24:14:14:21. Appeal of administrative decision. Any party aggrieved by the findings and decisions of the hearing officer under this article may bring a civil action under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(i)(2) as in effect on December 3, 2004. 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 90 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) Shall receive the records of the administrative proceedings;
(2) Shall hear additional evidence at the request of a party; and
(3) Basing its decision on the preponderance of the evidence, shall grant the relief that the court determines to be appropriate.
Nothing in Part C of the Individuals with Disabilities Education Act restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, as amended to July 1, 2012, Title V of the Rehabilitation Act of 1973, as amended to July 1, 2012 or other federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws, seeking relief that is also available under section 615 of IDEA, the procedures under this chapter for a due process hearing must be exhausted to the same extent as would be required had the action been brought under section 615 of IDEA.
Source: 20 SDR 223, effective July 7, 1994; 26 SDR 153, effective May 22, 2000; 35 SDR 82, effective October 22, 2008; 39 SDR 109, effective December 17, 2012.
General Authority: SDCL 13-37-1.1.
Law Implemented: SDCL 13-1-23, 13-14-1, 13-37-1.1.
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