If you disagree with the decision reached through your due process hearing, you have the right to bring a civil action with respect to the matter that was the subject of the due process hearing. The action may be brought in a state court of competent jurisdiction, in other words a state court that has the authority to hear this type of case, or in a district court of the United States without regard to the amount in dispute. The party filing the civil action must do so within 90 days of the Administrative Law Judge’s decision.
In any civil action, the court receives the records of the administrative proceedings, hears additional evidence at your request or at the school district’s request, and bases its decision on the preponderance of the evidence, and grants the relief that the court determines to be appropriate.
During the time your case is being heard and decided, your child must remain in his or her current educational placement, unless you and the school agree otherwise. If your case involves an application for initial admission to public school, your child, with your consent, will be placed in the public school system until the completion of all of the proceedings.
A knowledgeable attorney or advocate can help you through the administrative appeals process.
Phone code: 1613
Recent Comments