Appeals

When considering an appeal of a Hearing Officer's decision, it is essential to determine who has jurisdiction to hear the appeal. In general, ODR's Special Education Appeals Panels (see panel members) have jurisdiction to hear the appeal. However, there are two instances where the Special Education Appeals Panels do not have jurisdiction to hear a case, and any appeal must be filed in state or federal court.

• Early Intervention Decisions
  Both infant/toddler and preschool early intervention cases must be appealed directly to state or federal court.
• Section 504/Chapter 15 Decisions
  An appeal based solely upon Section 504/Chapter 15 issues must be filed with a state or federal court. A guideline on Chapter 15 implementation is available.

If the Special Education Appeals Panels have jurisdiction, the appeal must be filed with ODR within the mandated timelines, as described in the Special Education Dispute Resolution Manual. When considering an appeal that falls under the jurisdiction of the Special Education Appeals panel, you may want to review the panel's prior decisions.

Appeals of Early Intervention and Section 504/Chapter 15 decisions should not be sent to ODR. Individuals wishing to appeal these decisions are encouraged to contact an attorney for assistance in determining the appropriate court in which to file an appeal, as well as to comply with all appeal timelines. The Pennsylvania Bar Association has a list of attorneys experienced in special education law.