Timelines

Special timelines and procedures apply for filing exceptions and answers to exceptions for Hearing Officer decisions. The Special Education Dispute Resolution Manual describes these timelines and procedures.

Filing Exceptions to Hearing Officer Decisions
Once it has been determined that an appeal of a Hearing Officer's decision should be heard by the Special Education Appeals Panel, as opposed to a state or federal court, strict procedures and timelines apply.

• In order to appeal a Hearing Officer's decision, the party must file exceptions (objections) to the decision with ODR.
• Exceptions and any accompanying brief must be received by ODR no later than fifteen (15) calendar days after the receipt of the Hearing Officer's decision by the party's legal counsel or by the party, if not represented by counsel.
• Exceptions may be filed by email, mail, fax, or in person at ODR's office
• The exceptions must be received in their entirety by ODR no later than 4 pm on the 15th day.
• At the same time the exceptions are filed with ODR, the party filing the appeal must give a copy to the opposing party.
• ODR then transmits the exceptions and their answers to the Special Education Appeals Panel assigned to hear the appeal.

Filing Answers to Exceptions
The opposing party may file answers to a party's exceptions.

• The answers must be received by ODR no later than 10 calendar days after the exceptions were received by the opposing party's legal counsel or by the party, if not represented by counsel.
• At the time the answers are filed with ODR, the opposing party must be given a copy of the answers to the exceptions.