Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES
Section 92-55-009 - Appeals to state or federal court; enforcement
Current through March 20, 2024
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.
