Office of Educational Services & Support

Dispute Resolution

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. If you are in need of further information contact Special Education Programs at 605-773-3678 or via email at ann.larsen@state.sd.us

State Complaints

Complaint Logs:

• 2008-2009
• 2007-2008
• 2006-2007
• 2005-2006
• 2004-2005
• 2003-2004
• 2002-2003
• 2001-2002
• 2000-2001

Answering your questions on the complaint investigation process

Sample State Complaint Form

Complaint Investigator's Manual

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

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Due Process

Due Process Sample Forms

• Sent by Parent to District
• Sent by District to Parent

Due Process Hearing Logs:

• 2008-2009
• 2007-2008
• 2006-2007
• 2005-2006
• 2004-2005

Resolution Meeting

• Resolution Session Guide for Districts

• Resolution Session Sample Documents

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
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• 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.
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Mediation

• Mediation Technical Assistance Guide
• Mediation Manual
• Mediation Request

Mediation Logs:

• 2008-2009

• 2007-2008

• 2006-2007

• 2005-2006

• 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.

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