Ind. Admin. Code tit. 511, r. 7-45-9 – Judicial review of hearing officer decision

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-511090795FRA; readopted filed Nov 6, 2014, 3:23 p.m.: 20141203-IR-511140382RFA; readopted filed Dec 1, 2020, 1:48 p.m.: 20201230-IR-511200548RFA)