An impartial hearing is a formal proceeding in which disagreements between you and the school district are decided by an impartial hearing officer appointed by the Board of Education. A parent or a school district may initiate a hearing on matters relating to the identification, evaluation or educational placement of a student with a disability, or the provision of a free appropriate public education to the child.
Your request for an impartial hearing must be made in writing to the Board of Education.
Your written request needs to:
describe the facts relating to your concerns
describe a proposed solution.
state your child’s name and address.
name the school your child attends.
If you do not give the information stated above, it may result in a reduction of an award of attorneys’ fees by a court. However, the school district may not deny or delay your right to an impartial hearing if you do not provide that information.
For three- and four-year-old children, the school district may not begin a hearing if you refuse to give consent to initial evaluation or the initial provision of special education to your child. If you do not give consent for an individual evaluation, the CPSE will implement the district’s practices and procedures to make sure that you have received and understand the request for consent for evaluation of your child but the district may not go to a hearing to obtain consent. In addition, if you do not consent to an initial evaluation, you must be notified that you can ask for an informal conference where you can ask questions about the proposed evaluation. If you do not provide consent for the initial evaluation or the initial provision of special education services, no further action will be taken by the CPSE until such consent is obtained.
The impartial hearing is at no cost to you. You may have to pay your own attorneys’ fees. If requested by you, the school district must provide you with information on free or low-cost legal and other relevant services. If a hearing officer requests an independent educational evaluation as part of the hearing, the cost of the evaluation must be at public expense. Also, see page 30 for information about attorneys’ fees.
The decision of the hearing officer will be based only on recorded information presented at the hearing and will provide the reasons and facts for the decision. The decision will be binding (final) unless you or the school district appeal to the State Review Officer.
At an impartial due process hearing, you have the right to:
have and be advised by an attorney and/or by individuals with special knowledge or training about the education of students with disabilities.
present evidence and testimony, and question, cross-examine and require the attendance of witnesses.
receive evidence, including evaluations and recommendations, at least five business days before the hearing (or three business days in the case of an expedited due process hearing) and to stop such information from being presented that was not exchanged between both parties on time.
receive, at your option, a written or electronic word-for-word record of the hearing and word-for-word findings of fact and the decision of the IHO.
have the hearing open to the public.
have your child present during the hearing.
have an interpreter for the deaf or an interpreter fluent in your native language (the language normally used by you), if necessary, at no cost to you.
have an impartial hearing conducted at a time and place that is reasonably convenient for you and your child.
receive an expedited due process hearing for certain disciplinary decisions.
Timelines and location of impartial hearings
The rotational process to select the IHO must begin immediately, but not later than two business days, when the school receives your written request for an impartial hearing.
The IHO must be available to initiate the hearing within 14 days.
The findings of fact and decision of an IHO in an impartial hearing must be issued no later than 45 calendar days after the receipt of a request for a hearing for a school-age child, or 30 calendar days for a preschool child. However, the IHO may extend the time for a specific period at the request of you or the school district. If an extension has been granted, the findings of fact and decision must be issued no later than 14 days from the date the record is closed including any post hearing submissions and the transcript is received.
The decision of an IHO in an expedited due process hearing for discipline purposes must be completed within 15 business days after the receipt of the request for the hearing, provided that the IHO may grant specific extensions at your or the school district’s request. The IHO must mail a copy of the written or, at your option, electronic findings of fact and the decision to the parties within five business days after the last hearing date, but in no event later than 45 calendar days after receipt of the request, without exceptions or extensions.
You have the right to have an impartial hearing conducted at a time and place that is reasonably convenient for you and your child. Impartial hearing officer An impartial hearing officer must be an individual certified by the Commissioner of Education to conduct impartial hearings. An impartial hearing officer must be selected on a rotational basis from a list maintained by the school district that includes their names and statement of qualifications.
The impartial hearing officer makes sure that procedures at the hearing meet due process requirements. Impartial hearing officers cannot:
be employees, agents or officers of the school district or of the Board of Cooperative Educational Services (BOCES) of which your school district is a member.
be an employee of the State Education Department or be an employee of a public agency that has ties to the education or care of your child.
be employed by a school district, school or program serving students with disabilities placed by a school district Committee. An individual employed by such schools or programs may not serve as an impartial hearing officer for two years following the end of his or her employment.
have an interest that would make it difficult for him or her to be fair in the impartial hearing.
have been involved in the development of the recommendation to be reviewed. If you have a complaint about the conduct or competence of an IHO, you may send a signed written statement and supporting documentation to the State Education Department