24:05:30:08.10. Resolution meeting -- Purpose. The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the…

Rule 24:05:30:08.11 Resolution meeting -- Waive or mediate. 24:05:30:08.11. Resolution meeting -- Waive or mediate. The resolution meeting need not be held if: (1) The parent and the district agree in writing to waive the meeting; or (2) The parent and the district agree to use t…

24:05:30:08.12. Thirty-day resolution period -- General. If the district has not resolved the due process complaint to the satisfaction of the parent within thirty days of the receipt of the due process complaint, the due process hearing may occur. Except as provided in § 24:05:3…

24:05:30:08.13. Dismissal of due process complaint or initiation of hearing. At the conclusion of the thirty-day resolution period, if the district is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented…

Rule 24:05:30:08.14 Adjustments to 30-day resolution period. 24:05:30:08.14. Adjustments to 30-day resolution period. The 45-day timeline for the due process hearing described in this chapter starts the day after one of the following events: (1) Both parties agree in writing to w…

Rule 24:05:30:08.15 Written settlement agreement. 24:05:30:08.15. Written settlement agreement. If a resolution to the dispute is reached at the meeting described in §§ 24:05:30:08.09 and 24:05:30:08.10, the parties shall execute a legally binding agreement that is: (1) Signed by…

Rule 24:05:30:09 Mediation. 24:05:30:09. Mediation. Each school district shall ensure that procedures are established and implemented to allow parties to disputes involving any matter under this article, including matters arising before the filing of a due process complaint, to r…

Rule 24:05:30:09.01 Mediator -- Qualified and impartial. 24:05:30:09.01. Mediator -- Qualified and impartial. The mediation process shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The department shall maintain a list of i…

Rule 24:05:30:09.02 Meeting to encourage mediation. 24:05:30:09.02. Meeting to encourage mediation. A school district may establish procedures to offer to parents and schools who elect not to use the mediation process to meet, at a time and location convenient to the parents, wit…

Rule 24:05:30:09.03 Mediation agreement. 24:05:30:09.03. Mediation agreement. If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that: (1) States that all discussions that occur…

24:05:30:09.04. Impartial due process hearing--Convenience of hearing. If a due process complaint is received under this chapter, chapter 24:05:26, or chapter 24:05:26.01, the department shall ensure that the parents and the district involved in the dispute receive an impartial d…

Rule 24:05:30:09.05 Subject matter of due process hearings. 24:05:30:09.05. Subject matter of due process hearings. The party requesting the due process hearing may not raise issues at the due process hearing that were not raised in the due process complaint filed under this chap…

Rule 24:05:30:09.06 Timeline for requesting a due process hearing. 24:05:30:09.06. Timeline for requesting a due process hearing. A parent or district shall request an impartial hearing on their due process complaint within two years of the date the parent or district knew or sho…

Rule 24:05:30:10 Impartial hearing officer. 24:05:30:10. Impartial hearing officer. A hearing may not be conducted by a person who is an employee of the department or a school district which is involved in the education or care of the child or by any person having a personal or p…

Rule 24:05:30:10.01 Decision of hearing officer. 24:05:30:10.01. Decision of hearing officer. Subject to the provisions of this section, a hearing officer's determination of whether a child received FAPE shall be based on substantive grounds. In matters alleging a procedural viol…

24:05:30:11. Appeal of hearing decision -- Civil action. Any party aggrieved by the decision of the hearing officer under this chapter or chapters 24:05:26 or 24:05:26.01 may bring a civil action with respect to a due process complaint notice requesting a due process hearing unde…

Rule 24:05:30:11.01 Reasonable attorneys' fees. 24:05:30:11.01. Reasonable attorneys' fees. In any action or proceeding brought under 20 U.S.C. § 1415, the court, in its discretion, may award reasonable attorneys' fees under 20 U.S.C. § 1415(i)(3) as in effect on December 3, 2004…

Rule 24:05:30:12 Hearing rights. 24:05:30:12. Hearing rights. Any party to a hearing, under this chapter or chapters 24:05:26 and 24:05:26.01, has the right to: (1) Be accompanied and advised by counsel and by individuals with special knowledge or training concerning the problems…

Rule 24:05:30:12.01 Additional disclosure of information. 24:05:30:12.01. Additional disclosure of information. At least five business days prior to a hearing conducted under this chapter, each party shall disclose to all other parties all evaluations completed by that date and r…

24:05:30:13. Time limit for final decision of hearings. The hearing officer shall reach a final decision on the hearing not later than forty-five calendar days after the expiration of the thirty-day resolution period under § 24:05:30:08.12 or adjusted time period described in § 2…

Rule 24:05:30:14 Child's status during proceedings. 24:05:30:14. Child's status during proceedings. Except as provided in chapters 24:05:26 and 24:05:26.01, during the pendency of any administrative hearing or judicial proceeding regarding a due process complaint notice requestin…

Rule 24:05:30:15 Surrogate parents. 24:05:30:15. Surrogate parents. Each school district shall establish procedures for the assignment of a surrogate parent to ensure that the rights of a child are protected if no parent, as defined in § 24:05:13:04, can be identified and the dis…

Rule 24:05:30:16 Repealed. Repealed. 24:05:30:16. Continuation as surrogate parent. Repealed. Source: 16 SDR 68, effective October 15, 1989; 23 SDR 31, effective September 8, 1996; repealed, 33 SDR 236, effective July 5, 2007. Rule 24:05:30:16.01 Transfer of parental rights. 24:0…

Rule 24:05:30:16.01 Transfer of parental rights. 24:05:30:16.01. Transfer of parental rights. Consistent with state law, when a child with a disability reaches the age of majority that applies to all children, except for an eligible child who has been determined to be incompetent…

Rule 24:05:30:17 Repealed. 24:05:30:17. Consent. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.

