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Amendment of Sections 200.1(x) and 200.5 of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures

At their January 2023 meeting, the Board of Regents approved as an emergency rule the amendment of sections 200.1(x) and 200.5 to the Regulations of the Commissioner of Education. These amendments (1) permit the New York City’s Office of Administrative Trials and Hearings (OATH) to promulgate regulations related to special education due process hearings to promote the efficient resolution of due process complaints; and (2) amend the definition of impartial hearing officer (IHOs) to contemplate IHOs employed by OATH. These emergency regulations are effective January 10, 2023.

You are invited to provide comment on and/or participate in public hearings on these proposed regulations relating to special education due process system procedures.

Comment regarding the proposed action may be submitted to Christopher Suriano, Assistant Commissioner of the Office of Special Education, Room 301M, Education Building, 89 Washington Avenue, Albany, NY 12234 ( Comment must be submitted by April 4, 2023.

Three public hearings are scheduled:

Questions about the public hearings may be directed to or 518-473-0170.