Withdrawal of due process complaints:
Section 200.5(j)(6) of the Regulations of the Commissioner of Education provides
procedures for a party’s withdrawal of his or her request for a due process hearing.
The regulation states that if the party subsequently files a due process complaint notice
within one year of the withdrawal of a complaint that is based on or includes the same
or substantially similar claims as made in a prior due process complaint notice that
was previously withdrawn by the party, the school district shall appoint the same IHO
appointed to the prior complaint unless that IHO is no longer available to hear the new
due process complaint notice.
A due process complaint seeking tuition reimbursement for a different school year
should not be deemed to be “the same or substantially similar claim” as made for a
prior school year, therefore requiring appointment of the same IHO. Because the claim
for a subsequent tuition claim would be based on the individualized education program
(IEP) developed for the student for a different school year or the failure to develop an
IEP for the new school year, a new IHO must be appointed from the district’s rotational
appointment list rather than appointment of the same IHO who was appointed to the
prior complaint that was withdrawn within one year. However, if the subsequent tuition
claim also includes the tuition reimbursement claim that was previously withdrawn by
the party, the school district shall appoint the same IHO appointed to the prior
complaint unless the IHO is no longer available to hear the new due process complaint
notice.
Record Close Date:
An IHO determines when the record in an impartial hearing is closed. A record is
closed when all post-hearing submissions are received by the IHO. Regulations
require the IHO to notify the parties of the date the record is closed. School districts
must enter the “Actual Record Close Date” (ARCD) in IHRS. Once a record is closed,
there may be no further extensions to the hearing timelines. When a case has been
properly extended, the written decision of the IHO must be rendered and mailed within
14 days of the ARCD.
An IHO has the discretion to revise the record close date, provided good cause exists
to do so. The revised record close date, however, cannot extend the date the decision
is due. Good cause may exist, for example, when an IHO determines that additional
clarification is required after the parties have submitted their post-hearing submissions.
IHO Decisions:
Section 200.5(j)(5) requires that, within 15 days of mailing the decision to the parties,
the IHO must submit the impartial hearing decision to NYSED’s Office of Special
Education. This memo is to remind IHOs that for decisions submitted to NYSED, all
personally identifiable information, in accordance with the guidelines provided by the
Commissioner, must be deleted from the copy forwarded to the Office of Special
Education. A copy of the redaction guidelines is available from NYSED. Decisions that