Rule 24:05:30:10 Impartial hearing officer.
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
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
(3) Possess the knowledge
and ability to render and write decisions in accordance with appropriate, standard
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.
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.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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