Rule 24:05:30:11 Appeal of hearing decision -- Civil action.
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 and 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, 20 U.S.C. § 1415(i)(2). 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 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 Individuals
with Disabilities Education Act restricts or limits the rights, procedures, and
remedies available under the Constitution, the Americans with Disabilities Act
of 1990 as amended to January 2, 2007, Title V of the Rehabilitation Act of
1973 as amended to January 1, 2007, 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 procedures under this chapter for filing a due process complaint must
be exhausted to the same extent as would be required had the action been
brought under section 615 of IDEA.
16 SDR 41, effective September 7, 1989; 20 SDR 33, effective September 8, 1993;
23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33
SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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