Section 1415 (i) (2)

(2) Right to bring civil action

    (A) In general

  • Any party aggrieved by the findings and decision made under subsection (f) or (k) who does not have the right to an appeal under subsection (g), and any party aggrieved by the findings and decision made under this subsection, shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States, without regard to the amount in controversy.

    • (B) Limitation

  • The party bringing the action shall have 90 days from the date of the decision of the hearing officer to bring such an action, or, if the State has an explicit time limitation for bringing such action under this subchapter, in such time as the State law allows.

    • (C) Additional requirements

  • In any action brought under this paragraph, the court—
    • (i) shall receive the records of the administrative proceedings;
    • (ii) shall hear additional evidence at the request of a party; and
    • (iii) basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate.

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      Last modified on November 7, 2019