Effective 28 Aug 2012
162.962. Decision subject to review, when, procedure. — In a case where review of the administrative hearing commission's decision is sought by a school district or a parent or guardian, either party may appeal as follows:
(1) The court shall hear the case without a jury and shall:
(a) Receive the records of the administrative proceedings;
(b) Hear additional evidence at the request of a party; and
(c) Grant the relief that the court determines to be appropriate, basing its decision on the preponderance of the evidence;
(2) Appeals may be taken from the judgment of the court as in other civil cases;
(3) Judicial review of the administrative hearing commission's decision may be instituted by filing a petition in a state or federal court of competent jurisdiction. Appeals to state court shall be filed within forty-five days after the receipt of the notice of the agency's final decision;
(4) Except when provided otherwise within this chapter or Part 300 of Title 34 of the Code of Federal Regulations, the provisions of chapter 536 are applicable to special education due process hearings and appeal of same;
(5) When a commissioner renders a final decision, such decision shall not be amended or modified by the commissioner or administrative hearing commission.
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(L. 1977 H.B. 130, A.L. 1979 H.B. 343, A.L. 1992 H.B. 1151, A.L. 1994 H.B. 1397, A.L. 2002 H.B. 2023, A.L. 2003 H.B. 655, A.L. 2012 S.B. 595)
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