Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XI. Education and Libraries § 162.962. Decision subject to review, when, procedure - last updated January 01, 2025 | https://codes.findlaw.com/mo/title-xi-education-and-libraries/mo-rev-st-162-962/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)