NC 1504-1.15 Finality of Decision; Appeal; Impartial Review

Plain English summary

This regulation establishes the finality and appeal process for special education due process hearing decisions under NC 1504. Any party may appeal a hearing decision to the NC Department of Public Instruction Exceptional Children Division within 30 days of receiving the written decision, triggering an impartial review. The reviewing official's decision is final unless a party pursues civil action under NC 1504-1.17.

Key requirements

• A decision made in a hearing conducted pursuant to NC 1504-1.8 through NC 1504-1.14 or NC 1504-2.1 through NC 1504-2.5 is final, except that any party may appeal under paragraph (b) and NC 1504-1.17.
• Any party aggrieved by the findings and decision in the hearing may appeal to the North Carolina Department of Public Instruction, Exceptional Children Division within 30 days of receipt of the written decision.
• If there is an appeal, the SEA must appoint an impartial review officer to conduct an impartial review of the findings and decision appealed.
• The official conducting the review must examine the entire hearing record.
• The official conducting the review must ensure that the procedures at the hearing were consistent with the requirements of due process.
• The official conducting the review must seek additional evidence if necessary; if a hearing is held to receive additional evidence, the rights in NC 1504-1.13 apply.
• The official conducting the review must afford the parties an opportunity for oral or written argument, or both, at the discretion of the reviewing official.
• The official conducting the review must make an independent decision upon completion of the review.
• At the request of the parents, the reviewing official must provide an electronic finding of fact and decision to the parties and attorneys of record.
• The SEA, after deleting any personally identifiable information, must transmit the findings and decisions to the State advisory panel established under NC 1501-13.1.
• The SEA must make those findings and decisions available to the public.
• The decision made by the reviewing official is final unless a party brings a civil action under NC 1504-1.17.

Affected parties

• students with disabilities
• parents or guardians of students with disabilities
• local education agencies (LEAs)
• State Education Agency (SEA)
• Office of Administrative Hearings
• NC Department of Public Instruction Exceptional Children Division
• impartial review officers
• attorneys of record
• State advisory panel

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=91