Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 55 - RULES OF PRACTICE AND PROCEDURE FOR DUE PROCESS HEARINGS IN SPECIAL EDUCATION CONTESTED CASES › Section 92-55-009 - Appeals to state or federal court; enforcement

Current through June 17, 2024
009.01 Any person aggrieved by the findings,
				conclusions, and final decision in a special education contested case is
				entitled to judicial review under the Nebraska Special Education Act or the
				Individuals With Disabilities Education Act.
009.02 Under the Nebraska Special Education
				Act (
Neb. Rev. Stat.
§
									79-1167
				), parties desiring to appeal a hearing officer decision must file a petition
				for review in the district court of the county in which the main administrative
				offices of the school district are located within two (2) years after service
				of the final decision and order by the hearing officer on the party seeking
				such review. The two (2) year period for appeal commences to run from the date
				of mailing of the notice of order and decision to the parties or their
				attorneys of record. Service of the petition and summons must be made in
				accordance with Nebraska law.
009.03 The provisions of
Neb.
				Rev. Stat.
§
									79-1167
				specify the procedure for and effect of taking an appeal to state district
				court under the Nebraska Special Education Act.
009.04 Under of the Nebraska Special
				Education Act (
Neb. Rev. Stat.
§
									79-1167
				), any party of record may seek enforcement of the final decision and order of
				the hearing officer by filing a petition for appropriate relief in the district
				court of the county in which the main administrative offices of the school
				district are located within one year after the date of the hearing officer's
				final decision and order.
009.05
				Under Section 1415(I)(2) of the Individuals With Disabilities Education Act (
				20 U.S.C.
				1415 ), any party aggrieved by the findings
				and decision made under this Chapter shall have the right to bring a civil
				action with respect to the complaint presented pursuant to this Chapter, which
				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. Under Section 1415(I)(3)(B) of the Individuals with Disability
				Education Act (
				20 U.S.C.
				1415 ), in any action brought under Section
				1415 of the Act, the United States District court, in its discretion, may award
				reasonable attorney's fees as part of the costs to the parents of a child with
				a disability who is the prevailing party.
009.06 The provisions of
				20 U.S.C.
				1415(I)(2)(B) specify the
				requirements applicable to state or federal court in a civil action appealing a
				special education due process case under the Individuals With Disabilities
				Education Act.
009.07 The
				provisions of
				20 U.S.C. 1415(I)(3)(B) -
				(G) govern the availability and amount of
				attorney's fees that may be awarded by the United States District Court under
				the Individuals With Disabilities Education Act (
				20
				U.S.C. 1401 to
				1487 ).
009.08 The party bringing a civil action
				under subsection 009.05 shall have ninety (90) days from the date of the
				decision of the hearing officer to bring such action; or, if the state has an
				explicit time limitation for bringing such action under Part B of the
				Individuals With Disabilities Education Act (
				20
				U.S.C. 1411 to
				1444
				), in such time as the state law allows.