Due process hearings regarding Part C of IDEA are not eligible for attorney fees. School districts assume financial responsibility for attorney fees in a due process hearing, in accordance with § 24:05:30:11.01, only in situations related to children in need of prolonged assistance.

Source: 35 SDR 82, effective October 22, 2008.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-1-23 , 13-14-1 , 13-37-1.1.