South Dakota Administrative Rules
Title 24 - EDUCATION
Article 24:14 - Early intervention program
Chapter 24:14:14 - Procedural safeguards
Section 24:14:14:16.04 - Timeline for filing a due process complaint

Universal Citation: SD Admin Rules 24:14:14:16.04

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

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 provider knew or should have known about the alleged action that forms the basis of the due process complaint.

The timeline described in this section does not apply to a parent if the parent was prevented from filing a due process complaint due to:

(1) Specific misrepresentations by a public agency or a nonpublic service provider that it had resolved the problem forming the basis of the due process complaint; or

(2) A public agency's or a nonpublic service provider's withholding of information from the parent that was required under this chapter to be provided to the parent.

General Authority: SDCL 13-37-1.1.

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