South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:05 - Special education
Chapter 24:05:30 - Procedural safeguards
Section 24:05:30:10.01 - Decision of hearing officer
Current through Register Vol. 51, page 43, September 23, 2024
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 violation, a hearing officer may find that a child did not receive a FAPE only if the procedural inadequacies:
(1) Impeded the child's right to a FAPE;
(2) Significantly impeded the parent's opportunity to participate in the decision-making process regarding the provision of a FAPE to the parent's child; or
(3) Caused a deprivation of educational benefit.
Nothing in this section precludes a hearing officer from ordering a district to comply with procedural requirements under this chapter, chapter 24:05:26, and chapter 24:05:26.01.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-37-1.1.
