162.962. Decision subject to review, when, procedure. — In a case where review of the administrative hearing commission's decision is sought by a school district or a parent or guardian, either party may appeal as follows:
(1) The court shall hear the case without a jury and shall:
(a) Receive the records of the administrative proceedings;
(b) Hear additional evidence at the request of a party; and
(c) Grant the relief that the court determines to be appropriate, basing its decision on the preponderance of the evidence;
(2) Appeals may be taken from the judgment of the court as in other civil cases;
(3) Judicial review of the administrative hearing commission's decision may be instituted by filing a petition in a state or federal court of competent jurisdiction. Appeals to state court shall be filed within forty-five days after the receipt of the notice of the agency's final decision;
(4) Except when provided otherwise within this chapter or Part 300 of Title 34 of the Code of Federal Regulations, the provisions of chapter 536 are applicable to special education due process hearings and appeal of same;
(5) When a commissioner renders a final decision, such decision shall not be amended or modified by the commissioner or administrative hearing commission.
Notes of Decisions
McEuen Ex Rel. McEuen v. Missouri State Bd. of Educ., 120 S.W.3d 207 (Mo. 2003).
· cites it 2× “961 pertaining to the discipline of students with disabilities, and all of section 162.962, pertaining to procedures for judicial review of resolution conferences, which provide a mechanism for parents of students with disabilities to challenge the assignment of those children…”
Neosho R-V Sch. Dist. v. McGee, 979 S.W.2d 537 (Mo. Ct. App. 1998).
· cites it 3× “Respondent contends, inter alia, that the trial court was without jurisdiction to enter judgment; that the issues for determination were administrative matters for determination as provided by § 162.962, RSMo 1994. This court agrees. The judgment of the circuit court is vacated.”
Vogel v. Sch. Bd. of Montrose R-14 Sch. Dist., 491 F. Supp. 989 (W.D. Mo. 1980).
“Pursuant to § 162.962 Mo.S.A. the local board of education “may review the report of the hearing panel” and, if it does not concur, “may seek review by the state board of education.”
Breen by & Through Breen v. St. Charles R-IV Sch. Dist., 2 F. Supp. 2d 1214 (E.D. Mo. 1997).
· cites it 2× “Pankow dissenting), that the District had offered to provide Ricky with a free appropriate public education in the least restrictive environment, namely in the public school setting.”
Hunt v. Bartman, 873 F. Supp. 229 (W.D. Mo. 1994).
“§ 162.962. Upon reviewing the entire record, the state level review officer issues a written decision either affirming or reversing the decision of the local hearing level.”
State ex rel. Clinton Area Vocational Sch. v. Dandurand, 766 S.W.2d 169 (Mo. Ct. App. 1989).
· cites it 2× “961 panel’s decision to the Missouri State Board of Education (state board) under a procedure authorized in § 162.962 which authorized additional evidence and arguments to be presented.”
A.L. v. Special Sch. Dist. of St. Louis Cnty. (E.D. Mo. 2024).
· cites it 5× “” Mo. Rev. Stat. § 162.962 (3). The Missouri State Plan for Special Education contains regulations implementing Part B of the IDEA and states that “[a]ny party aggrieved by the findings and decisions made in a hearing may appeal the decision within forty-five (45) days to the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.