Does the due process hearing preclude a party from filing a civil action in court?
Any party who disputes the final decision of the hearing officer may bring a civil action in any state court of competent jurisdiction or in a U.S. district court any party not satisfied with the decision of the independent hearing officer can appeal within 30 days to the State Board of Education Appeals Board who has 3 days to issue a decision. If a party is not satisfied with the decision of the State Board of Appeals, they can then file suit in court. The party bringing the civil action has 30 days from the date of the State Appeals Board’s final decision to file the claim, unless state law prevails. Can a court award attorney’s fees to the prevailing party in a civil action? U.S. district courts may award reasonable attorney’s fees to prevailing parties (parents, SEAs or LEAs) as part of any settlement of a due process complaint or civil action. Attorney’s fees granted to SEAs or LEAs may only be granted under certain guidelines. First, the parents’ attorney may be forced to pay th
