S.D. Admin. R. 24:05:30:09.01

Current through Register Vol. 50, page 162, June 24, 2024

Section 24:05:30:09.01 - Mediator - Qualified and impartial

The mediation process shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. The department shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. Mediators shall be selected on a random, rotational, or other impartial basis. An individual who serves as a mediator:

(1) May not be an employee of:

(a) Any school district or state agency that is involved in the education or care of the child; or

(b) The department, if the department is providing direct services to a child who is the subject of the mediation process; and

(2) May not have a personal or professional interest that conflicts with the person's objectivity.

A person who otherwise qualifies as a mediator is not an employee of a district or state agency solely because the person is paid by the department to serve as a mediator.

S.D. Admin. R. 24:05:30:09.01

26 SDR 150, effective 5/22/2000; 33 SDR 236, effective 7/5/2007.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-37-1.1.