South Dakota Codified Laws 13-37-46. Rules defining special education process–Appeal of local district’s determinations–Hearing
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The secretary of the Department of Education shall promulgate and review rules which further define special education processes regarding student identification and the placement committee process. Any appeal of a local district’s determination relating to special education or special education and related services shall be referred to the secretary of the Department of Education. The hearing shall be conducted by the secretary in accordance with the contested case provisions of chapter 1-26.
Terms Used In South Dakota Codified Laws 13-37-46
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- special education: means educational services and auxiliary services provided children in need of special education or special education and related services pursuant to the provisions of this chapter and shall include school instruction conforming as nearly as possible to the school program as defined in accreditation rules under duly qualified special education teachers to the extent that the child in need of special education or special education and related services is capable of profiting. See South Dakota Codified Laws 13-37-2
Source: SL 1995, ch 101, § 10; SL 2003, ch 272 (Ex. Ord. 03-1), § 63; SL 2019, ch 87, § 3.