GENERAL ASSEMBLY OF NORTH CAROLINA

1993 SESSION

CHAPTER 270

SENATE BILL 559

AN ACT TO RESOLVE THE CONFLICT BETWEEN THE STATE AND FEDERAL SPECIAL EDUCATION LAW REGARDING THE PROCEDURE OF FILING A CIVIL ACTION.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 115C-116(k) reads as rewritten:

"(k)      Right to File Civil Action. - Any party aggrieved by the decision of the Review Officer may institute a civil action in State or federal court as provided in 20 U.S.C. § 1415 within 30 days after receipt of notice of the decision. court within 30 days after receipt of the notice of the decision or in federal court as provided in 20 U.S.C. § 1415."

Sec. 2.  This act is effective upon ratification and applies to actions filed on or after this date.

In the General Assembly read three times and ratified this the 5th day of July, 1993.

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Dennis A. Wicker

President of the Senate

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Daniel Blue, Jr.

Speaker of the House of Representatives