South Dakota Administrative Code

Rule 24:05:30:06.01 Procedural safeguards notice -- Availability. 24:05:30:06.01. Procedural safeguards notice -- Availability. A copy of the procedural safeguards available to the parents of a child with a disability must be given to the parents only one time a school year, exce…

Rule 24:05:30:06.02 Procedural safeguards notice -- Contents. 24:05:30:06.02. Procedural safeguards notice -- Contents. The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under this article and the state complaint proced…

Rule 24:05:30:06.03 Electronic mail. 24:05:30:06.03. Electronic mail. A parent of a child with a disability may elect to receive notices required by this chapter by an electronic mail communication, if the district makes that option available. Source: 33 SDR 236, effective July 5…

Rule 24:05:30:07 Repealed. 24:05:30:07. Impartial due process hearing. Repealed.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16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; repealed, 33 SDR 236, effective July 5, 2007.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 24:05:30:07.01 Filing a …

Rule 24:05:30:07.01 Filing a due process complaint. 24:05:30:07.01. Filing a due process complaint. A parent or a school district may file a due process complaint on any matters relating to the identification, evaluation or educational placement of a child with a disability, or t…

Rule 24:05:30:07.02 Timeline for filing a due process complaint. 24:05:30:07.02. Timeline for filing a due process complaint. A due process complaint shall allege a violation that occurred not more than two years before the date the parent or school district knew or should have k…

Rule 24:05:30:08 Free or low-cost services to parent. 24:05:30:08. Free or low-cost services to parent. The school district shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent or school district files a due process…

Rule 24:05:30:08.01 Due process complaint notice. 24:05:30:08.01. Due process complaint notice. A school district must have procedures that require either party or the attorney representing a party, to provide to the other party a due process complaint, which must remain confiden…

Rule 24:05:30:08.02 Content of due process complaint notice. 24:05:30:08.02. Content of due process complaint notice. The notice required in § 24:05:30:08.01 must include: (1) The name of the child; (2) The address of the residence of the child; (3) The name of the school the chi…

24:05:30:08.03. Sufficiency of due process complaint. The due process complaint filed pursuant to this chapter is deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within fifteen days of receipt of …

24:05:30:08.04. Decision of sufficiency of due process complaint. Within five days of receipt of the notification under § 24:05:30:08.03, the hearing officer must determine, on the face of the due process complaint, whether the due process complaint meets the requirements of § 24…

Rule 24:05:30:08.05 Amendment to due process complaint. 24:05:30:08.05. Amendment to due process complaint. A party may amend its due process complaint only if: (1) The other party consents in writing to the amendment and is given the opportunity to resolve the due process compla…

Rule 24:05:30:08.06 District response to due process complaint. 24:05:30:08.06. District response to due process complaint. If the district has not sent a prior written notice under this chapter to the parent regarding the subject matter contained in the parent's due process comp…

Rule 24:05:30:08.07 Other party response to due process complaint. 24:05:30:08.07. Other party response to due process complaint. Except as provided in § 24:05:30:08.06, the party receiving a due process complaint shall, within ten days of receiving the due process complaint, sen…

Rule 24:05:30:08.08 Model forms. 24:05:30:08.08. Model forms. The department shall develop model forms to assist parents and school districts in filing a due process complaint in accordance with this chapter and a state complaint under chapter 24:05:15. However, the department or…

Rule 24:05:30:08.09 Resolution meeting -- Participants. 24:05:30:08.09. Resolution meeting -- Participants. Within 15 days of receiving notice of the parent's due process complaint, and before the initiation of a due process hearing under this chapter, the district shall convene …

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 …