REQUIRED IMPARTIAL HEARING SUMMARY REPORT form

November 1999

TO: District Superintendents
Presidents of Boards of Education
Superintendents of Schools
Superintendents of State-Operated and State-Supported Schools
Nonpublic School Administrators and Educators
New York City Board of Education
Executive Directors of Approved Private Schools
Commissioner's Advisory Panel on Special Education Services
Directors of Special Education
Chairpersons of Committees on Special Education
Chairpersons of Committees on Preschool Special Education
SETRC Project Directors and Training Specialists
ALTA Project Director and Coordinators
Impartial Hearing Officers

FROM: James C. Viola

SUBJECT: Required Special Education Impartial Hearing Summary Report

Attached is a revised Required Impartial Hearing Summary Report, to be submitted to the State Education Department, Office of Vocational and Educational Services for Individuals with Disabilities (VESID), upon the completion of special education impartial hearings conducted pursuant to Part 200 of the Regulations of the Commissioner of Education and Part 300 of the Code of Federal Regulations. This form may be used immediately, for impartial hearings completed in October or November 1999, but must be used in lieu of the current Impartial Hearing Summary Form, for all special education impartial hearings completed on or after December 1, 1999. Outdated forms will be returned for impartial hearings completed on or after December 1, 1999.

Completion of the attached Report is necessary in order to ensure compliance with State requirements contained in Section 200.5(c)(11) of the Regulations of the Commissioner of Education, and with federal requirements prescribed in Section 300.510(c) of the Code of Federal Regulations; and will also improve the State education agency's ability to complete requests received pursuant to the Freedom of Information Law (FOIL). The information contained in this Report will also be analyzed to identify State, regional and local trends in impartial hearings conducted; will be provided to the Commissioner's Advisory Panel on Special Education Services, and published in annual editions of the Performance Report of Educational and Vocational Services and Results for Individuals with Disabilities; and will be considered by VESID Special Education Quality Assurance personnel in the implementation of program review procedures.

All special education impartial hearing officers must complete the attached form and mail it, along with the findings of fact and decision*, to the VESID Strategic Evaluation Data Collection, Analysis and Reporting (SEDCAR) bureau at the same time the written findings of fact and decision are submitted to the parents and school board of education, pursuant to Section 200.5(c)(11) of the Regulations of the Commissioner of Education. The form may be duplicated by the impartial hearing officer, and is also available on the VESID website or by contacting the State Education Department at the telephone number listed below.

If you have any questions, or if technical assistance is needed in completing this form, please contact the Strategic Evaluation Data Collection, Analysis and Reporting (SEDCAR) unit by telephoning (518) 486-4678. Thank you.

*Pursuant to Section 200.5(c)(11) of the Regulations of the Commissioner of Education, all personally identifiable information is required to be deleted from the IHO decision and findings of fact submitted to the State Education Department.)

Attachment

cc: Ronald G. Calhoun
Rita D. Levay
Fredric R. DeMay

Directions for Filing the "Required Impartial Hearing Summary Report" 
General Instructions

1. Impartial Hearing Summary Reports must be submitted to the following address:

New York State Education Department
Office of Vocational and Educational Services for Individuals with Disabilities
Strategic Evaluation Data Collection, Analysis and Reporting
Room 1624, One Commerce Plaza
Albany, New York 12234

• The Impartial Hearing Summary Report must be submitted to the State Education Department, upon the completion of the impartial hearing, at the same time the written findings of fact and decision are submitted to the parents and school board of education, pursuant to Section 200.5(c)(11) of the Regulations of the Commissioner of Education.

2. Impartial Hearing Summary Reports must be submitted in the following instances:

• Upon the rendering of a final decision in an impartial hearing conducted pursuant to Section 200.5 of the Regulations of the Commissioner of Education.
• In some instances, IHOs may issue a final decision while retaining jurisdiction, usually to ensure proper implementation of their decision. Such jurisdictional considerations are part of the decision, and if all other issues have been addressed, the hearing should be considered completed and an Impartial Hearing Summary Report must be submitted to the State Education Department.

3. Impartial Hearing Summary Reports should not be submitted in the following instances:

• The Impartial Hearing is adjourned for logistical reasons that preclude the hearing from commencing (e.g., one of the parties is detained due to an emergency or there is a scheduling conflict on one or more sides).
• If the parties have reached agreement regarding the issue(s) and do not wish to proceed with the hearing, or the party requesting the hearing has withdrawn such request.
• In cases where "Interim Orders" are issued, usually in order to address multiple issues in a piecemeal manner, IHOs should not submit a Summary Report for each such order, but once, upon the completion of the impartial hearing. (If a separate written findings of fact and decision have been developed for each interim order, such materials may be attached to the Impartial Hearing Summary Report in such piecemeal format.)
• For impartial hearings which are conducted/completed pursuant to State and/or federal laws and regulations other than Section 200.5 of the Regulations of the Commissioner of Education or Part 300 of the Code of Federal Regulations. For example, Impartial Hearing Summary Report materials should not be submitted upon the completion of hearings conducted pursuant to Section 504 of the Rehabilitation Act of 1973, as amended.

