Adoption Date: 12/15/1987, Revised: 7/19/1994; 5/22/97; 7/29/97; 6/20/00; 1/20/04; 4/4/06;12/4/07; 4/1/08; 4/26/16
7000 - STUDENTS
STUDENTS WITH DISABILITIES
7670 IMPARTIAL DUE PROCESS HEARINGS/SELECTION OF IMPARTIAL HEARING OFFICERS
Due Process Complaints
The
District is committed to making every effort to amicably resolve
disputes regarding educational programs for students with disabilities.
In the event such disputes cannot otherwise be resolved, either a parent
or the District may file a due process complaint challenging the
identification, evaluation or educational placement of a student with a
disability, or a student suspected of having a disability, or the
provision of a free appropriate public education to such student. The
complainant may not have an impartial due process hearing until the
complainant, or the attorney representing the complainant, files a due
process complaint notice that meets the requirements set forth in law
for such notice. Any and all due process hearings will be conducted in a
manner consistent with the timelines and procedures set forth in law
and regulation.
Except as otherwise provided by law, all requests
for impartial due process hearings must be submitted within two (2)
years of the date the parent or the District knew or should have known
about the alleged action forming the basis of the complaint. Upon
receipt or filing of the due process complaint notice, the District will
provide a procedural safeguards notice to the parents. The District
will also inform parents in writing of the availability of mediation and
of any free or low-cost legal and other relevant services available in
the area.
An impartial due process hearing will be conducted at a
time and location reasonable and convenient to the parent and student
involved. The hearing will be closed to the public unless the parent
requests otherwise.
A student whose education is the subject of a
due process complaint will remain in his/her current placement during
the pendency of the impartial due process hearing unless both parties
agree or as otherwise permitted by law.
All issues relating to a
request for and conduct of an impartial due process hearing must be kept
confidential by all District staff.
Resolution Process
Prior
to the opportunity for an impartial due process hearing, the District
will convene a meeting with the parents and the relevant member or
members of the committee on special education or committee on preschool
special education who have specific knowledge of the facts identified in
the complaint. Such meeting will provide the parents with an
opportunity to discuss their complaint and the facts that form the basis
of the complaint, and an opportunity to resolve the complaint with the
District. The District will take steps to ensure that one or both of the
parents of the student with a disability are present at the resolution
meeting, and will notify parents of the meeting early enough to ensure
that they have the opportunity to attend. The resolution meeting will be
at a mutually agreed
upon time and place, and in a location that is
physically accessible to the parents. The District will ensure that all
resolution meetings conform to the requirements set forth in the
Regulations of the Commissioner of Education.
The parents and the
District may agree, in writing, to waive the resolution process or agree
to use the mediation process to resolve the dispute.
Selection and Board Appointment of Impartial Hearing Officers
In
the event a due process complaint notice is filed pursuant to the
Individuals with Disabilities in Education Act (IDEA), the Board of
Education will arrange for an impartial due process hearing to be
conducted. In such instances, the Board will immediately-but not later
than two (2) business days after receipt of the due process complaint
notice or mailing of the due process complaint notice to the
parent-initiate the process to select an impartial hearing officer (IHO)
through a rotational selection process. To expedite this process, the
Board may designate one (1) or more of its members to appoint the IHO on
its behalf.
The District will utilize the New York State
Education Department's Impartial Hearing Reporting System (IHRS) to
access the alphabetical list of the names of each IHO certified in New
York State and available to serve in the District. The appointment of an
IHO will be made only from such list and in accordance with the
alphabetical rotation selection process and the timelines and procedures
established by the Commissioner of Education. The District will record
and report to the State Education Department required information
relating to the selection of IHOs and the conduct of impartial due
process hearings according to the manner and schedule specified by the
Department.
The District will be responsible for compensating the
IHO for prehearing, hearing and post-hearing activities at the rate
agreed upon at the time of the IHO's appointment. The District will also
reimburse the IHO for certain travel and other hearing-related expenses
(e.g., duplication and telephone costs) pursuant to an annually
determined schedule.
Administrative procedures will be developed governing the implementation of this policy.
Policy References:
Individuals with Disabilities Education Act (IDEA), 20 United States Code (USC) Section 1400 et seq.
34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4005, 4202, 4404(1) and 4410(7)
8 New York Code of Rules and Regulations (NYCRR) Sections 200.1, 200.2, 200.5, 200.16, 200.21 and 201.11
Policy Cross References:
» 7690 - SPECIAL EDUCATION MEDIATION