South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:05 - Special education
Chapter 24:05:30 - Procedural safeguards
Section 24:05:30:06.02 - Procedural safeguards notice - Contents

Universal Citation: SD Admin Rules 24:05:30:06.02

Current through Register Vol. 51, page 43, September 23, 2024

The procedural safeguards notice must include a full explanation of all of the procedural safeguards available under this article and the state complaint procedures relating to:

(1) Independent educational evaluation;

(2) Prior written notice;

(3) Parental consent;

(4) Access to educational records;

(5) Opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:

(a) The time period in which to file a complaint;

(b) The opportunity for the district to resolve the complaint; and

(c) The difference between the due process complaint and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

(6) The childs placement during pendency of any due process complaint;

(7) Procedures for students who are subject to placement in an interim alternative educational setting;

(8) Requirements for unilateral placement by parents of children in private schools at public expense;

(9) The availability of mediation;

(10) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;

(11) Civil actions, including the time period in which to file those actions; and

(12) Attorneys' fees.

The form of the notice must be consistent with § 24:05:30:06, including written evidence that the requirements in this section have been met.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.