Page:United States Statutes at Large Volume 118.djvu/2753

 118 STAT. 2723 PUBLIC LAW 108–446—DEC. 3, 2004 officer from ordering a local educational agency to comply with procedural requirements under this sec tion. ‘‘(F) RULE OF CONSTRUCTION.—Nothing in this para graph shall be construed to affect the right of a parent to file a complaint with the State educational agency. ‘‘(g) APPEAL.— ‘‘(1) IN GENERAL.—If the hearing required by subsection (f) is conducted by a local educational agency, any party aggrieved by the findings and decision rendered in such a hearing may appeal such findings and decision to the State educational agency. ‘‘(2) IMPARTIAL REVIEW AND INDEPENDENT DECISION.—The State educational agency shall conduct an impartial review of the findings and decision appealed under paragraph (1). The officer conducting such review shall make an independent decision upon completion of such review. ‘‘(h) SAFEGUARDS.—Any party to a hearing conducted pursuant to subsection (f) or (k), or an appeal conducted pursuant to sub section (g), shall be accorded— ‘‘(1) the right to be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities; ‘‘(2) the right to present evidence and confront, cross examine, and compel the attendance of witnesses; ‘‘(3) the right to a written, or, at the option of the parents, electronic verbatim record of such hearing; and ‘‘(4) the right to written, or, at the option of the parents, electronic findings of fact and decisions, which findings and decisions— ‘‘(A) shall be made available to the public consistent with the requirements of section 617(b) (relating to the confidentiality of data, information, and records); and ‘‘(B) shall be transmitted to the advisory panel estab lished pursuant to section 612(a)(21). ‘‘(i) ADMINISTRATIVE PROCEDURES.— ‘‘(1) IN GENERAL.— ‘‘(A) DECISION MADE IN HEARING.—A decision made in a hearing conducted pursuant to subsection (f) or (k) shall be final, except that any party involved in such hearing may appeal such decision under the provisions of subsection (g) and paragraph (2). ‘‘(B) DECISION MADE AT APPEAL.—A decision made under subsection (g) shall be final, except that any party may bring an action under paragraph (2). ‘‘(2) RIGHT TO BRING CIVIL ACTION.— ‘‘(A) IN GENERAL.—Any party aggrieved by the findings and decision made under subsection (f) or (k) who does not have the right to an appeal under subsection (g), and any party aggrieved by the findings and decision made under this subsection, shall have the right to bring a civil action with respect to the complaint presented pursuant to this section, which action may be brought in any State court of competent jurisdiction or in a district court of the United States, without regard to the amount in con troversy.

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