NC 1504-1.17 Civil Action

Plain English summary

This regulation establishes the right of any aggrieved party to file a civil action following a due process hearing or state review decision under NC 1504 procedures. A strict 30-day filing deadline applies from receipt of the state review official's decision. Courts receiving such actions must consider administrative records, may hear additional evidence, and must grant relief based on the preponderance of the evidence.

Key requirements

• Any party aggrieved by findings and decisions made under NC 1504-1.8 through NC 1504-1.14 or NC 1504-2.1 through NC 1504-2.5 who does not have the right to an appeal under NC 1504-1.15(b) has the right to bring a civil action.
• Any party aggrieved by the findings and decision under NC 1504-1.15(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 30 days from the date of the receipt of 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.
• 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 also available under section 615 of the IDEA, the procedures under NC 1504-1.8 and NC 1504-1.15 must be exhausted to the same extent as would be required had the action been brought under section 615 of the IDEA.

Affected parties

• parents of children with disabilities
• students with disabilities
• local education agencies
• state education agencies
• parties to due process hearings
• parties to state review proceedings

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=92