Any party aggrieved by the decision of the hearing officer under this chapter or chapters 24:05:26 or 24:05:26.01 may bring a civil action with respect to a due process complaint notice requesting a due process hearing under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1415(i)(2) (January 1, 2024). A civil action may be filed in either state or federal court without regard to the amount in controversy. The party bringing the action has thirty days from the date of a hearing officer's decision to file a civil action. In any action brought under this section, the court:

1. (1) Shall review the records of the administrative proceedings;
2. (2) Shall hear additional evidence at the request of a party; and

3. (3) Basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be appropriate.

   Nothing in Part B of the IDEA restricts or limits the rights, procedures, and remedies available under the United States Constitution; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 (January 1, 2024); the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. (January 1, 2024); or other federal laws protecting the rights of children with disabilities. However, before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the party must exhaust the procedures for filing a due process complaint under this chapter to the same extent as would be required had the action been brought under section 615 of IDEA.

Source: 16 SDR 41, effective September 7, 1989; 20 SDR 33, effective September 8, 1993; 23 SDR 31, effective September 8, 1996; 26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007; 40 SDR 40, effective September 11, 2013 ; 51 SDR 44, effective October 14, 2024 .

General Authority: SDCL 13-37-1.1 .

Law Implemented: SDCL 13-37-1. 4 .

Prior versions effective: 2013-09-11.