4. A complete Required Impartial Hearing Summary Report submission includes two (2) parts:

PART 1 - Required Impartial Hearing Summary Report form (attached); and

PART 2 - Impartial Hearing Officer Findings of Fact and Decision/Stipulation. (Pursuant to Section 200.5(c)(11) of the Regulations of the Commissioner of Education, all personally identifiable information is required to be deleted from the IHO decision and findings of fact submitted to the State Education Department.)

5. Are any other forms required to be submitted with the Required Impartial Hearing Summary Report?

No. Two additional forms are included with this memorandum for optional use by the IHO.

• Exhibits Entered into the Record
• Individuals Who provided Testimony at the Hearing

These forms are recommended for use by the IHO, in order to ensure that a complete record of the impartial hearing is maintained. If these forms are used by the IHO, they should be submitted to both parties (e.g., school district and parents), along with the decision and findings of fact. If the IHO decision is appealed, the school district will forward such forms to the Office of State Review (SRO), along with the other documents comprising the complete record of the hearing. These forms should not be submitted to the State Education Department with the Required Impartial Hearing Report.

6. If you have any questions or are in need of assistance in completing Required Impartial Hearing Summary Report materials, please contact the Strategic Evaluation Data Collection, Analysis and Reporting (SEDCAR) unit by telephoning (518) 486-4678.

Specific Directions for Completing Required Impartial Hearing Summary Report
DIRECTIONS FOR PART 1

1. Hearing Requested By: Place a check (') next to the party who requested the hearing.

2. Date of Written Request for Hearing: Enter the date the Board of Education received the written request for an impartial hearing from the parent(s). For impartial hearings initiated by school districts, enter the date on which the school district commenced action.

3. Date of BOE Appointment of IHO: Enter the date the impartial hearing officer (IHO) was appointed by the Board of Education (BOE).

4. Check One: CPSE or CSE: Place a check (') to indicate whether the impartial hearing was held in regard to preschool (CPSE) special education eligibility or services, pursuant to Section 4410 of the Education Law; or special education eligibility or services for school-age (CSE) students with disabilities. An additional category (i.e., NYC ONLY: School District 504 Hearing) has been included, as a courtesy, for optional use by the New York City Board of Education, or by other school districts, for local level data collection and analysis. (Summary Reports completed in regard to hearings conducted pursuant to Section 504 of the Rehabilitation Act of 1973, as amended, should not be submitted to the State Education Department.)

5. School District: Enter the name of the school district in which the student legally resides.

6. Optional LEA Case Number: This optional item has been included for use by local school districts/programs to facilitate tracking or referencing special education impartial hearings.

7. Region/County: Enter the county in which the school district/program is located. For impartial hearings conducted for the New York City Board of Education, indicate the school district and region number.

8. Expedited Hearing: Enter a check (') to indicate whether, or not, the impartial hearing was conducted, pursuant to Sections 300.525 and 528 of the Code of Federal Regulations, in order to determine the appropriateness of a CPSE/CSE manifestation determination or whether to issue an order to change the placement of a student with a disability to an appropriate interim alternative education setting for a period not more than 45 days, upon demonstration by substantial evidence that maintaining the current placement of the student is substantially likely to result in injury to the student or to others.

9. Extension of Time Requested: Place a check (') in the appropriate line to indicate whether, or not, an extension of the time line prescribed in Part 200 of the Regulations of the Commissioner of Education for the completion of impartial hearings was requested by one or both parties to the impartial hearing.

10. Extension of Time Was Requested By: Place a check (') to indicate whether the extension of the time line prescribed in Part 200 of the Regulations of the Commissioner of Education for the completion of impartial hearings was requested by the Parent, School District or by both parties.

11. Was Extension of Time Granted: Place a check (') in the appropriate line to indicate whether, or not, the extension of time was granted by the IHO.

12. Date(s) the Extension of Time Was Granted by IHO: Enter the date (day, month and year) the extension was granted to the party/parties who requested it. If more than one extension was requested and granted, list each date.

13. Total Number of Days Extension of Time Was Granted by IHO: Indicate the exact number of days the time line prescribed in Part 200 of the Regulations of the Commissioner of Education for the completion of impartial hearings was extended by the IHO. If more than one time extension was granted, indicate the cumulative length of such extensions.

14. Reason for Extension of Time: Enter a check (') in each cell indicating the basis for granting the extension of the time line prescribed in Part 200 of the Regulations of the Commissioner of Education for the completion of impartial hearings.

15. Date(s) of Hearing: Enter the actual date(s) on which the impartial hearing took place.

16. Classification at Time of Hearing: Place a check (') in the one appropriate cell indicating the student's disability classification at the time the impartial hearing was requested by the parent or initiated by the school district. Please note that for impartial hearings brought in regard to a student's eligibility for, or provision of preschool special education services pursuant to Section 4410 of the Education Law, one of two categories will be appropriate: either "Preschool Student with a Disability" or "Unclassified".

17. Student's Placement at Time of Hearing: Place a check (') in the one appropriate cell indicating the student's placement at the time the impartial hearing was requested by the parent or initiated by the school district. (In most cases, this will be the pendency placement.) In instances where a student's IEP lists more than one placement (e.g., public school district and BOCES), check the placement which the student attended for the majority of their school day. In a case where a student's IEP lists two placements, each for 50 percent of the school day, the IHO should make a determination regarding the student's primary school placement.

• The category Interim Alternative Education Setting pertains to instances in which school personnel (not the CPSE or CSE) order the removal of a student with a disability from the current educational placement to an appropriate interim alternative educational setting for the same amount of time that students without disabilities would be subject to discipline, but for not more than 45 days, if the student carried a weapon to school or to a school function, knowingly possessed or used illegal drugs while at school or a school function, or sold or solicited the sale of a controlled substance while at school or a school function.
• The category Private/Parochial School (General Education) pertains to students with disabilities who are enrolled by their parents or guardians in regular parochial or other private schools and whose basic education is paid through private resources.
• The category Home pertains to students whose IEP lists home as the placement designated by the CPSE/CSE for the provision of educational services.
• The category Home Schooled pertains to students whose parents voluntarily exercise their right, pursuant to Article 65 of the Education Law, to provide required instruction at home.
• The category State Agency, though technically not listed as a special education placement in Part 200 of the Regulations of the Commissioner of Education, pertains to students placed with the Department of Correctional Services (DOCS), Office of Children and Family Services (OCFS), Office of Mental Health (OMH) or Office of Mental Retardation and Developmental Disabilities (OMRDD).
  

18. Issue(s) at Hearing: Place a check (') in each cell indicating the issue(s) which were the basis for requesting the impartial hearing, as well as any other issues which were raised during the course of the impartial hearing and addressed by the IHO.

• The category Other Reimbursement refers to requests for reimbursement for services/activities other than tuition reimbursement (e.g., reimbursement of costs associated with the completion of a unilaterally obtained independent evaluation of a student).
• The category Manifestation Determination, pursuant to Section 300.523 of the Code of Federal Regulations, in disciplinary matters, refers to a review by the CPSE/CSE regarding the relationship between the student's disability and the behavior subject to disciplinary action.
• The category Appeal of Disciplinary Action refers to impartial hearings conducted in regard to the type or duration of disciplinary action(s) to be implemented.
• The category Placement in Interim Alternative Educational Setting by IHO refers to instances in which an IHO orders the removal of students with disabilities from the current educational placement to an appropriate alternative educational setting for not more than 45 days, based on the hearing officer's determination that the public agency has demonstrated by substantial evidence that maintaining the current placement is substantially likely to result in injury to the student and/or to others.
• The category Appeal of Interim Alternative Educational Setting refers to an appeal to the IHO of the actions of school personnel (not the CPSE or CSE) of the order to remove a student with a disability from the current educational placement to an appropriate interim alternative educational setting, for a period of up to 45 days, in instances where the student carries a weapon to school or to a school function, knowingly possess or uses illegal drugs while at school or a school function, or sells or solicits the sale of a controlled substance while at school or a school function.

19. Date of Decision: List the actual date of the impartial hearing officer's decision (day, month and year).

20. IHO Decision: Place a check (') in each cell reflecting the nature of the IHO's decision.

• The category Support Parent indicates that the position maintained by the parent was upheld in full.
• The category Support School District indicates that the position of the school district was upheld in full.
• The category Dismissed indicates that issues raised as the basis for the impartial hearing were inappropriate, and were therefore dismissed.
• The category Stipulation/Agreement refers to a written agreement reached between the parties and the IHO that resolves the issue(s) which were the basis for requesting the impartial hearing.
• The category Remand to CSE/CPSE indicates that the CSE/CPSE has been ordered to take some action(s) which will resolve one or more of the issues at the hearing.

21. This item has been inserted in order to ensure the submission of impartial hearing materials is complete.

22. Printed Name of IHO: The IHO should clearly type or print his/her full name.

23. IHO Signature: The impartial hearing officer should sign his/her name.

24. Date Forwarded to SED: Enter the date the Required Impartial Hearing Summary Report package was mailed to the State Education Department.