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Information Related to Special Education Impartial Hearings

  • The Impartial Hearing Decision Memorandum provides information regarding the New York State Education Department’s (NYSED’s) expectations of New York City Impartial Hearing Officers (IHOs) specific to responsibilities and procedures for ensuring the accuracy of impartial hearing decisions, timely submission of impartial hearing decisions to the parties and the NYC IH Office, and accurate impartial hearing case closed dates in the Impartial Hearing Reporting System (IHRS). 

  • The Accelerated Order of Relief Fact Sheet provides information regarding amendments and additions to the Regulations of the Commissioner of Education to conform such with Chapter 812 of the Laws of 2021 (Chapter 812) amending Education Law Section 4404. Chapter 812 permits the immediate appointment of an impartial hearing officer (IHO) to due process complaints that have been on a waitlist for 196 days or more.  Once appointed, IHOs may issue an order or finding based upon a proposed order of relief submitted by a parent identifying appropriate and individualized programs and services for the student. For additional information regarding this process, please see the Accelerated Order of Relief Fact Sheet.

  • Proposed Amendments to the Commissioners Regulations-Public Hearings  The Board of Regents has adopted, as an emergency rule, proposed amendments to the Commissioner’s Regulations relating to conform to Chapter 812 of the Laws of 2021 (Chapter 812) - (Proposed Amendment of Sections 200.5(j) and 200.21(a) and Addition of Section 200.5(o) to the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures). Chapter 812, effective March 29, 2022, was enacted to address the timely resolution of due process complaints. Chapter 812 amends Education Law §4404 to permit immediate appointment of an impartial hearing officer (IHO) to special education due process complaints that have been on the waitlist for 196 days so that the IHO can issue an order based on a proposed order of relief submitted by the parent identifying appropriate and individualized programs and services for the student.

    You are invited to provide comment on and/or participate in public hearings on these regulations. 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 (REGCOMMENTS@nysed.gov). The proposed regulations, effective as an emergency rule on March 29, 2022, are out for public comment beginning March 30, 2022 through June 20, 2022 and will come back to the Board at their September meeting for permanent adoption.

 

  • Proposed Amendments to the Commissioners Regulations-Public Hearings   The Board of Regents has proposed amendments to the regulations specific to special education due process impartial hearing processes. Commissioner’s Regulations Proposed Amendment of Sections 200.2(e) and200.5(j) of the Regulations of the Commissioner of Education Relating to Special Education Due Process System Procedures address the rotational process for appointing due process complaints to an impartial hearing officer. (IHO) and allow for New York City to appoint an IHO to more than one case at a time within the case assignment rotational process. Additionally the proposed amendments specifically define “date of decision” as it applies to an IHO’s findings of fact and decisions and address how IHO’s must handle conflicts of interest.

    You are invited to provide comment on and/or participate in public hearings on these regulations. 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 (REGCOMMENTS@nysed.gov). The proposed regulations are out for public comment beginning March 30, 2022 through June 20, 2022 and will come back to the Board at their September meeting for permanent adoption.

  • New York City Impartial Hearing System: Transition to the Office of Administrative Trials and Hearings-Memorandum of Agreement among the New York City Office of Administrative Trials and Hearings, the New York City Department of Education and the New York State Education Department provides information related to the transition, over time, of the administration of the New York City Department of Education special education impartial hearings system to the New York City Office of Administrative Trials and Hearings.
  • Impartial Hearing Reporting System (IHRS) is a web-based data collection system designed to record information about the impartial hearing process at critical points, beginning with the initial written request for a hearing and ending with the implementations of decisions rendered in the hearing.
  • Information/Publications Related to Impartial Hearings provides guidance memorandums issued by the New York State Education Department and additional resources.
  • Impartial Hearing Decisions