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Dispute Resolution

 STATE COMPLAINTS | DUE PROCESS | CONTACT

As a parent, you are a very important participant in your child’s special education program. By contributing what you know about your child and involvement in the decision-making process, you will make an important contribution to your child’s education.

The decisions you make should be based on knowledge and understanding of your rights and responsibilities. If problems and misunderstandings do arise, however, there are several ways to address them.

First, you may want to talk with the school personnel directly involved with the problem and discuss your concerns. It is suggested you contact the person in charge of special education, the administration of the local public school district or the public education agency where your child attends school. If the problem is not resolved at the local level, you may request a mediation meeting, file a formal complaint, and/or request a due process hearing.

Each of these options has a specific purpose for helping you with your concerns, so it is important that you choose the best option for you. Listed below is information regarding dispute resolution.



STATE COMPLAINTS

State Complaint Logs:
 2012-13
 2011-12
 2010-11
 2009-10
 2008-09


 Administrative Rules of South Dakota pertaining to State Complaints
 24:05:15:02 Complaint
 24:05:15:02.01 Remedies
 24:05:15:03 Complaint procedure
  24:05:15:05 Complaint against a school district
  24:05:15:06 Time limits
  24:05:15:07 Information about complaint procedures
  24:05:15:08 Complaints and due process hearings




DUE PROCESS

 Due Process Hearing Logs:
 2010-11
 2009-10
 2008-09
 2007-08
 2006-07
 2005-06
 2004-05


 Administrative Rules of South Dakota pertaining to Due Process
 24:05:30:07.01 Filing a due process complaint
 24:05:30:07.02 Timeline for filing a due process complaint
 24:05:30:08 Free or low-cost services to parent
 24:05:30:08.01 Due process complaint notice
 24:05:30:08.02 Content of due process complaint notice
 24:05:30:08.03 Sufficiency of complaint
 24:05:30:08.04 Decision on sufficiency of complaint
 24:05:30:08.05 Amendment to due process complaint
 24:05:30:08.06 District response to due process complaint
 24:05:30:08.07 Other party response to due process complaint
 24:05:30:08.08 Model forms
 24:05:30:08.09 Resolution meeting -- Participants
 24:05:30:08.10 Resolution meeting -- Purpose
 24:05:30:08.11 Resolution meeting -- Waive or mediate
 24:05:30:08.12 Resolution period -- General
 24:05:30:08.13 Dismissal of complaint or initiation of hearing
 24:05:30:08.14 Adjustments to 30-day resolution period
 24:05:30:08.15 Written settlement agreement
 24:05:30:09.04 Impartial due process hearing
 24:05:30:09.05 Subject matter of due process hearings
 24:05:30:09.06 Timeline for requesting a due process hearing
 24:05:30:10 Impartial hearing officer
 24:05:30:10.01 Decision of hearing officer
 24:05:30:11 Appeal of hearing decision -- Civil action
 24:05:30:11.01 Reasonable attorneys' fees
 24:05:30:12 Hearing rights
 24:05:30:12.01 Additional disclosure of information
 24:05:30:13 Time limit for and convenience of hearings
 24:05:30:14 Child's status during proceedings




 Mediation Logs
 2010-11
 2009-10
 2008-09
 2007-08
 2006-07
 2005-06


 Administrative Rules of South Dakota pertaining to Mediation
 24:05:30:09 Mediation
 24:05:30:09.01 Mediator -- Qualified and impartial
 24:05:30:09.02 Meeting to encourage mediation
 24:05:30:09.03 Mediation agreement




CONTACT

If you have questions, please contactSpecial Education Programs office at the South Dakota Department of Education at 605-773-3678.






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