Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 32
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4430-Calendar-Day Resolution Period, not later than 45 calendar days after the expiration of the
adjusted time period:
1. A final decision is reached in the hearing; and
2. A copy of the decision is mailed to each of the parties.
A hearing officer may grant specific extensions of time beyond the 45-calendar-day time period
described above at the request of either party.
Virginia Regulations further require that the
hearing officer may only grant the extension if it is in the best interest of the child.
Each hearing must be conducted at a time and place that is reasonably convenient to you and
your child.
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IVIL
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If either you or the school division disagrees with the hearing decision, a civil
action can be filed in state or federal court, but there is a time limit.
General
Any party (you or the school division) who does not agree with the findings and decision in the
due process hearing (including a hearing relating to disciplinary procedures) has the right to
bring a civil action with respect to the matter that was the subject of the due process hearing. The
action may be brought in a Virginia court of competent jurisdiction (a State court that has
authority to hear this type of case) or in a Federal District Court without regard to the amount in
dispute.
Time Limitation
The party (you or the school division) bringing the action shall have 90 calendar days from the
date of the decision of the hearing officer to file a civil action in a Federal District Court, or
within 180 days in state circuit court.
Additional procedures
In any civil action, the court:
1. Receives the records of the administrative proceedings;
2. Hears additional evidence at your request or at the school division's request; and
3. Bases its decision on the preponderance of the evidence and grants the relief that the
court determines to be appropriate.
Jurisdiction of Federal District Courts
The Federal District Courts have authority to rule on actions brought under the IDEA without
regard to the amount in dispute.
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