South Dakota Administrative Code

Rule 24:14:14:12 Repealed. 24:14:14:12. Administrative hearings. Repealed. Source: 20 SDR 223, effective July 7, 1994; 28 SDR 105, effective January 31, 2002; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:14:13 Repealed. 24:14:14:13. Hearing issues. Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:14:14 Repealed. 24:14:14:14. Initiating an administrative hearing. Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:14:15 Mediation process. 24:14:14:15. Mediation process. The department 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 compl…

Rule 24:14:14:16 Appointment of mediator. 24:14:14:16. Appointment of mediator. 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 individuals who are qualified m…

Rule 24:14:14:16.01 Mediation agreement. 24:14:14:16.01. 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…

Rule 24:14:14:16.02 Meeting to encourage mediation. 24:14:14:16.02. Meeting to encourage mediation. The department may establish procedures to offer to parents and a public agency or nonpublic service provider who elect not to use the mediation process the opportunity to meet, at…

Rule 24:14:14:16.03 Filing a due process complaint. 24:14:14:16.03. Filing a due process complaint. A parent, the department, a contractor, a public agency, or a nonpublic service provider may file a due process complaint on any matter relating to the identification, evaluation, …

Rule 24:14:14:16.04 Timeline for filing a due process complaint. 24:14:14:16.04. Timeline for filing a due process complaint. A due process complaint may not allege a violation that occurred more than two years before the date the parent, a public agency, or a nonpublic service p…

Rule 24:14:14:16.05 Free or low-cost services to parent. 24:14:14:16.05. Free or low-cost services to parent. The department shall inform the parent of any free or low-cost legal and other relevant services available in the area if the parent, a public agency, or nonpublic servic…

Rule 24:14:14:16.06 Due process complaint notice. 24:14:14:16.06. Due process complaint notice. A public agency or nonpublic service provider must have procedures that require either party, or the attorney representing a party, to provide to the other party a due process complain…

Rule 24:14:14:16.07 Content of due process complaint notice. 24:14:14:16.07. Content of due process complaint notice. The notice required in § 24:14:14:16.06 must include: (1) The name of the child; (2) The address of the residence of the child; (3) The name of the Part C service…

Rule 24:14:14:16.08 Sufficiency of complaint. 24:14:14:16.08. Sufficiency of complaint. The due process complaint required in § 24:14:14:16.06 is deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, wi…

Rule 24:14:14:16.09 Decision on sufficiency of complaint. 24:14:14:16.09. Decision on sufficiency of complaint. Within five days of receipt of the notification under § 24:14:14:16.08, the hearing officer shall make a determination on the face of the due process complaint of wheth…

Rule 24:14:14:16.10 Amendment to due process complaint. 24:14:14:16.10. 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 24:14:14:16.11 Agency or provider response to due process complaint. 24:14:14:16.11. Agency or provider response to due process complaint. If a public agency or nonpublic service provider has not sent a prior written notice under this chapter to the parent regarding the subj…

Rule 24:14:14:16.12 Other party response to due process complaint. 24:14:14:16.12. Other party response to due process complaint. Except as provided in § 24:14:14:16.11, the party receiving a due process complaint shall, within 10 days of receiving the due process complaint, send…

Rule 24:14:14:16.13 Resolution meeting -- Participants. 24:14:14:16.13. 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 public agency or nonpub…

Rule 24:14:14:16.14 Resolution meeting -- Purpose. 24:14:14:16.14. 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 24:14:14:16.15 Resolution meeting -- Waive or mediate. 24:14:14:16.15. Resolution meeting -- Waive or mediate. The resolution meeting need not be held if: (1) The parent and the public agency or nonpublic service provider agree in writing to waive the meeting; or (2) The par…

24:14:14:16.16. Resolution period -- General. If the public agency or nonpublic service provider has not resolved a due process complaint to the satisfaction of the parties involved within 30 days of the receipt of the due process complaint, a due process hearing may occur. Excep…

Rule 24:14:14:16.17 Dismissal of complaint or initiation of hearing. 24:14:14:16.17. Dismissal of complaint or initiation of hearing. If the public agency or nonpublic service provider is unable to obtain the participation of the parent in the resolution meeting after efforts hav…

Rule 24:14:14:16.18 Adjustments to 30-day resolution period. 24:14:14:16.18. Adjustments to 30-day resolution period. The 30-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 24:14:14:16.19 Written settlement agreement. 24:14:14:16.19. Written settlement agreement. If a resolution to the dispute is reached at the meeting described in §§ 24:14:14:16.13 and 24:14:14:16.14, the parties shall execute a legally binding agreement that is: (1) Signed by…

Rule 24:14:14:16.20 Impartial due process hearing. 24:14:14:16.20. Impartial due process hearing. If a due process complaint is received under this chapter, the parents or the public agency or nonpublic service provider involved in the dispute shall have an opportunity for an imp…

Rule 24:14:14:16.21 Subject matter of due process hearings. 24:14:14:16.21. 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 24:14:14:16.22 Timeline for requesting a due process hearing. 24:14:14:16.22. Timeline for requesting a due process hearing. A parent or a public agency or a nonpublic service provider must request an impartial hearing on their due process complaint within two years of the d…

Rule 24:14:14:16.23 Impartial hearing officer. 24:14:14:16.23. Impartial hearing officer. A hearing may not be conducted by a person who is an employee of the department, by a person who is an employee of a public agency or a nonpublic service provider that is involved in the ear…

Rule 24:14:14:16.24 Decision of hearing officer. 24:14:14:16.24. Decision of hearing officer. Subject to the provisions of this section, a hearing officer shall make a determination, based on substantive grounds, of whether the child was appropriately identified, or evaluated, or…

Rule 24:14:14:17 Repealed. 24:14:14:17. Conflicts of interest prohibited. Repealed. Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; repealed, 35 SDR 82, effective October 22, 2008.

