72-974. Appeal and review; procedure; review officers, appointment and duties; federal court actions.
72-974
72-974. Appeal and review; procedure; reviewofficers, appointment andduties; federal court actions.(a) Written notice of the result of any hearing provided for underthis act shall be given to the agencyproviding for the hearingand shall be sent by certified mail to the parent,or attorney of thechild within 24 hoursafter the result isdetermined. Such decision, after deletion of any personally identifiableinformation contained therein, shall be transmitted to the stateboard which shall make the decision available to the state advisorycouncil for special education and to the public upon request.
(b) (1) Any party to a due process hearing provided for underthis act may appeal the decision to the stateboard by filing awritten notice of appeal with the commissioner of education not later than 30calendar days after the date of the postmark on thewritten notice specified in subsection (a).A review officerappointed by the state board shall conduct an impartial review ofthe decision. The review officer shall render a decision not later than 20calendar days after the noticeof appeal is filed. The review officer shall: (A)Examine the record of thehearing; (B) determine whether the procedures at the hearing were in accordancewith the requirements of due process; (C) afford the parties an opportunity fororal or written argument, or both, at the discretion of thereview officer;(D) seek additional evidence if necessary; (E) render anindependent decision on any suchappeal not later than five days after completion of the review; and (F) sendthe decision on any such appeal to the parties andto the state board.
(2) For the purpose of reviewing any hearing and decision under provision(1), the state board may appoint one or more reviewofficers. Any suchappointment may apply to a review of a particular hearing or to reviewing a setor class of hearings as specified by the state board in making the appointment.
(c) Subject to the provisions of subsection (e),any action of a review officer pursuant to thissection is subject toreview in accordance with the act for judicial review and civil enforcement ofagency actions or to an action in federal court as allowed by the federallaw.
(d) Consistent with state court actions, any action in federal courtshall be filed within 30 days afterservice of the review officer's decision.
(e) In any action brought under subsection (c), the court:
(1) Shall receive the records of the administrative proceedings;
(2) if it deems necessary, shall hear additional evidence at the request of aparty;
(3) basing its decision on the preponderance of the evidence, shall grantsuch relief as the court determines is appropriate; and
(4) in accordance with the federal law, may award attorneys' fees tothe prevailing party in any due process hearing or judicial action brought inaccordance with this act.
History: L. 1974, ch. 290, § 15; L. 1974, ch. 291, § 1; L. 1977,ch. 241, § 3; L. 1978, ch. 286, § 3; L. 1978, ch. 287, § 1; L. 1980,ch. 216, § 4; L. 1982, ch. 292, § 2; L. 1986, ch. 318, § 128; L. 1991,ch. 218, § 5;L. 1993, ch. 63, § 1;L. 1999, ch. 116, § 22;L. 2005, ch. 171, § 10; July 1.