S.D. Admin. R. 24:14:14:21

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

Section 24:14:14:21 - Appeal of administrative decision

Any party aggrieved by the findings and decisions of the hearing officer under this article may bring a civil action under the IDEA, 20 U.S.C. § 1415(i)(2) as in effect on December 3, 2004. 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 90 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 receive 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 C of the IDEA restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, as amended to July 1, 2012, Title V of the Rehabilitation Act of 1973, as amended to December 10, 2015. or other federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the procedures under this chapter for a due process hearing must be exhausted to the same extent as would be required had the action been brought under section 615 of IDEA.

S.D. Admin. R. 24:14:14:21

20 SDR 223, effective 7/7/1994; 26 SDR 153, effective 5/22/2000; 35 SDR 82, effective 10/22/2008; 39 SDR 109, effective 12/17/2012; 49 SDR 7, effective 7/31/2022

General Authority: SDCL 13-37-1.1.

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