§ 6-41-216 — Tests and evaluations - Change of child's status - Hearings

(a) All decisions pertaining to change in the educational status of a child shall follow due process procedures established by the State Board of Education. (b) Due process shall include: (1) Providing for prior notification to parents of testing and provision of special education services; (2) The right to request educational evaluation and special education services; and (3) The right to hearing and appeal of educational decisions. (c) (1) The state board shall prescribe rules governing hearings and appeals. (2) Hearings shall be conducted by individuals referred to as "hearing officers" under this section. (3) (A) The Special Education Unit shall establish standards and qualifications for individuals to serve as hearing officers. (B) Neither an employee of the Division of Elementary and Secondary Education nor an employee of the local school district involved in a particular hearing may serve as a hearing officer. (C) Professional service contracts with individuals made for the purpose of compensating them for services rendered in connection with hearings shall not constitute employment. (d) An individual serving as a qualified hearing officer at an assigned hearing shall be immune from civil suit brought by either party for the consequences of actions required of a hearing officer. (e) (1) An individual serving as a qualified hearing officer under this section shall have the power to issue subpoenas and to bring before him or her as a witness any person in this state. (2) The hearing officer shall issue a subpoena upon the request of any party to a pending proceeding. (3) The writ shall be directed to the sheriff of the county where the witness resides or may be found. (4) The writ may require the witness to bring with him or her any book, writing, or other thing under the witness's control that he or she is bound by law to produce in evidence. (5) Service of the writ shall be in the manner as provided by law for the service of subpoenas in civil cases. (f) (1) A witness who has been served by subpoena in the manner provided by law and who shall have been paid or tendered the legal fees for travel and attendance as provided by law shall be obligated to attend for examination of the trial of the cause pending before the due process hearing officer. (2) In the event that a witness has been served with subpoenas as provided under this section and fails to attend the hearing in obedience to the subpoena, the hearing officer may apply to the circuit court of the county in which the hearing officer is having the hearing for an order causing the arrest of the witness and directing that the witness be brought before the court. (3) The court shall have the power to punish the disobedient witness for contempt as provided by law in the trial of civil cases. (4) The disobedient witness shall be liable in damages for nonattendance to the trial or hearing as provided by law. (g) Any party aggrieved by the findings and final decision made by the hearing officer shall have ninety (90) days from the date of the decision of the hearing officer to bring a civil action with respect to the complaint presented in either federal district court or a state court of competent jurisdiction pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., as amended, without regard to the amount, if any, in controversy.

Legislative History

Amended by Act 2019, No. 315,§ 323, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 61, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1768, eff. 7/1/2019. Amended by Act 2017, No. 874,§ 5, eff. 8/1/2017. Acts 1973, No. 102, § 19; 1975, No. 641, § 7; 1979, No. 1055, § 2; 1981, No. 829, § 1; 1983, No. 762, § 1; A.S.A. 1947, § 80-2133; Acts 1995, No. 203, § 1; 1997, No. 369, § 1; 1997, No. 1182, § 1; 2003, No. 1365, § 1; 2005, No. 2151, § 29.