53A-15-305 - Resolution of disputes in special education -- Hearing request -- Timelines -- Levels -- Appeal process -- Recovery of costs.
53A-15-305. Resolution of disputes in special education -- Hearing request --Timelines -- Levels -- Appeal process -- Recovery of costs.
(1) The Legislature finds that it is in the best interest of students with disabilities toprovide for a prompt and fair final resolution of disputes which may arise over educationalprograms and rights and responsibilities of students with disabilities, their parents, and the publicschools.
(2) Therefore, the State Board of Education shall adopt rules meeting the requirements of20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguardsfor students with disabilities and their parents or guardians as to the provision of free, appropriatepublic education to those students.
(3) The timelines established by the board shall provide adequate time to address andresolve disputes without unnecessarily disrupting or delaying the provision of free, appropriatepublic education for students with disabilities.
(4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute underthis section shall make a good faith effort to resolve the dispute informally at the school buildinglevel.
(5) (a) If the dispute is not resolved under Subsection (4), a party may request a dueprocess hearing.
(b) The hearing shall be conducted under rules adopted by the board in accordance with20 U.S.C. Section 1415.
(6) (a) A party to the hearing may appeal the decision issued under Subsection (5) to acourt of competent jurisdiction under 20 U.S.C. Section 1415(i).
(b) The party must file the judicial appeal within 30 days after issuance of the dueprocess hearing decision.
(7) If the parties fail to reach agreement on payment of attorney fees, then a party seekingrecovery of attorney fees under 20 U.S.C. Section 1415(i) for a special education administrativeaction shall file a court action within 30 days after issuance of a decision under Subsection (5).
Amended by Chapter 9, 2001 General Session