Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

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.

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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.
download files 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
download files 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.
download files 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.
download files MS Word (41K) | PDF (69K)

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Last Modified: 05/04/2007