State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-109_9

§ 115C‑109.9.  Review byreview officer; appeals.

(a)        Any party aggrievedby the findings and decision of a hearing officer under G.S. 115C‑109.6or G.S. 115C‑109.8 may appeal the findings and decision within 30 daysafter receipt of notice of the decision by filing a written notice of appealwith the person designated by the State Board under G.S. 107.2(b)(9) to receivenotices. The State Board, through the Exceptional Children Division, shallappoint a Review Officer from a pool of review officers approved by the StateBoard of Education. The Review Officer shall conduct an impartial review of thefindings and decision appealed under this section. The Review Officerconducting this review shall make an independent decision upon completion ofthe review. The decision of the Review Officer becomes final unless anaggrieved party brings a civil action under subsection (d) of this section. Acopy of the decision shall be served upon each party, and a copy shall befurnished to the attorneys of record and the Office of Administrative Hearings.The written notice shall contain a statement informing the parties of the rightto file a civil action and the 30‑day limitation period for filing acivil action under subsection (d) of this section.

(b)        A Review Officer shallbe an educator or other professional who is knowledgeable about specialeducation and who possesses other qualifications as may be established by theState Board of Education. No person may be appointed as a Review Officer ifthat person is an employee of the State Board of Education, the Department ofPublic Instruction, or the local educational agency that has been involved inthe education or care of the child whose parents have filed the petition.

(c)        The State Board mayenforce the final decision of the administrative law judge under G.S. 115C‑109.6,if not appealed under this section, or the final decision of the ReviewOfficer, by ordering a local educational agency:

(1)        To provide a childwith appropriate education;

(2)        To place a child ina private school that is approved to provide special education and that canprovide the child an appropriate education; or

(3)        To reimburse parentsfor reasonable private school placement costs in accordance with this Articleand IDEA when it is determined that the local educational agency did not offeror provide the child with appropriate education and the private school in whichthe parent placed the child was an approved school and did provide the child anappropriate education.

(d)        Any party that doesnot have the right to appeal under this Part and any party who is aggrieved bythe decision of the Review Officer under this section may institute a civilaction in State court within 30 days after receipt of the notice of thedecision or in federal court as provided in 20 U.S.C. § 1415.

(e)        Except as providedunder IDEA, upon the filing of a petition under G.S. 115C‑109.6 andduring the pendency of any proceedings under this Part, the child must remainin the child's then‑current educational placement or, if applying forinitial admission to a public school, the child must be placed in the publicschool. Notwithstanding this subsection, the parties may agree in writing to adifferent educational placement for the child during the pendency of anyproceedings under this Part. (2006‑69, s. 2.)