Appeal of Hearing Officer Decision

Either the parent or LEA (local education agency) who disagrees with the findings and decision of the Hearing Officer has the right to file an appeal. A party filing an appeal to state or federal court has ninety (90) calendar days from the date of the Hearing Officer decision in which to file such an appeal to state or federal court.

Student with a disability (school age); Eligible young child (early intervention/preschool); Protected handicapped student (Section 504/Chapter 15).

When the issues in the due process hearing are regarding a student with a disability, within ninety (90) calendar days from the date of the Hearing Officer Decision, it may be appealed either to the Pennsylvania Commonwealth Court or the appropriate United States District Court. The party filing an appeal is encouraged to seek legal counsel to ascertain any filing requirements/procedures and to determine the appropriate court with which to file an appeal.  Because providing such constitutes legal advice, this information cannot be provided by ODR. In Re Educational Assignment of T. C., Spec. Educ. Op. 1385 (2003).

Gifted Student. When the issues in the due process are regarding a child's status and/or claims as a gifted student, within thirty (30) calendar days from the date of the Hearing Officer Decision, it may be appealed to Pennsylvania Commonwealth Court. An appeal to the United States District Court is not available when the sole issues in the appeal relate to giftedness. The party filing an appeal is encouraged to seek legal counsel to ascertain any appeal deadlines with which to file an appeal. Because providing such constitutes legal advice, this information cannot be provided by ODR