§ 300.516 Civil action.

Plain English summary

This section establishes the right of any aggrieved party to file a civil action in state or federal court following adverse administrative due process decisions under IDEA. A 90-day filing deadline applies from the date of the hearing officer's or state review official's decision, unless state law provides a different explicit time limit. Courts reviewing such actions must consider administrative records, may hear additional evidence, and must base relief on a preponderance of the evidence standard.

Key requirements

• Any party aggrieved by the findings and decision made under §§ 300.507 through 300.513 or §§ 300.530 through 300.534 who does not have the right to an appeal under § 300.514(b), and any party aggrieved by the findings and decision under § 300.514(b), has the right to bring a civil action.
• 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.
• The party bringing the action shall have 90 days from the date of the decision of the hearing officer or, if applicable, the decision of the State review official, to file a civil action.
• The court receives the records of the administrative proceedings.
• The court hears additional evidence at the request of a party.
• The court, basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.
• 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.
• Before the filing of a civil action under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws seeking relief that is also available under section 615 of the Act, the procedures under §§ 300.507 and 300.514 must be exhausted to the same extent as would be required had the action been brought under section 615 of the Act.

Affected parties

• parents of children with disabilities
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• hearing officers
• state review officials
• federal district courts
• state courts of competent jurisdiction

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.516