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If a party files a subsequent due process complaint notice within one year of a previously withdrawn due process complaint that is based on or includes the same or substantially similar claims, the district must appoint the same IHO who was appointed to the prior complaint unless the IHO is no longer available. The district must, in their procedures for IHO appointments, have a process to determine whether a due process complaint notice on the same student that involved the same or substantially similar claims was submitted and withdrawn within 12 months of the date the new due process complaint notice was submitted.

Note: A due process complaint notice involving tuition reimbursement for a different school year is not considered a potential refile. Therefore, the IHO appointment to the case is made in accordance with the rotational selection process.

Entering a Potential Refile

Step 1: Open a new case (see Opening a Case).

Step 2: Appoint the same IHO who was appointed to the previously withdrawn case (see Appointing an IHO). Click List next to the Rotational Exception Reason? field. Click reason 2, Potential Refile.

Step 3: Enter the number for the previously withdrawn case in the Reference Case for Rotational Exception field. This links the two cases.

Step 4: Click Save.

Step 5: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The Rotational Exception Reason? and Reference Case for Rotational Exception columns under Hearing Officer Appointments have been populated.

What happens next?

1. The IHO is contacted and informed about the IHO automatic appointment and the case proceeds.
2. If the IHO who has been appointed determines that the issues noted in the previously withdrawn due process complaint and the new due process complaint are not substantially similar, the district must appoint the next IHO in accordance with the rotational selection process.
3. If the IHO who was previously appointed to the case that was withdrawn is no longer available to hear the refiled due process complaint, the district must appoint the next IHO in accordance with the rotational selection process.