Section 511 IAC 7-45-9 - Judicial review of hearing officer decisionAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 4-21.5-3; IC 4-21.5-5-5; IC 20-19-2; IC 20-35
Sec. 9.
(a) Any party disagreeing with the decision of the independent hearing officer may file a petition for judicial review with a civil court with jurisdiction. Under IC 4-21.5-5-5, a petition for review by a state or federal civil court must be filed within thirty (30) calendar days after the date the independent hearing officer's written decision is received by the party. The court shall: (1) receive the record of administrative proceedings;(2) hear additional evidence at the request of a party; and(3) grant the relief it determines to be appropriate, basing its decision on a preponderance of the evidence.(b) Nothing in this article shall be construed to restrict or limit the rights, procedures, and remedies available under:(1) the federal or state Constitution;(2) the Americans with Disabilities Act of 1990;(3) Title V of the Rehabilitation Act of 1973; or(4) other federal laws protecting the rights of students with disabilities; except that before the filing of a civil action under such laws seeking relief that is also available under this article, the procedures under sections 3 through 8 of this rule and this section shall be exhausted to the same extent as would be required had the action been brought under this article.
Indiana State Board of Education; 511 IAC 7-45-9; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA; filed May 25, 2010, 8:19 a.m.: 20100623-IR-511090795FRAReadopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA