OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

APPEALS

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

Redacted letter
August 12, 2004
Topic: Appeals
Letter regarding the appeal rights that Part B of IDEA affords to any party aggrieved by the findings and decisions of a hearing in a one-tier system, and clarifying that certain provisions in the Florida statute and regulations giving an aggrieved party the right to appeal to a specific State court are inconsistent with section 615(i)(1) and (2) of IDEA because that State court does not have authority to hear additional evidence at the request of a party.

MS Word (31K) |
PDF (253K)

Letter to Mr. David Heckler
July 22, 2004
Topic: Appeals
Letter regarding proposed legislation that would impose conditions other than those contained in Part B of IDEA that would limit the ability of a court or a hearing officer to fashion appropriate relief, including awarding full reimbursement for a nonpublic placement where FAPE is not made available to a child with a disability in a timely manner.

MS Word (27K) |
PDF (168K)

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Last modified on April 6, 2017