In a case where review of the hearing panel's decision is sought by a school district or a parent or guardian, either party may appeal as follows:

1. (1) The court shall hear the case without a jury and except as otherwise provided in subsection 4 of section* 536.140, RSMo, shall hear it upon the petition and record filed as provided in sections 162.950 to 162.961;

2. (2) The inquiry may extend to a determination of whether the action of the agency:

   1. (a) Is in violation of constitutional provisions;
   2. (b) Is unsupported by competent and substantial evidence upon the entire record;
   3. (c) Is made upon unlawful procedure or without a fair trial;
   4. (d) Is arbitrary, capricious, or unreasonable; or
   5. (e) Involves an abuse of discretion.

(L. 1977 H.B. 130, A.L. 1979 H.B. 343, A.L. 1992 H.B. 1151, A.L. 1994 H.B. 1397, A.L. 2002 H.B. 2023)

*Word "section" does not appear in original rolls.