S.B. 137

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SPECIAL EDUCATION DISPUTE RESOLUTION
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David H. Steele
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR THE STATE BOARD OF
6 EDUCATION TO ADOPT RULES MEETING FEDERAL REQUIREMENTS GOVERNING
7 THE ESTABLISHMENT AND MAINTENANCE OF PROCEDURAL SAFEGUARDS FOR
8 STUDENTS WITH DISABILITIES AS TO A FREE APPROPRIATE PUBLIC EDUCATION;
9 PROVIDING A HEARING PROCESS AND TIMELINES TO RESOLVE SPECIAL
10 EDUCATION DISPUTES; PROVIDING AN APPEAL PROCESS; AND PROVIDING
11 CONDITIONS FOR RECOVERY OF ATTORNEY FEES.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 ENACTS:
14 53A-15-305, Utah Code Annotated 1953
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 53A-15-305 is enacted to read:
17 53A-15-305. Resolution of disputes in special education -- Hearing request --
18 Timelines -- Levels -- Appeal process -- Recovery of costs.
19 (1) The Legislature finds that it is in the best interest of students with disabilities to
20 provide for a prompt and fair final resolution of disputes which may arise over educational
21 programs and rights and responsibilities of students with disabilities, their parents, and the public
22 schools.
23 (2) Therefore, the State Board of Education shall adopt rules meeting the requirements of
24 20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards
25 for students with disabilities and their parents or guardians as to the provision of free, appropriate
26 public education to those students.
27 (3) The timelines established in this section are intended to ensure that adequate time is

1 given to address and resolve disputes without unnecessarily disrupting or delaying the provision
2 of free, appropriate public education for students with disabilities.
3 (4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under
4 this section shall make a good faith effort to resolve the dispute informally at the school building
5 level.
6 (5) If the dispute is not resolved under Subsection (4), the moving party in the dispute
7 concerning the rights of a special education student under state or federal law shall submit a
8 written request for a hearing to the superintendent of the school district which is responsible for
9 providing the special education services.
10 (6) (a) Within 45 days after receipt of the written request, the school district shall provide
11 for a first level hearing and issuance of a written decision to the parties, together with a notice of
12 rights of appeal, unless the hearing authority grants a time extension for good cause shown.
13 (b) The State Board of Education shall adopt minimum standards for information to be
14 included in the notice of appeal.
15 (7) (a) A party to a first level hearing may appeal the decision to the State Office of
16 Education by submitting a written request for review of the hearing to the Coordinator of Special
17 Education in the State Office of Education within 30 days after issuance of the decision.
18 (b) The coordinator shall provide for review of the first level hearing record by a panel of
19 three hearing officers chosen jointly by the student's parents and the district superintendent.
20 (c) The panel shall hold a hearing and issue a written decision to the parties within 30 days
21 after receipt of the written request for review, unless the panel grants an extension for good cause
22 shown.
23 (8) (a) A party to the dispute may appeal the decision issued under Subsection (7)(c) to
24 a court of competent jurisdiction under 20 U.S.C. Section 1415(e).
25 (b) The party must file the judicial appeal within 30 days after issuance of the review
26 panel's decision.
27 (9) If the parties fail to reach agreement on payment of attorney fees, then a party seeking
28 recovery of attorney fees under 20 U.S.C. Section 1415(e) for a special education administrative
29 action shall file a court action within 30 days after issuance of a decision under Subsection (6) or
30 within 30 days after a decision under Subsection (7), whichever is later.


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Legislative Review Note
as of 1-22-97 8:51 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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