1998 Regular Session
By: Senator(s) Ferris
Senate Bill 2731
(As Sent to Governor)
AN ACT TO AMEND SECTION 37-23-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PARTY AGGRIEVED BY THE FINDINGS OF A HEARING OFFICER PURSUANT TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT MAY APPEAL BY CIVIL ACTION IN ANY STATE COURT WITH COMPETENT JURISDICTION, AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 37-23-11, Mississippi Code of 1972, is amended as follows:
37-23-11. (1) When any public agency directly responsible for the education of exceptional children, with the exception of those children possessing an exceptionally high degree of intellect, ability or creative talent, shall: (1) initiate or change the identification, evaluation, or educational placement of the child or the provision of a free appropriate public education to the child, or (2) refuse to initiate or change the identification, evaluation or educational placement of the child or the provision of a free appropriate public education to the child, and a hearing be initiated, either before the public agency directly responsible for the education of the child or the State Department of Education, the hearing officer and the State Department of Education shall have the power to compel the attendance of witnesses.
(2) Any party aggrieved by the findings and decision of a hearing officer made in an impartial due process hearing pursuant to The Individuals With Disabilities Education Act may bring a civil action in any state court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy. The action shall be filed no later than thirty (30) days after the date of the hearing officer's decision.
SECTION 2. This act shall take effect and be in force from and after July 1, 1998.