162.962. Decision subject to review, when, procedure. - Missouri Statutes

Decision subject to review, when, procedure.

162.962. In a case where review of the hearing panel's decision issought by a school district or a parent or guardian, either party mayappeal as follows:

(1) The court shall hear the case without a jury and shall:

(a) Receive the records of the administrative proceedings;

(b) Hear additional evidence at the request of a party; and

(c) Grant the relief that the court determines to be appropriate,basing its decision on the preponderance of the evidence;

(2) Appeals may be taken from the judgment of the court as in othercivil cases;

(3) Judicial review of the hearing panel's decision may be institutedby filing a petition in a state or federal court of competent jurisdiction.Appeals to state court shall be filed within forty-five days after thereceipt of the notice of the agency's final decision;

(4) Except when provided otherwise within this chapter or Part 300 ofTitle 34 of the Code of Federal Regulations, the provisions of chapter 536,RSMo, are applicable to special education due process hearings and appealof same.

(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, A.L. 2003 H.B. 655)