ENTITLED An Act to allow an appeal of a decision of the Department of Education regarding special education or related services by a civil action against the department.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 13-37:

Any party aggrieved by a decision of the Department of Education under this chapter 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, 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 the decision to file a civil action.

An Act to allow an appeal of a decision of the Department of Education regarding special education or related services by a civil action against the department.