Special Education

Proposed Amendment to the Regulations of the Commissioner of Education Relating to Special Education Impartial Due Process Hearings

The New York State Education Department (NYSED) proposes to amend sections 200.1, 200.5 and 200.16 of the Regulations of the Commissioner of Education relating to special education impartial hearings.  The proposed rule addresses: (1) certification and appointment of impartial hearing officers (IHOs); (2) consolidation of multiple due process complaint notices for the same student; (3) decision of the IHO; (4) timeline to render a hearing decision; (5) extensions of the timelines for an impartial hearing decision; (6) the impartial hearing record; and (7) withdrawals of due process complaint notices.

A Notice of Proposed Rule Making will be published in the State Register on November 6, 2013.  Public comment on the proposed amendment will be accepted for 45 days from the date of the publication.  It is anticipated that the proposed amendment will be submitted for action by the Board of Regents at their January 2014 meeting, with a proposed effective date of February 1, 2014. 

Written comments on the proposed amendment must be submitted on or before December 23, 2013.  Comments should be submitted to:

James P. DeLorenzo, Assistant Commissioner
New York State Education Department
Office of P-12 Education: Office of Special Education
89 Washington Avenue, Room 309 EB
Albany, NY  12234
Attention:  Proposed Amendment - Special Education Impartial Hearings
(email: IHOComment@mail.nysed.gov; facsimile: (518) 473-5387).

The text of the proposed amendment is available at http://www.regents.nysed.gov/meetings/2013Meetings/October2013/1013p12d3.pdf

Please use the Public Comment Submission Sheet posted at http://www.p12.nysed.gov/specialed/timely.htm to provide written comment.

Last Updated: November 4, 2013