1. If you need more time to prepare and serve an Answer with Cross-Appeal, you may ask for a specific extension of the timelines. This allows the State Review Officer to move the decision timeline and, in turn, extend the timeline in which you must serve an Answer with Cross-Appeal. You must request an extension before the date your Answer with Cross-Appeal is due.
2. Your extension request for an Answer with Cross-Appeal must be in writing, addressed to the Office of State Review. You must also send a duplicate copy of your request to the school district's attorney when you send it to the Office of State Review. Your request should include:
the good cause reason why you need the extension of time. Examples of good cause often include good faith settlement negotiations, serious medical procedures and catastrophic events, but reasons such as vacations, general travel plans, and workload considerations alone are rarely considered good cause;
whether your child is currently receiving special education services either from a public school district/institution or from a private school/institution/provider. It is useful if you can briefly describe to State Review Officer the current special education services that your child is receiving, if any, and if the services are being provided under pendency (also called stay-put);
whether the school district agrees with or opposes your request for additional time. For this reason you must contact the school district's attorney before filing your extension request to ask if the district will consent or oppose your request for more time and then write in your extension request to the Office of State Review whether the school district consented to or opposed the extension; and
it will help the Office of State Review with processing your request if you briefly describe the outcome of the impartial hearing officer's decision being appealed. Examples of outcomes are "the IHO granted the my request for tuition reimbursement" or "the IHO granted a portion of compensatory education that I requested, but denied payment for an independent evaluation of my child" or "the IHO granted my request for an order for pendency services for my child."
3. It is common for parties to seek extensions of time in two-week increments or less because State Review Officers do not customarily grant extensions in longer increments.
4. The State Review Officer will inform both parties in writing whether your request will be granted based upon the circumstances of the case.