La. Admin. Code tit. 28 § XLIII-516

Current through Register Vol. 50, No. 11, November 20, 2024

Section XLIII-516 - Civil Action

A. General. Any party aggrieved by the findings and decision made under §507-513 or §530-534 has the right to bring a civil action with respect to the due process complaint notice requesting a due process hearing under §507 or §530-532 The 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.

B. Time Limitation. The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a civil action.

C. Additional Requirements. In any action brought under Subsection A of this Section, the court:

1. receives the records of the administrative proceedings;

2. hears additional evidence at the request of a party; and

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

D. Jurisdiction of District Courts. The district courts of the United States have jurisdiction of actions brought under Section 615 of the IDEA without regard to the amount in controversy.

E. Rule 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 students 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 IDEA, the procedures under §507 shall be exhausted to the same extent as would be required had the action been brought under Section 615 of the IDEA.

La. Admin. Code tit. 28, § XLIII-516

Promulgated by the Board of Elementary and Secondary Education, LR 34:2074 (October 2008), amended LR 38:2368 (September 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.