Rule 24:05:15:08 Complaints and due process hearings.
24:05:15:08. Complaints and due process hearings. If a
written complaint is received that is also the subject of a due process hearing
under this article or contains multiple issues, of which one or more are part
of that hearing, the department shall set aside any part of the complaint that
is being addressed in the due process hearing until the conclusion of the
hearing. However, any issue in the complaint that is not a part of the due
process action must be resolved using the time limit and procedures described
in this chapter.
If an issue is raised in a complaint
filed under this section that has previously been decided in a due process
hearing involving the same parties the hearing decision is binding on that
issue and the department shall inform the complainant to that effect. A
complaint alleging a school district's failure to implement a due process
decision must be resolved by the department.
26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.
Implemented: SDCL 13-37-1.
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