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Question on Appeals (Response 10/29/20)

Filed Under: Appeals

If an appeal is offered to a respondent for sanctions do we have to offer that same right to the Complainant?


The Rule grants complainants and respondents equal rights to appeal, and to participate in any appeal that is filed, pursuant to 34 C.F.R. § 106.45(b)(8). The limitation contained in the proposed rulemaking that complainants could not appeal sanction decisions was removed from the final regulations.

Recipients have the discretion to permit both parties to appeal sanctions, provided that such an appeal is offered equally to both parties. See 34 C.F.R. § 106.45(b)(8).

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