Section 208 – Special education dispute resolution — Rulemaking — Due process hearing — Right to appeal.

• (1) In accordance with this section, the state board shall make rules that:
  • (a) allow for a prompt, fair, and final resolution of a dispute that arises over the provision of special education to an eligible student;
  • (b) establish and maintain procedural safeguards that meet the requirements of 20 U.S.C. Sec. 1415; and
  • (c) establish timelines that provide adequate time to address and resolve a dispute described in Subsection (1)(a) without unnecessarily disrupting or delaying an eligible student’s free appropriate public education.

• (2) A party to a dispute described in Subsection (1)(a), including an LEA, shall make a diligent and good faith effort to resolve the dispute informally at the LEA level before seeking a due process hearing under state board rule.

• (3)
  • (a) If a dispute is not resolved informally as described in Subsection (2), a party to the dispute may request a due process hearing in accordance with state board rule.
  • (b) Upon request of a party to a dispute described in Subsection (2), the state board shall, in accordance with state board rule and 20 U.S.C. Sec. 1415:
    • (i) conduct a due process hearing; and
    • (ii) issue a decision on the due process hearing.

• (4)
  • (a) A party to a due process hearing may appeal the decision resulting from the due process hearing by filing a civil action with a court described in 20 U.S.C. Sec. 1415(i), if the party files the action within 30 days after the day on which the due process hearing decision was issued.
  • (b) If parties to a due process hearing fail to reach agreement on the payment of attorney fees for the due process hearing, a party may seek to recover attorney fees in accordance with 20 U.S.C. Sec. 1415(i) by filing a court action within 30 days after the day on which the due process hearing decision was issued.

Amended by Chapter 431, 2022 General Session