S.D. Admin. R. 24:05:30:11

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

Section 24:05:30:11 - Appeal of hearing decision - Civil action

Any party aggrieved by the decision of the hearing officer under this chapter or chapters 24:05:26 or 24:05:26.01 may bring a civil action with respect to a due process complaint notice requesting a due process hearing under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(i)(2) (January 1, 2024). A civil action may be filed in either state or federal court without regard to the amount in controversy. The party bringing the action has thirty days from the date of a hearing officer's decision to file a civil action. In any action brought under this section, the court:

(1) Shall review the records of the administrative proceedings;

(2) Shall hear additional evidence at the request of a party; and

(3) Basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be appropriate.

Nothing in Part B of the IDEA restricts or limits the rights, procedures, and remedies available under the United States Constitution; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 (January 1, 2024); the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (January 1, 2024); or other federal laws protecting the rights of children with disabilities. However, before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the party must exhaust the procedures for filing a due process complaint under this chapter to the same extent as would be required had the action been brought under section 615 of IDEA.

S.D. Admin. R. 24:05:30:11

16 SDR 41, effective 9/7/1989; 20 SDR 33, effective 9/8/1993; 23 SDR 31, effective 9/8/1996; 26 SDR 150, effective 5/22/2000; 33 SDR 236, effective 7/5/2007; 40 SDR 40, effective 9/11/2013; 51 SDR 044, effective 10/14/2024

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.4.