WILLIAM DONALD SCHAEFER, Governor Ch. 717

(d)  In accordance with the bylaws of the State Board and
applicable federal law or regulations, the time limits imposed by
subsections (a) and (c) of this section for a decision on a
request for review shall be extended or waived on written request
to the reviewing authority by the parent or guardian who
requested the review.

(e)  At any hearing held under this section, upon the
request of a party, the hearing officer shall administer oaths to
all witnesses.

(f)  If a decision is not made on a request for review
within the time prescribed by the bylaw and applicable federal
law and regulations, the circuit court for the county in which
the child resides, on petition, shall hear and make a decision on
the request for review as soon as practicable after receiving the
record of the case.

(g)  (1) An appeal from the decision of the State hearing
board under subsection (c) of this section shall be to the
circuit court for the county in which the handicapped child
resides OR, TO THE EXTENT AUTHORIZED BY FEDERAL LAW, TO A UNITED
STATES DISTRICT COURT.

(2) AN APPEAL TO EITHER THE CIRCUIT COURT OR TO THE
FEDERAL DISTRICT COURT SHALL BE FILED WITHIN 30 DAYS AFTER THE
DATE OF THE DECISION OF THE STATE HEARING BOARD.

(2) AN APPEAL TO THE CIRCUIT COURT UNDER PARAGRAPH
(1) OF THIS SUBSECTION SHALL BE FILED WITHIN 180 DAYS AFTER THE
DATE THAT NOTICE OF THE STATE HEARING BOARD'S DECISION IS SENT.

(h) Except for a review by a circuit court, any review
requested by a parent or guardian of a handicapped child shall be
conducted in conformity with this section and any applicable
federal law.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

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