Section 162.962

Title XI EDUCATION AND LIBRARIES

Chapter 162

Effective - 28 Aug 2002, 3 histories, see footnote   (history) 

  162.962.  Decision subject to review, when, procedure. — In a case where review of the hearing panel's decision is sought by a school district or a parent or guardian, either party may appeal as follows:

  (1) The court shall hear the case without a jury and except as otherwise provided in subsection 4 of section* 536.140, RSMo, shall hear it upon the petition and record filed as provided in sections 162.950 to 162.961;

  (2) The inquiry may extend to a determination of whether the action of the agency:

  (a) Is in violation of constitutional provisions;

  (b) Is unsupported by competent and substantial evidence upon the entire record;

  (c) Is made upon unlawful procedure or without a fair trial;

  (d) Is arbitrary, capricious, or unreasonable; or

  (e) Involves an abuse of discretion.

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(L. 1977 H.B. 130, A.L. 1979 H.B. 343, A.L. 1992 H.B. 1151, A.L. 1994 H.B. 1397, A.L. 2002 H.B. 2023)

*Word "section" does not appear in original rolls.