Significant proposed regulations regarding the impartial hearing process in New York State

The State Education Department has proposed some significant revisions to the regulations governing the impartial process in New York State. The proposed rules address the following:

The proposed rule addresses six procedural issues relating to impartial hearings:

        1.        Certification and appointment of IHOs;

        2.        Consolidation of multiple due process requests for the same student;

        3.        Prehearing conferences;

        4.        Withdrawals of requests for due process hearings;

        5.        Extensions to the timelines for an impartial hearing decision;

and 6. Timeline to render a decision.

These proposed regulations will now go through a period of public comment prior to reconsideration by the Board of Regents.