S.D. Admin. R. 24:05:30:07.02 - Timeline for filing a due process complaint

A due process complaint shall allege a violation that occurred not more than two years before the date the parent or school district knew or should have known about the alleged action that forms the basis of the due process complaint.

The timeline described in this section does not apply to a parent if the parent was prevented from filing a due process complaint due to:

(1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the due process complaint; or

(2) The district's withholding of information from the parent that was required under this chapter to be provided to the parent.

Notes

S.D. Admin. R. 24:05:30:07.02

33 SDR 236, effective 7/5/2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.