511 IAC 7-45-9 Judicial review of hearing officer decision

Sec. 9. (a) Any party disagreeing with the decision of the independent hearing officer may file a petition for judicial review with a civil court with jurisdiction. Under IC 4-21.5-5-5, a petition for review by a state or federal civil court must be filed within thirty (30) calendar days after the date the independent hearing officer's written decision is received by the party. The court shall: (1) receive the record of administrative proceedings; (2) hear additional evidence at the request of a party; and (3) grant the relief it determines to be appropriate, basing its decision on a preponderance of the evidence. (b) Nothing in this article shall be construed to restrict or limit the rights, procedures, and remedies available under: (1) the federal or state Constitution; (2) the Americans with Disabilities Act of 1990; (3) Title V of the Rehabilitation Act of 1973; or (4) other federal laws protecting the rights of students with disabilities; except that before the filing of a civil action under such laws seeking relief that is also available under this article, the procedures under sections 3 through 8 of this rule and this section shall be exhausted to the same extent as would be required had the action been brought under this article.