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PROCEDURAL SAFEGUARDS: RESOLUTION MEETINGS AND DUE PROCESS HEARINGS - Regulations

11. Specify a timeline for bringing a civil action.

The party bringing the action shall have 90 days from the date of the decision of the hearing officer or, if applicable, the decision of the State review official, to file a civil action, or, if the State has an explicit time limitation for bringing civil actions under Part B of the Act, in the time allowed by that State law.
[34 CFR 300.516(b)] [20 U.S.C. 1415(i)(2)(B)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your opinion, why is it important that hearing officers have specific guidelines for determination of procedural violations with regard to FAPE?


Application Questions

  1. Do you know the level of awareness within your district regarding hearing officer guidelines on determining FAPE? How can you support understanding of this provision and the role of the hearing officer?

    These questions were developed by the following stakeholders working together:

    Role: General Education Administrator
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: Family Member
    Location: New Jersey

    Role: Teacher
    Location: West Virginia