Due Process Hearings in South Carolina
How does due process work for IEP disputes in South Carolina?
South Carolina operates a two-tier due process hearing system, which is a critical distinction from most states that use a single-tier system. The first-tier hearing occurs at the local school district level before an impartial hearing officer. If either party disagrees with the first-tier decision, they may appeal within 10 calendar days to the SCDE for a second-tier (state-level) review. A parent or LEA may file a due process complaint on any matter relating to the identification, evaluation, educational placement, or provision of FAPE. Due process hearing requests are made to the SCDE Office of General Counsel (OGC). Standard timelines: within 15 calendar days of receiving the complaint, the LEA must convene a resolution meeting; the parent and LEA have a 30-day resolution period to attempt resolution; if not resolved, the first-tier hearing officer must issue a written decision within 45 calendar days after the resolution period expires. For the second-tier appeal, the SCDE must issue findings within 30 calendar days of receiving the appeal request. The state-level decision is binding unless appealed to federal or state court within 90 calendar days. The 'stay put' rule applies during all proceedings unless parties agree otherwise (34 CFR 300.518).
What South Carolina Requires
South Carolina uses a two-tier due process system: first-tier hearing at the local district level, with appeal to the SCDE for a second-tier state-level review — most states use a single-tier system (Reg. 43-243; S.C. Code Ann. § 59-33-90).
A resolution meeting must be held within 15 calendar days of the LEA receiving the due process complaint, unless the parties agree to waive it or use mediation (34 CFR 300.510(a)).
If the dispute is not resolved within 30 calendar days, the first-tier hearing proceeds (34 CFR 300.510(b)).
The first-tier hearing officer must issue a written decision within 45 calendar days after the 30-day resolution period expires (34 CFR 300.515(a)).
If either party disagrees with the first-tier decision, they may appeal to the SCDE within 10 calendar days of receiving the written decision (Reg. 43-243).
The SCDE must issue findings of fact and a decision within 30 calendar days of receiving the appeal (Reg. 43-243).
The state-level decision is binding unless appealed to federal or state court within 90 calendar days (Reg. 43-243; 34 CFR 300.516).
The child's placement remains unchanged ('stay put') during the pendency of any due process proceeding unless the parties agree otherwise (34 CFR 300.518).
Key Timelines
Resolution meeting within 15 calendar days of LEA receiving complaint (34 CFR 300.510(a)).
30-day resolution period to attempt resolution before hearing proceeds (34 CFR 300.510(b)).
First-tier decision within 45 calendar days after resolution period expires (34 CFR 300.515(a)).
Appeal to SCDE within 10 calendar days of receiving first-tier decision (Reg. 43-243).
SCDE second-tier decision within 30 calendar days of receiving appeal (Reg. 43-243).
Civil action in court within 90 calendar days of state-level decision (Reg. 43-243; 34 CFR 300.516).