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:

Terms Used In Utah Code 53E-7-208

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Due process hearing: means an administrative due process hearing authorized by 20 U. See Utah Code 53E-7-201
  • eligible student: means a child with a disability who is:
(a) at least 3 years old but younger than 22 years old; or
(b) 22 years old, if the school year in which the child with a disability turned 22 years old has not yet ended. See Utah Code 53E-7-201
  • LEA: means :
    (a) a school district;
    (b) a charter school; or
    (c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Special education: means the same as that term is defined in 34 C. See Utah Code 53E-7-201
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
    • (a)  allow for a prompt, fair, and final resolution of a dispute that arises over the provision of special education to an eligible student;

    (b)  establish and maintain procedural safeguards that meet the requirements of 20 U.S.C. § 1415; and

    (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) 

    (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.

    (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. § 1415:

    (i)  conduct a due process hearing; and

    (ii)  issue a decision on the due process hearing.

    (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. § 1415(i), if the party files the action within 30 days after the day on which the due process hearing decision was issued.

    (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. § 1415(i) by filing a court action within 30 days after the day on which the due process hearing decision was issued.

    Amended by Chapter 431, 2022 General Session

      Previous section
    Next section  
     Part 2 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT