Impartial Hearings
IHO Qualifications
Timeline to request hearing - not to exceed 2 years
NYS: one year
Subject matter - only issues raised in notice
Decisions
Based on substantive grounds based on whether child received FAPE
IHO may still order LEA to comply with procedural requirements
Speaker Notes:
Section 615(f)
IDEA 2004 has revised qualifications for IHO's, which include:
knowledge of and the ability to understand federal and State statutes and regulations; and
ability to conduct a hearing and write decisions in accordance with standard legal practice.
A statute of limitations, not to exceed two years, has been established to request a hearing, unless the State has another timeline. NYS has a legally established time line of one year.
The subject matter of a hearing is limited to those issues that were included in the due process notice.
The decisions reached in a hearing must be made on substantive grounds based on a determination of whether the student received FAPE. In matters alleging a procedural violation, the IHO can find that the child did not receive FAPE if the procedural inadequacies impeded the child's right to FAPE, significantly impeded that parent's opportunity to participate in the decision-making process regarding the provision of FAPE; or caused a deprivation of educational benefits.
An IHO can order a LEA to comply with procedural requirements.