4321.8 Impartial Hearing Officer Appointment and Compensation

The Board of Education will appoint impartial hearing officers (IHO), as needed, to hear complaints regarding the identification, evaluation, or placement of students with disabilities, or the provision of a free appropriate public education to such a student in accordance with the rotational selection process and other applicable procedures described in Commissioner’s Regulations.

1. Selection
   
   The updated list of certified IHOs for this county promulgated by the New York State Education Department will be used in connection with requests for impartial hearings. The list shall also include the names of those other certified IHOs whose names appear on the State list and who have indicated to the District their interest in serving as an IHO in the District.
   
   Upon receipt of a request for an impartial hearing, the rotational selection process for the IHO shall be initiated immediately and always within two (2) business days after receipt by the District of such written request or mailing of the process complaint notice to the parent. Should an IHO decline appointment, or if within 24 hours the IHO fails to respond or is unreachable after reasonable efforts by the Superintendent or his/her designee, such efforts will be documented through independently verifiable efforts. The District representative shall then proceed through the list to determine availability of the next successive IHO.
   
   The Superintendent or his/her designee, under the direction of the Board President, shall initiate the selection process by contacting the IHO whose name first appears after the IHO who last served or in the event no IHO on the list has served, beginning with the first name appearing on such list. The District Clerk or designee shall canvass the list in alphabetical order as prescribed by the Regulations of the Commissioner of Education until an appointment is accepted.
   
   An IHO on the District’s rotational list may not accept appointment unless he or she is available to:
    
   1. Make a determination on the sufficiency of the due process complaint that will be heard at the hearing within five (5) days of receiving such a request; and
   2. Initiate the hearing within the first 14 days after either:
      • The date on which he or she receives written notice that the parents and the District waived their right to hold a resolution meeting to resolve their differences prior to commencement of the hearing, or met but were unable to reach agreement; or
      • The expiration of the 30-day period beginning with the receipt of the due process complaint, whichever occurs first.
      • The parties agree in writing to continue mediation at the end of the 30-day resolution period in which case the hearing or pre-hearing conference shall commence within the first 14 days after the IHO is notified in writing that either party withdrew from mediation.
2. Appointment
   
   The Board President, or in his/her absence or inability the 1st Vice President, will appoint an IHO immediately after the IHO selected from the rotational list indicates he or is available.
   
   The Board will rescind the appointment of an IHO and appoint a new one if, the parties to the hearing mutually agree that the IHO is either incapacitated or otherwise unavailable or unwilling to continue the hearing or issue a decision. The appointment of a new IHO in such an instance will be made in accordance with the selection and appointment procedures established by this policy.
    
3. Compensation
   
   The District shall compensate an IHO for his/her services at the rate not to exceed the maximum compensation rate established for such purpose by the NYS Director of the Division of the Budget. In addition, IHOs may be reimbursed for reasonable, actual and necessary expenses in accordance with the current District reimbursement rate set for District employees. Mailing costs associated with the hearing will also be reimbursed. The District will not reimburse IHOs for administrative assistance, secretarial or other overhead expenses. IHO expenses are further defined in the District’s Special Education Plan and shall be established pursuant to the NYS Director of the Division of the Budget.
    
4. Cancellation
   
   The District shall not be responsible for costs associated with a parent/guardian’s cancellation or adjournment of a hearing.
   
   A copy of this policy will be forwarded to the IHO at the time of appointment.
   
   Records relating to the IHO process including, but not limited to, the request for initiation and completion of each impartial hearing will be maintained by the District and such information will be reported to the NYS Office of Vocational and Educational Services for Individuals with Disabilities as required by Commissioner’s Regulations.

Ref: 8 NYCRR §§200.2; 200.5; 200.21

Approved by the Board of Education: 03/19/09
Revision approved by the Board of Education: 12/19/1

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