Rule 24:05:31:01 Applicability. 24:05:31:01. Applicability. The provisions of this chapter apply to eligible children who are or have been placed in or referred to a private school or facility by a school district as a means of providing special education or special education and…

Rule 24:05:31:02 Responsibility of department. 24:05:31:02. Responsibility of department. The department shall ensure that an eligible child who is placed in or referred to a private school or facility by a school district is provided special education or special education and re…

Rule 24:05:31:03 Implementation by division. 24:05:31:03. Implementation by department. The department shall do the following to implement this chapter: (1) Monitor compliance with this chapter through procedures such as written reports, on-site visits, and parent questionnaires;…

Rule 24:05:31:04 Placement of children by parents. 24:05:31:04. Placement of children by parents. If an eligible child has available a free appropriate public education and the parents choose to place the child in a private school or facility, the public agency is not required by…

Rule 24:05:31:05 Reimbursement for private school placement. 24:05:31:05. Reimbursement for private school placement. If the parents of an eligible child, who previously received special education and related services under the authority of a school district, enroll the child in …

Rule 24:05:31:06 Limitation on reimbursement. 24:05:31:06. Limitation on reimbursement. The cost of reimbursement described in § 24:05:31:05 may be reduced or denied if: (1) At the most recent individualized education program team meeting that the parents attended before removal …

Rule 24:05:31:07 Exceptions to limitation on reimbursement. 24:05:31:07. Exceptions to limitation on reimbursement. Notwithstanding the notice requirements in § 24:05:31:06, the cost of reimbursement may not be reduced or denied for failure to provide notice if: (1) Compliance wi…

Rule 24:05:32:01 Responsibility of department. 24:05:32:01. Responsibility of department. The department is responsible for ensuring the participation of eligible parentally-placed private school children in the program assisted or carried out under this article consistent with t…

Rule 24:05:32:01.01 Child find. 24:05:32:01.01. Child find. Each district shall establish a child find process to locate, identify, and evaluate all private school children with disabilities, including religious elementary and secondary school children and children receiving alte…

Rule 24:05:32:01.02 Expenditures. 24:05:32:01.02. Expenditures. To meet the requirements of § 24:05:32:01, each school district must spend the following amounts on providing special education and related services including direct services to parentally-placed private school child…

Rule 24:05:32:01.03 Child count. 24:05:32:01.03. Child count. Each school district shall: (1) After timely and meaningful consultation with representatives of parentally-placed private school children, determine the number of eligible children attending private schools located in…

Rule 24:05:32:01.04 No individual right to special education and related services. 24:05:32:01.04. No individual right to special education and related services. No parentally-placed private school child with a disability has an individual right to receive some or all of the spec…

Rule 24:05:32:01.05 Consultation. 24:05:32:01.05. Consultation. To ensure timely and meaningful consultation, a school district, or, if appropriate, the department shall consult with private school representatives and representatives of parents of parentally-placed private school…

Rule 24:05:32:01.06 Written affirmation. 24:05:32:01.06. Written affirmation. When timely and meaningful consultation, as required by § 24:05:32:01.05, has occurred, the district shall obtain a written affirmation signed by the representatives of participating private schools. If…

Rule 24:05:32:01.07 Compliance. 24:05:32:01.07. Compliance. A private school official has the right to submit a complaint to the department that the school district did not engage in consultation that was meaningful and timely or did not give due consideration to the views of the…

Rule 24:05:32:02 Repealed. 24:05:32:02. Requirements to be met by school districts.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:03 Repealed. 24:05:32:03. Consideration of benefits by school districts. Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007. Rule 24:05:32…

Rule 24:05:32:03.01 Services plan. 24:05:32:03.01. Services plan. If a child with a disability is enrolled in a religious or other private school, by the child's parent, and will receive special education or related services from the district, the district shall: (1) Initiate and…

Rule 24:05:32:03.02 Services provided. 24:05:32:03.02. Services provided. The services provided to parentally-placed private school children with disabilities must be provided by personnel meeting the same standards as personnel providing services in the public schools except tha…

Rule 24:05:32:03.03 Location of services and transportation. 24:05:32:03.03. Location of services and transportation. Services provided to eligible parentally-placed private school children may be provided on the premises of a child's private school, including a religious school,…

Rule 24:05:32:03.04 Complaints. 24:05:32:03.04. Complaints. The due process hearing and mediation procedures in chapter 24:05:30 do not apply to complaints that a school district has failed to meet the requirements of this chapter, including the provision of services indicated on…

Rule 24:05:32:04 Repealed. 24:05:32:04. School district to make determinations on a comparable basis.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:05 Repealed. 24:05:32:05. Benefits to be comparable.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:06 Repealed. 24:05:32:06. Funding programs to be comparable.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.

Rule 24:05:32:07 Repealed. 24:05:32:07. Different needs require different programs.Repealed. Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; repealed, 26 SDR 150, effective May 22, 2000.