Rule 24:05:30:10.01 Decision of hearing officer.
24:05:30:10.01. Decision of hearing officer. Subject to the
provisions of this section, a hearing officer's determination of whether a
child received FAPE shall be based on substantive grounds.
In matters alleging a procedural
violation, a hearing officer may find that a child did not receive a FAPE only
if the procedural inadequacies:
(1) Impeded the child's
right to a FAPE;
(2) Significantly impeded
the parent's opportunity to participate in the decision-making process
regarding the provision of a FAPE to the parent's child; or
(3) Caused a deprivation of
Nothing in this section precludes a
hearing officer from ordering a district to comply with procedural requirements
under this chapter, chapter 24:05:26, and chapter 24:05:26.01.
33 SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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