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S.B. 137 Enrolled
AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR THE STATE BOARD OF
EDUCATION TO ADOPT RULES MEETING FEDERAL REQUIREMENTS
GOVERNING THE ESTABLISHMENT AND MAINTENANCE OF PROCEDURAL
SAFEGUARDS FOR STUDENTS WITH DISABILITIES AS TO A FREE
APPROPRIATE PUBLIC EDUCATION; PROVIDING A HEARING PROCESS AND
TIMELINES TO RESOLVE SPECIAL EDUCATION DISPUTES; PROVIDING AN
APPEAL PROCESS; AND PROVIDING CONDITIONS FOR RECOVERY OF
ATTORNEY FEES.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
53A-15-305, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-15-305 is enacted to read:
53A-15-305. Resolution of disputes in special education -- Hearing request --
Timelines -- Levels -- Appeal process -- Recovery of costs.
(1) The Legislature finds that it is in the best interest of students with disabilities to
provide for a prompt and fair final resolution of disputes which may arise over educational
programs and rights and responsibilities of students with disabilities, their parents, and the public
schools.
(2) Therefore, the State Board of Education shall adopt rules meeting the requirements of
20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards
for students with disabilities and their parents or guardians as to the provision of free, appropriate
public education to those students.
(3) The timelines established in this section are intended to ensure that adequate time is
given to address and resolve disputes without unnecessarily disrupting or delaying the provision
of free, appropriate public education for students with disabilities.
(4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under this
section shall make a good faith effort to resolve the dispute informally at the school building level.
(5) If the dispute is not resolved under Subsection (4), the moving party in the dispute
concerning the rights of a special education student under state or federal law shall submit a written
request for a hearing to the superintendent of the school district which is responsible for providing
the special education services.
(6) (a) Within 45 days after receipt of the written request, the school district shall provide
for a first level hearing and issuance of a written decision to the parties, together with a notice of
rights of appeal, unless the hearing authority grants a time extension for good cause shown.
(b) The State Board of Education shall adopt minimum standards for information to be
included in the notice of appeal.
(7) (a) A party to a first level hearing may appeal the decision to the State Office of
Education by submitting a written request for review of the hearing to the Coordinator of Special
Education in the State Office of Education within 30 days after issuance of the decision.
(b) The coordinator shall provide for review of the first level hearing record by a panel of
three hearing officers chosen jointly by the student's parents and the district superintendent.
(c) The panel shall hold a hearing and issue a written decision to the parties within 30 days
after receipt of the written request for review, unless the panel grants an extension for good cause
shown.
(8) (a) A party to the dispute may appeal the decision issued under Subsection (7)(c) to a
court of competent jurisdiction under 20 U.S.C. Section 1415(e).
(b) The party must file the judicial appeal within 30 days after issuance of the review panel's
decision.
(9) If the parties fail to reach agreement on payment of attorney fees, then a party seeking
recovery of attorney fees under 20 U.S.C. Section 1415(e) for a special education administrative
action shall file a court action within 30 days after issuance of a decision under Subsection (6) or
within 30 days after a decision under Subsection (7), whichever is later.
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