South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:14 - Early intervention program
Chapter 24:14:14 - Procedural safeguards
Section 24:14:14:15 - Mediation process

Universal Citation: SD Admin Rules 24:14:14:15

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

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 complaint, to resolve disputes through a mediation process at any time. Procedures for mediation are as follows:

(1) The state director of the Part C program shall ensure that mediation is viewed as voluntary and freely agreed to by both parties and is in no way used to deny or delay a parent's right to a hearing on a parent's due process complaint, or to deny any other rights afforded under this article; and

(2) The mediation conference is an intervening, informal process conducted in a nonadversarial atmosphere, scheduled in a timely manner, and held in a location that is convenient to the parties in dispute.

The state shall bear the cost of the mediation process, including the costs of meetings described in § 24:14:14:16.02.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.

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