Rule 24:14:14:18 Hearing rights. 24:14:14:18. Hearing rights. Any party to a hearing under this article may: (1) Be accompanied and advised by counsel and by individuals with special knowledge of or training with respect to the problems of children with disabilities under this ar…

Rule 24:14:14:18.01 Additional disclosure of information. 24:14:14:18.01. Additional disclosure of information. At least five business days before a hearing conducted under this chapter, each party shall disclose to all other parties all evaluations completed by that date and rec…

Rule 24:14:14:18.02 Attorney fees. 24:14:14:18.02. Attorney fees. Due process hearings regarding Part C of IDEA are not eligible for attorney fees. School districts assume financial responsibility for attorney fees in a due process hearing, in accordance with § 24:05:30:11.01, on…

Rule 24:14:14:19 Convenience of hearing. 24:14:14:19. Convenience of hearing. A proceeding for implementing the administrative hearing process in this chapter must be carried out at a time and place that is reasonably convenient to the parents and child involved. Source: 20 SDR 2…

Rule 24:14:14:20 Timelines for hearing. 24:14:14:20. Timelines for hearing. The department shall ensure that no later than 30 days after the expiration of the 30-day period under § 24:14:14:16.16 or adjusted time period described in § 24:14:14:16.18, a final decision is reached o…

24:14:14:21. Appeal of administrative decision. Any party aggrieved by the findings and decisions of the hearing officer under this article may bring a civil action under the Individuals with Disabilities Education Act (IDEA). A civil action may be filed in either state or federa…

Rule 24:14:14:22 Status of child during proceedings. 24:14:14:22. Status of child during proceedings. During the pendency of any proceeding involving a hearing under this chapter, unless the department and parents of a child with a disability involved otherwise agree, the child m…

Rule 24:14:15:01 Repealed. 24:14:15:01. Procedures on confidentiality of information.Repealed. Source: 20 SDR 223, effective July 7, 1994; repealed, 28 SDR 105, effective January 31, 2002.

Rule 24:14:15:02 Definitions. 24:14:15:02. Definitions. Terms used in this chapter mean: (1) "Act," the Family Educational Rights and Privacy Act of 1974 and implementing regulations at 34 C.F.R. Part 99, as amended, enacted as section 444 of the General Education Provisions Act …

Rule 24:14:15:02.01 Confidentiality procedures -- General. 24:14:15:02.01. Confidentiality procedures -- General. The department shall: (1) Ensure that the parents of a child referred under Part C are afforded the right to confidentiality of personally identifiable information, i…

Rule 24:14:15:02.02 Applicability and timeframe of procedures. 24:14:15:02.02. Applicability and timeframe of procedures. The confidentiality procedures described in this chapter apply to the personally identifiable information of a child and the child's family that: (1) Is conta…

Rule 24:14:15:02.03 Notice to parents. 24:14:15:02.03. Notice to parents. The department shall give notice when a child is referred under Part C of IDEA that is adequate to fully inform parents about the requirements in this chapter, including: (1) A description of the children o…

Rule 24:14:15:03 Annual notification of rights. 24:14:15:03. Annual notification of rights. Each contractor shall annually notify parents of children who may be eligible for early intervention services of their rights under the Act and this chapter. The notice must include a stat…

24:14:15:04. Access rights. Each contractor or participating agency shall permit parents to inspect and review any early intervention records relating to their child that are collected, maintained, or used by the contractor under this article. The contractor shall comply with a r…

Rule 24:14:15:05 Record of access. 24:14:15:05. Record of access. Each contractor or participating agency shall keep a record of parties obtaining access to early intervention records collected, maintained, or used under this chapter, except access by parents and authorized emplo…

Rule 24:14:15:06 Records on more than one child. 24:14:15:06. Records on more than one child. If an early intervention record includes information on more than one child, the parents of those children may inspect and review only the information relating to their child or may be i…

Rule 24:14:15:07 List of types and locations of information. 24:14:15:07. List of types and locations of information. Each contractor shall provide parents on request a list of the types and location of early intervention records collected, maintained, or used by the contractor. …

Rule 24:14:15:08 Fees. 24:14:15:08. Fees. A contractor or participating agency may charge a fee for copies of early intervention records which are made for parents under this chapter if the fee does not effectively prevent the parents from exercising their right to inspect and re…

Rule 24:14:15:09 Amendment of records at parent's request. 24:14:15:09. Amendment of records at parent's request. A parent who believes that information in early intervention records collected, maintained, or used under this article is inaccurate or misleading or violates the pri…

Rule 24:14:15:10 Opportunity for a hearing. 24:14:15:10. Opportunity for a hearing. The contractor or participating agency shall, on request, provide an opportunity for a hearing to challenge information in their child's early intervention records to ensure that it is not inaccur…