---
kind: "section"
citation: "34 C.F.R. § 303.438"
title: "34"
number: "303.438"
heading: "Civil action."
url: "https://uscodex.org/cfr/34/303.438"
---

# §303.438. Civil action.


Any party aggrieved by the findings and decision issued pursuant to a due process complaint has the right to bring a civil action in State or Federal court under [section 639(a)(1)](/cfr/34/639.md?p=a-1) of the Act.


## Notes

### Authority

Authority: 20 U.S.C. 1431 through 1444, unless otherwise noted.

### Source

Source: 76 FR 60244, Sept. 28, 2011, unless otherwise noted.