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The Board 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.

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 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.

Within two (2) business days after the District receives a written request for an impartial hearing, the District Clerk shall initiate attempts to contact the IHO whose name next follows the last hearing officer appointed by the Board from the rotational list. The District Clerk shall first attempt contact by telephone call. If unsuccessful at reaching the IHO, the District Clerk shall leave a message (if voicemail is available) and send a letter by overnight mail, informing the hearing officer that:

1. A hearing has been requested concerning a student (identify the student only by number) and the name of the school district;

2. The hearing officer’s name is the next one on the rotational list; and

3. The hearing officer must contact the District Clerk by telephone no later than 24 hours from the date the telephone message is left and/or the date of the correspondence.

Should an IHO decline appointment or fail to respond within 24 hours after being telephoned or sent a letter by overnight mail or is unreachable after reasonable efforts by the District Clerk or designee, such efforts will be documented through independently verifiable means. The District Clerk shall then proceed through the list to determine availability of the next successive IHO until it is accepted.

If an impartial hearing is currently pending for the same student when a new hearing request is received, the District will appoint the same IHO, if available, who will determine whether or not to consolidate the hearings. Additionally, if the new hearing request concerns an issue which had been previously withdrawn within the previous 12 months, the District shall appoint the same IHO, if available.

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.

Appointment

Once an appointment is accepted, the IHO shall be formally appointed either by Board resolution or a letter signed by the Board President or Vice President. The Board President and/or Vice President are hereby delegated with the authority to immediately appoint IHOs who are selected in accordance with these procedures.

Once appointed, the District Clerk will provide the IHO with the relevant contact information for the District’s legal counsel and contact information for the Parent(s) and Student and/or their legal counsel.

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.

Compensation

The District shall compensate an impartial hearing officer for his or her services at the rate of $100.00 per hour for pre-hearing, hearing, and post-hearing activities, including the time necessarily and actually spent preparing the decision. In addition, IHOs may be reimbursed for reasonable, actual and necessary expenses for automobile travel for up to 150 miles one-way at the IRS approved rate and for tolls reasonably and necessarily incurred as a result of the hearing, as well as for meals and overnight lodging 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, however, reimburse impartial hearing officers for administrative assistance, secretarial or other overhead expenses. In no event will the District reimburse an IHO for travel time.

A detailed statement for fees and expenses shall be submitted at the conclusion of the hearing and receipt of the IHO’s final decision or other determination having the effect of terminating the IHO’s involvement in the hearing.

All statements for fees and expenses shall separately list each individual item of service or expense, the date it occurred and the time spent by hour or fraction thereof, in increments of one-tenth of an hour. Time charges must be appropriate. The District reserves the right to request additional information concerning the appropriateness of any time charges and to withhold payment for time charges deemed to be inappropriate and/or inconsistent with applicable Board policy. A statement for fees and expenses shall be submitted by the IHO within 30 days of the performance of services.

In addition to the hearing itself, the Board will reimburse, at the hourly rate, for time actually expended by the IHO for:

1. Scheduling the hearing;

2. Pre-hearing conference calls, if necessary;

3. Scheduling letters;

4. Time actually and necessarily spent preparing the Decision including any Interim Decision.

Absent extraordinary circumstances, as determined in advance by the District, IHOs will not be reimbursed for any other expenses associated with their appointment and service as impartial hearing officers.

Cancellation

The District shall attempt to provide an Impartial Hearing Officer with two (2) business days advance notice of the cancellation or rescheduling of an impartial hearing. Should the District request the cancellation or rescheduling of a hearing date and fail to provide the IHO with two (2) business days notice, the District agrees to pay the IHO a cancellation fee of $100.00. Moreover, the District shall not be responsible for any compensation or costs associated with a parent or guardian’s cancellation or adjournment of a hearing unless the District has joined in the request for adjournment.

A copy of this policy will be forwarded to the impartial hearing officer 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 Office of Vocational and Educational Services for Individuals with Disabilities of SED as required by Commissioner’s regulations.

Ref: 8 NYCRR §§200.2; 200.5; 200.21

Adoption date: September 23, 2003

Adoption date: June 22, 2009

Amended date: December 5, 2016

Amended date: September 17, 2018