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.
Notes
S.D. Admin. R. 24:05:30:12
16 SDR 41, effective
9/7/1989; 23 SDR 31, effective
9/8/1996; 26 SDR 150, effective
5/22/2000; 33 SDR 236, effective
7/5/2007; 36 SDR 96, effective
12/8/2009.
General Authority: SDCL
13-37-1.1,
16-18-1.
Law Implemented: SDCL
13-37-1.1,
16-18-1.
