§ 53E-7-208 — Special education dispute resolution -- Rulemaking -- Due process hearing -- Right to appeal.

(1) In accordance with this section, the state board shall make rules that:

(1)(a) allow for a prompt, fair, and final resolution of a dispute that arises over the provision of special education to an eligible student;
(1)(b) establish and maintain procedural safeguards that meet the requirements of 20 U.S.C. Sec. 1415; and
(1)(c) establish timelines that provide adequate time to address and resolve a dispute described in Subsection (1)(a) without unnecessarily disrupting or delaying an eligible student's free appropriate public education.
(2) A party to a dispute described in Subsection (1)(a), including an LEA, shall make a diligent and good faith effort to resolve the dispute informally at the LEA level before seeking a due process hearing under state board rule.
(3) (3)(a) If a dispute is not resolved informally as described in Subsection (2), a party to the dispute may request a due process hearing in accordance with state board rule.
(3)(b) Upon request of a party to a dispute described in Subsection (2), the state board shall, in accordance with state board rule and 20 U.S.C. Sec. 1415:
(3)(b)(i) conduct a due process hearing; and
(3)(b)(ii) issue a decision on the due process hearing.
(4) (4)(a) A party to a due process hearing may appeal the decision resulting from the due process hearing by filing a civil action with a court described in 20 U.S.C. Sec. 1415(i), if the party files the action within 30 days after the day on which the due process hearing decision was issued.
(4)(b) If parties to a due process hearing fail to reach agreement on the payment of attorney fees for the due process hearing, a party may seek to recover attorney fees in accordance with 20 U.S.C. Sec. 1415(i) by filing a court action within 30 days after the day on which the due process hearing decision was issued.

Legislative History

Amended by Chapter 431, 2022 General Session