---
kind: "section"
citation: "34 C.F.R. § 303.448"
title: "34"
number: "303.448"
heading: "Civil action."
url: "https://uscodex.org/cfr/34/303.448"
---

# §303.448. Civil action.

- (a) **General.** Any party aggrieved by the findings and decision made under [§§ 303.440 through 303.445](/cfr/34/303.440..303.445.md) who does not have the right to an appeal under [§ 303.446(b)](/cfr/34/303.446.md?p=b), and any party aggrieved by the findings and decision under [§ 303.446(b)](/cfr/34/303.446.md?p=b), has the right to bring a civil action with respect to the due process complaint under [§ 303.440](/cfr/34/303.440.md). The action may be brought in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy.
- (b) **Time limitation.** The party bringing the action has 90 days from the date of the decision of the hearing officer or, if applicable, the decision of the State review official, to file a civil action, or, if the State has an explicit time limitation for bringing civil actions under part C of the Act, in the time allowed by that State law.
- (c) **Additional requirements.** In any action brought under [paragraph (a)](#a) of this section, the court—
  - (1) Receives the records of the administrative proceedings;
  - (2) Hears additional evidence at the request of a party; and
  - (3) Basing its decision on the preponderance of the evidence, grants the relief that the court determines to be appropriate.
- (d) **Jurisdiction of district courts.** The district courts of the United States have jurisdiction of actions brought under section 615 of the Act without regard to the amount in controversy.
- (e) **Rule of construction.** Nothing in this part restricts or limits the rights, procedures, and remedies available under the Constitution, the Americans with Disabilities Act of 1990, title V of the Rehabilitation Act of 1973, or other Federal laws protecting the rights of children with disabilities, except that before the filing of a civil action under these laws seeking relief that is also available under section 615 of the Act, the procedures under §§ [303.440](/cfr/34/303.440.md) and [303.446](/cfr/34/303.446.md) must be exhausted to the same extent as would be required had the action been brought under [section 615](/cfr/34/615.md) 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.