If a school corporation files a petition for review, the civil court judge will review all of the evidence in the case and make a determination in either the parents or the school’s favor.
The civil court judge can also, in their discretion, award reasonable attorney’s fees to the parents if they’re the prevailing party in the case. If the school is the prevailing party, the judge can order reimbursement of the school corporation’s attorneys fees, but only if they determine that the parents’ request for a due process hearing was improper and intended to harass or increase the school’s litigation costs.
It’s also important to note that under the Individuals with Disabilities Education Act parents must go through a due process proceeding before going to civil court.
Following the conclusion of a due process hearing, an independent hearing officer will issue a written decision. The decision may be in the parents’ favor, the school’s favor, or split between the parties. Generally, if the hearing officer sides with the parents, they’ll include a corrective action a school must undertake in its decision.
If the hearing officer sides with the parents, the school has 30 days to implement the orders in the decision. However, the school can choose to file a petition for judicial review — essentially an appeal — in the civil court that has jurisdiction in the case.
Parents also have the right to appeal the decision in civil court. And they must go to civil court to get reimbursed for attorney’s fees.