14 Del. Admin. Code § 926-16.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 926-16.0 - Civil Action

16.1 General: Any party aggrieved by the findings and decision made under Sections 7.0 through 13.0, or Sections 30.0 through 34.0, has the right to bring a civil action with respect to the due process complaint notice requesting a due process hearing under Section 7.0 or Sections 30.0 through 32.0. The action may be brought in the Family Court or in a district court of the United States without regard to the amount in controversy.

16.2 Time limitation: The party bringing the action shall have 90 days from the date of the decision of the hearing panel to file a civil action.

16.3 Additional requirements: In any action brought under subsection 16.1, the Secretary, or the Secretary's designee, shall certify and file with the court the record of the administrative hearing, which shall include all documents submitted, a transcript of all testimony, and the decision of the hearing panel. The court:

16.3.1 Receives the records of the administrative proceedings;

16.3.2 Hears additional evidence at the request of a party; and

16.3.3 Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.

16.4 Jurisdiction of the district counts: The district courts of the United States have jurisdiction of actions brought under section 615 of the Act without regard to the amount in controversy.

16.5 Rules of Construction: Nothing in these regulations restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under section 615 of the Act, the procedures in Section 7.0 shall be exhausted to the same extent as would be required had the action been brought under section 615 of the Act.

(Authority: 20 U.S.C. 1415(i)(2) and (3)(A), 1415(l)14 Del.C. §§ 3110, 3142)

14 Del. Admin. Code § 926-16.0

26 DE Reg. 847 (4/1/2023) (final)