S.D. Admin. R. 24:05:30:10

Current through Register Vol. 51, page 67, December 16, 2024

Section 24:05:30:10 - Impartial hearing officer

A hearing may not be conducted by a person who is an employee of the department or a school district which is involved in the education or care of the child or by any person having a personal or professional interest that conflicts with the person's objectivity in the hearing.

A hearing officer shall:

(1) Possess knowledge of, and the ability to understand, the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts;

(2) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and

(3) Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice.

An individual who otherwise qualifies to conduct a hearing is not an employee of the department solely because the individual is paid by the department to serve as a hearing officer.

Each school district shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.

S.D. Admin. R. 24:05:30:10

16 SDR 41, effective 9/7/1989; 23 SDR 31, effective 9/8/1996; 33 SDR 236, effective 7/5/2007; 36 SDR 96, effective 12/8/2009.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.