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If the district fails to implement the hearing officer's decision, the parent has the right to bring the failure to the attention of the department through the special education complaint process. The department must monitor final orders and ensure they are enforced. In accordance with Minnesota Statutes, section 127A.42, the commissioner may impose sanctions necessary to correct any failure. Once the hearing officer has issued a final decision, the hearing officer lacks authority to amend the decision except for clerical or mathematical errors. The parent or district may seek review of the hearing officer's decision in the Minnesota Court of Appeals or in the federal District Court, consistent with federal law. A party must appeal to the Minnesota Court of Appeals within 60 calendar days of receiving the hearing officer's decision.

Statutory Authority:

MS s 14.389; 120.17; L 1999 c 123 s 19,20; L 2003 1Sp9 art 3 s 19


14 SR 281; L 1998 c 397 art 11 s 3; L 1998 c 398 art 5 s 55; 24 SR 1799; 26 SR 657; L 2003 c 130 s 12; 28 SR 1292

Published Electronically:

October 12, 2007

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