92 Neb. Admin. Code, ch. 55, § 009 - Appeals to state or federal court; enforcement
009.01 Any person aggrieved by the findings,
conclusions, and final decision in a special education contested case is
entitled to judicial review under the Nebraska Special Education Act or the
Individuals With Disabilities Education Act.
009.02 Under the Nebraska Special Education
Act (Neb. Rev. Stat.
§
79-1167
), parties desiring to appeal a hearing officer decision must file a petition
for review in the district court of the county in which the main administrative
offices of the school district are located within two (2) years after service
of the final decision and order by the hearing officer on the party seeking
such review. The two (2) year period for appeal commences to run from the date
of mailing of the notice of order and decision to the parties or their
attorneys of record. Service of the petition and summons must be made in
accordance with Nebraska law.
009.03 The provisions of Neb.
Rev. Stat.
§
79-1167
specify the procedure for and effect of taking an appeal to state district
court under the Nebraska Special Education Act.
009.04 Under of the Nebraska Special
Education Act (Neb. Rev. Stat.
§
79-1167
), any party of record may seek enforcement of the final decision and order of
the hearing officer by filing a petition for appropriate relief in the district
court of the county in which the main administrative offices of the school
district are located within one year after the date of the hearing officer's
final decision and order.
009.05
Under Section 1415(I)(2) of the Individuals With Disabilities Education Act (
20 U.S.C.
1415 ), any party aggrieved by the findings
and decision made under this Chapter shall have the right to bring a civil
action with respect to the complaint presented pursuant to this Chapter, which
action may be brought in any State court of competent jurisdiction or in a
district court of the United States without regard to the amount in
controversy. Under Section 1415(I)(3)(B) of the Individuals with Disability
Education Act (
20 U.S.C.
1415 ), in any action brought under Section
1415 of the Act, the United States District court, in its discretion, may award
reasonable attorney's fees as part of the costs to the parents of a child with
a disability who is the prevailing party.
009.06 The provisions of
20 U.S.C.
1415(I)(2)(B) specify the
requirements applicable to state or federal court in a civil action appealing a
special education due process case under the Individuals With Disabilities
Education Act.
009.07 The
provisions of
20 U.S.C. 1415(I)(3)(B) -
(G) govern the availability and amount of
attorney's fees that may be awarded by the United States District Court under
the Individuals With Disabilities Education Act (
20
U.S.C. 1401 to
1487 ).
009.08 The party bringing a civil action
under subsection 009.05 shall have ninety (90) days from the date of the
decision of the hearing officer to bring such action; or, if the state has an
explicit time limitation for bringing such action under Part B of the
Individuals With Disabilities Education Act (
20
U.S.C. 1411 to
1444
), in such time as the state law allows.
Notes
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