SPECIAL EDUCATION & REHABILITATIVE SERVICES
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.

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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.
download icon 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.
download icon MS Word (27K) | PDF (168K)

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Last Modified: 05/04/2007