Administrative and judicial review

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  • (a) A child, or the child's parent or guardian, may obtain administrative and judicial review of any action or omission covered by this chapter on the grounds that the child has been or is about to be:

    • (1) denied entry or continuance in a program of special education appropriate to the child's disability and needs;

    • (2) placed in a special education program which is inappropriate to the child's disability and needs;

    • (3) denied educational services because no suitable program of education or related services is maintained;

    • (4) provided with special education or other education which is insufficient in quantity to satisfy the requirements of law;

    • (5) provided with special education or other education to which the child is entitled only by units of government or in situations which are not those having the primary responsibility for providing the services in question; or

    • (6) assigned to a program of special education when the child is not disabled.

  • (b) The parent or guardian of a child placed or denied placement in a program of special education shall be notified promptly, by registered certified mail, return receipt requested, of such placement, denial or impending placement or denial. Such notice shall contain a statement informing the parent or guardian that he is entitled to review of the determination and of the procedure for obtaining such review.

  • (c) The Department of Education shall make and, from time to time, may amend or revise rules and regulations for the conduct of hearings authorized by this section and otherwise for the implementation of its purpose.

  • (d) The remedies provided by this section are in addition to any other remedies which a child, his parent or guardian may otherwise have pursuant to law.


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