Rule 24:05:30:12 Hearing rights.
rights. Any party to a hearing, under this chapter or chapters 24:05:26 and
24:05:26.01, has the right to:
(1) Be accompanied and
advised by counsel and by individuals with special knowledge or training
concerning the problems of children with disabilities, except that neither
party has the right to be represented by a nonattorney at a hearing;
(2) Present evidence and
confront, cross-examine, and compel the attendance of witnesses;
(3) Prohibit the
introduction of any evidence at the hearing that has not been disclosed to that
party at least five business days before the hearing;
(4) Obtain a written or, at
the option of the parents, electronic verbatim record of the hearing; and
(5) Obtain written or, at
the option of the parents, electronic findings of fact and decisions. The
public agency shall transmit those findings and decisions, after deleting any
personally identifiable information, to the state advisory counsel and shall
make those findings and decisions available to the public.
Parents involved in hearings must be
given the right to have the child who is the subject of the hearing present and
open the hearing to the public. The record of the hearing and the findings of
fact and decisions must be provided at no cost to the parents.
16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996;
26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007; 36 SDR
96, effective December 8, 2009.
Authority: SDCL 13-37-1.1, 16-18-1.
Implemented: SDCL 13-37-1.1, 16-18-1.
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