B. Time Limitation The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a civil action. C. Additional Requirements In any action brought under paragraph (A) of this section, the court-- (1) Receives the records of the administrative proceedings; (2) Hears additional evidence at the request of a party; and (3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate. D. Jurisdiction of District Courts The district courts of the United States have jurisdiction of actions brought under section 615 of the IDEA without regard to the amount in controversy. E. Rule of Construction Nothing in this part restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under the section of the Act, the procedures under procedural safeguards Section XVI.5 and must be exhausted to the same extent as would be required Section XVI.16 had the action been brought under section of the the procedural safeguards IDEA. [20 U.S.C. 1415(i)(2) and (3)(A), 1415(l)and 34 CFR 300.516] F. If a party appeals a hearing decision, that party must send a copy of that appeal to the Department of Education Due Process Office at the same time as the appeal is filed with the court. 20. Child's Status during Proceedings A. Except as provided in during the pendency of any Section XVII.4, mediation administrative or judicial or state complaint investigation request or proceeding regarding a due process notice requesting a due hearing request process hearing under unless the or and the Section XVI.5, Department SAU parents of the child agree otherwise, the child involved in the hearing request must remain in his or her current educational placement.
B. Time Limitation The party bringing the action shall have 90 days from the date of the decision of the hearing officer to file a civil action. C. Additional Requirements In any action brought under paragraph (A) of this section, the court-- (1) Receives the records of the administrative proceedings; (2) Hears additional evidence at the request of a party; and (3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate. D. Jurisdiction of District Courts The district courts of the United States have jurisdiction of actions brought under section 615 of the IDEA without regard to the amount in controversy. E. Rule of Construction Nothing in this part restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under the procedural safeguards section of the Act, the procedures under Section XVI.5 and Section XVI.16 must be exhausted to the same extent as would be required had the action been brought under the procedural safeguards section of the IDEA. [20 U.S.C. 1415(i)(2) and (3)(A), 1415(l)and 34 CFR 300.516] F. If a party appeals a hearing decision, that party must send a copy of that appeal to the Department of Education Due Process Office at the same time as the appeal is filed with the court. 20. Child's Status during Proceedings A. Except as provided in Section XVII.4, during the pendency of any mediation or state complaint investigation request or administrative or judicial proceeding regarding a due process hearing request notice requesting a due process hearing under Section XVI.5, unless the Department or SAU and the parents of the child agree otherwise, the child involved in the hearing request must remain in his or her current educational placement.
071c101.docx