Identification, evaluation, or educational placement; hearing; copy of procedures provided; reimbursement.
A parent, guardian, competent student of the age of majority, or school district may initiate a hearing on matters related to the initiation, change, or termination or the refusal to initiate, change, or terminate the identification, evaluation, or educational placement of a child with a disability or the provision of a free appropriate public education or records relating thereto. A copy of the procedures specified in rules and regulations of the State Department of Education for complaints and hearings under this section shall be provided by school districts to all parents and guardians of children with disabilities upon initial consideration of the provision of services for their children with disabilities. Such hearing shall be initiated by filing a petition with the State Department of Education.
Source:Laws 1978, LB 871, § 4; Laws 1985, LB 518, § 5; R.S.Supp.,1986, § 43-661; Laws 1987, LB 367, § 49; R.S.1943, (1994), § 79-3349; Laws 1996, LB 900, § 844; Laws 1997, LB 346, § 43; Laws 2001, LB 797, § 47.
Insofar as a State is required to provide a handicapped student with a "free appropriate public education" it satisfies that requirement by providing personalized instruction with sufficient support services to permit the student to benefit educationally from that instruction. Adams Central School Dist. v. Deist, 215 Neb. 284, 338 N.W.2d 591 (1983).
Parent must exhaust administrative remedies before asking a federal court to direct a different placement than that ordered by school. Monahan v. State of Nebraska, 687 F.2d 1164 (8th Cir. 1982).