Rule 24:05:30:09 Mediation.
Each school district shall ensure that procedures are established and
implemented to allow parties to disputes involving any matter under this
article, including matters arising before the filing of a due process
complaint, to resolve disputes through a mediation process. Procedures for
mediation are as follows:
(1) The district shall
ensure that mediation is viewed as voluntary and freely agreed to by both
parties and is in no way used to deny or delay an aggrieved party's right to a
hearing on a parent's due process complaint, or to deny any other rights
afforded under this article; and
(2) The mediation
conference is an intervening, informal process conducted in a nonadversarial
atmosphere that is scheduled in a timely manner and held in a location that is
convenient to the parties in the dispute.
The state shall bear the cost of the
mediation process, including the costs of meetings described in
16 SDR 41, effective September 7, 1989; 23 SDR 31, effective September 8, 1996;
26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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