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.



STATE COMPLAINTS

State Complaint Logs:
2011-12
2010-11
2009-10
2008-09
2007-08
2006-07
2005-06
2004-05
2003-04
2002-03
2001-02
2000-01

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 contact Ann Larsen, Special Education Office, at the South Dakota Department of Education at 605-773-3678.