TIMELINES FOR 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.

Letter to Mr. George P. Dowaliby
June 26, 2002
Topic: Timelines for Appeals
Letter clarifying that to require that issues be raised at a planning and placement team meeting before they can be addressed at a due process hearing establishes impermissible notice and exhaustion burdens inconsistent with the IDEA and its implementing regulations.
MS Word (34K) | PDF (104K)

Letter to Dr. Norena A. Hale
June 25, 2002
Topic: Timelines for Appeals
Letter clarifying that the States must revise or delete their 30-day time limits because Circuit Court decisions applicable to these States have specifically rejected a 30-day time for appealing due process hearing decisions since it conflicts with the policies and purposes of the IDEA
MS Word (33K) | PDF (73K)

Letter to Ms. Marcia Harding
June 4, 2002
Topic: Timelines for Appeals
Letter requesting that Arkansas revise its 30-day time limit for filing a civil action under IDEA to be consistent with a case involving the Arkansas time limit.
MS Word (55K) | PDF (108K)

Letter to Dr. Norena A. Hale
June 4, 2002
Topic: Timelines for Appeals
Letter requesting that the States either explain why case law rejecting a 30-day time limit for judicial review of IDEA claims is not applicable to civil actions in their States or revise their 30- day time limits.
MS Word (41K) | PDF (69K)

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