WAC 392-172A-05115

As the notice states it

Heading, as printed: "Finality of Decision; Appeal"

Citation line, as printed: "34 CFR §300.514; WAC 392-172A-05115"

"A decision made in a due process hearing (including a hearing relating to disciplinary procedures) is final, unless either party (you or the district) involved in the hearing appeals the decision by bringing a civil action, as described below."

Heading, as printed: "Civil Actions, Including the Time Period in Which to File Those Actions"

Citation line, as printed: "34 CFR §300.516; WAC 392-172A-05115"

General

"If either party does not agree with the findings and decision in the due process hearing (including a hearing relating to disciplinary procedures), that party 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 state court of competent jurisdiction (a state court that has authority to hear this type of case) or in a district court of the United States. The district courts of the United States have authority to rule on actions brought under Part B of IDEA without regard to the amount in dispute."

Time Limitation

"The party bringing the action will have 90 calendar days from the date of the decision of the ALJ to file a civil action."

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 district's request; and"

"3. Bases its decision on the preponderance of the evidence and grants the relief that the court determines to be appropriate."

Rule of Construction

"Nothing in Part B of IDEA restricts or limits the rights, procedures, and remedies available under the U.S. Constitution, the Americans with Disabilities Act of 1990, Title V of the Rehabilitation Act of 1973 (Section 504), or other federal laws protecting the rights of students with disabilities. However, if you are filing a civil action under these laws and you are seeking relief that is also available under Part B of IDEA, the due process hearing procedures described above must be exhausted to the same extent as would be required if you filed the action under Part B of IDEA. This means that you may have remedies available under other laws that overlap with those available under IDEA, but in general, to obtain relief under those other laws; you must first use the impartial due process hearing procedures to obtain remedies available under IDEA before going directly into court."

On this site

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Previous: WAC 392-172A-05100 · Next: WAC 392-172A-05120

Source

Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.

Change log

Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.