Definition: An appeal is a request for review and reconsideration of a formal complaint decision, due process hearing order, or outcome of a court proceeding. Although either party can appeal a decision in a special education matter, to be successful, the appeal must have a legal basis or a substantive basis. For example, an appeal may be based on discovery of new evidence or an error that would affect the outcome of a hearing, formal complaint, or court proceeding. Appeals may also be made based on the allegation that a complaint investigator or hearing officer made an error in applying special education administrative laws in the complaint findings or hearing decision.
Examples:
The complainant appealed the decision of the investigators because a reluctant witness finally agreed to submit additional information relevant to the case.Back to Special Education and Learning Disability Terms
