24:05:30:10Impartial

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Rulemaking activity

ARSD 24:05 (Special Education)Effective
Article 24:05 (Special Education): 24:05:13:01.; 24:05:16; 24:05:16:05.; 24:05:16:16.03.; 24:05:16:16.04.; 24:05:16:16.05.; 24:05:16:16.06.; 24:05:16:16.07.; 24:05:19:05.09.; 24:05:19:05.10.; 24:05:19:05.11.; 24:05:21:05.; 24:05:25:04.03.; 24:05:28:10.; 24:05:31:02.; and 24:05:32:03.02.Effective
Article 24:10 (Career and Technical Education), Article 24:28 (Educator Certification), and Articles 24:05 (Individual Education Programs) and 24:43 (Accreditation and School Improvement—Curriculum) ***NOTE*** This package includes proposed changes to state graduation requirements. See pages 52-75.Effective
Articles 24:05 (Special Education), 24:15 (Certification), and 24:53 (Teacher Preparation Programs)Effective
Article 24:05 (Extraordinary Costs) Article 24:08 (Professional Teachers) Article 24:11 (Professional Administrators) Article 24:56 (Cooperation in Education) Article 24:57 (Teacher Performance Standards and Evaluation)Effective

hearing officer. A hearing may not be conducted by a person who is an employee of the department or a school district which is involved in the education or care of the child or by any person having a personal or professional interest that conflicts with the person's objectivity in the hearing. A hearing officer shall: (1) Possess knowledge of, and the ability to understand, the provisions of IDEA, federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts; (2) Possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice; and (3) Possess the knowledge and ability to render and write decisions in accordance with appropriate, standard legal practice. An individual who otherwise qualifies to conduct a hearing is not an employee of the department solely because the individual is paid by the department to serve as a hearing officer. Each school district shall keep a list of the persons who serve as hearing officers. The list must include a statement of the qualifications of each of those persons.

Source: 16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996; 33 SDR 236, effective July 5, 2007; 36 SDR 96, effective December 8, 2009.

General Authority

SDCL 13-37-1.1 ↗

Law Implemented

← 24:05:30:09.06 24:05:30:10.01 →