Rule 24:05:30:08.12 Resolution period -- General
24:05:30:08.12. Resolution period -- General. If the
district has not resolved the due process complaint to the satisfaction of the
parent within 30 days of the receipt of the due process complaint, the due
process hearing may occur.
Except as provided in
§ 24:05:30:08.14, the timeline for issuing a final decision in a due
process hearing begins at the expiration of the 30-day period.
Except where the parties have jointly
agreed to waive the resolution process or to use mediation, notwithstanding the
above two paragraphs, the failure of the parent filing a due process complaint
to participate in the resolution meeting delays the timelines for the
resolution process and due process hearing until the meeting is held.
33 SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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