Appeals
ODR DOES NOT MAKE A DETERMINATION AS TO WHETHER AN LEA OR PRESCHOOL EARLY INTERVENTION PROGRAM IS IN COMPLIANCE WITH A HEARING OFFICER DECISION, NOR DOES ODR INTERPRET SUCH DECISIONS. ISSUES REGARDING COMPLIANCE SHOULD BE DIRECTED TO THE APPROPRIATE DIVISION CHIEF OF THE BUREAU OF SPECIAL EDUCATION, OR THE LEA SOLICITOR, OR OCDEL FOR EARLY INTERVENTION CASES.
Appeal Timelines
A Hearing Officer Decision concerning early intervention, school-age, and/or Section 504 issues for children with disabilities may be appealed by either party to state court within thirty (30) calendar days, or to federal court within ninety (90) calendar days of the date of that decision.
Completion of Assurance Forms
When a hearing officer orders an EI-Preschool Early Intervention, LEA or Charter School to take action, the EI-Preschool Early Intervention, LEA or Charter School is obligated to complete an assurance form, assuring that it has complied with the hearing officer’s decision. The completed form is sent to the Office for Dispute Resolution. If the hearing officer has not ordered the EI-Preschool Early Intervention, LEA or Charter School to take any action, then an assurance form is not required.
Child’s Status During Appeals: Completion of Assurance Form
If the hearing officer agrees with the child’s parents that a change of placement is appropriate, the child is afforded that placement during the pendency of any administrative or judicial proceeding, consistent with the requirements at 34 CFR § 300.518(d). Within thirty (30) days of the hearing officer decision, an assurance form must be executed by the EI-Preschool Early Intervention, Superintendent or Charter School Chief Executive Officer and returned to the assigned Office for Dispute Resolution Case Manager, assuring that the child has been afforded the ordered placement regardless of any appeal.
Timeline for Completing All Other Assurance Forms (i.e. those not covered under Section III. above)
Until the expiration of the applicable appeal period, the EI-Preschool Early Intervention, LEA or Charter School is not obligated to implement the Hearing Officer’s Decision. At the expiration of the appeal period, if no appeal has been taken, the EI-Preschool Early Intervention, LEA or Charter School is required to comply with the Hearing Officer’s Decision. The EI-Preschool Early Intervention, LEA or Charter School has sixty (60) calendar days after the expiration of the appeal period in which to complete, have executed by the EI-Preschool Early Intervention, Superintendent or Charter School Chief Executive Officer, and return the assurance form to the assigned Office for Dispute Resolution Case Manager.
If an appeal is taken from the Hearing Officer Decision, the LEA or Preschool Early Intervention is not required to implement the Decision unless directed to do so by the judiciary.