305470, 6A-6.03311 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 305470

Notice of Development of Rulemaking

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03311

Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

PURPOSE:

The purpose of the rule development is to amend the civil action timeline in Florida rule to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §1415(i)(B).  The current rule provides 30 days for a party aggrieved by a hearing officer’s decision to bring a civil action.  The amended Rule will provide the full 90 days to bring an action, consistent with Federal law.

SUBJECT:

Timelines relating to civil action.

RULEMAKING AUTHORITY:

1001.02(1)(2)(n), 1003.01(3)(a)(b), 1003.57(5) FS.

LAW:

1001.42(4)(l), 1003.01(3)(a)(b), 1001.03(8), 1101.62(1)(c), 1003.57(5) FS.

PRINT PUBLISH DATE:

5/5/2006 Vol. 32/18

RELATED STATUTES
AND LAWS:

1001.02(1)(2)(n), 1003.01(3)(a)(b), 1003.57(5) FS., 1001.42(4)(l), 1003.01(3)(a)(b), 1001.03(8), 1101.62(1)(c), 1003.57(5) FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=6A-6.03311&PDate=5/5/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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