Utah Code 53E-7-208. Special education dispute resolution — Rulemaking — Due process hearing — Right to appeal
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(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 Utah Code 53E-7-201
- eligible student: means a child with a disability who is:(8)(a) at least 3 years old but younger than 22 years old; or(8)(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 :
(6)(a) a school district;(6)(b) a charter school; or(6)(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 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
(1)(a) allow for a prompt, fair, and final resolution of a dispute that arises over the provision of special education to an eligible student;(1)(b) establish and maintain procedural safeguards that meet the requirements of 20 U.S.C. § 1415; and(1)(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)(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.(3)(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:(3)(b)(i) conduct a due process hearing; and(3)(b)(ii) issue a decision on the due process hearing.(4)(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.(4)(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. - LEA: means :