Special Education


Information Related to Special Education Impartial Hearings

  • 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, 2002, was enacted to address the timely resolution of due process complaints. Chapter 812 amends Education Law ยง4404 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. Virtual public hearings are scheduled for June 8, 2022 (4:00 - 5:00 pm)

and June 15, 2022 (11:00 am - 12:00 pm) https://zoom.us/j/91822156772?pwd=OHJUbjQwV3RPL3JUZXVDOXF4NmZuUT09

  • Individuals who need reasonable accommodations in order to participate in the public hearings should notify the Office of Special Education Due Process Unit at (518) 473-0170 no later than two weeks prior to the date of the public hearing they plan on attending.
 
  • 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. Virtual public hearings are scheduled for June 8, 2022 (3:00-4:00 pm)

https://zoom.us/j/94999944349?pwd=MDhYbnV3WFR6dHRZU00rakFDR0Yrdz09 and June 15, 2022 (10:00 -11:00 am) https://zoom.us/j/91822156772?pwd=OHJUbjQwV3RPL3JUZXVDOXF4NmZuUT09.

  • Individuals who need reasonable accommodations in order to participate in the public hearings should notify the Office of Special Education Due Process Unit at (518) 473-0170 no later than two weeks prior to the date of the public hearing they plan on attending.

 

  • 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.
Last Updated: March 21, 2022