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School District Responsibilities

The school district is responsible for timely reporting of all dates and actions related to an impartial hearing in the IHRS throughout the process, from receipt of request (due process complaint notice) to closing the case. When the district receives or initiates a request for an impartial hearing, it must immediately enter the request and record all relevant case information as it occurs. The school district’s timely data entry is key to accurate reporting. The district must develop policies and procedures relative to impartial hearings and reporting that clearly outline how the district fulfills its reporting responsibilities.

The Special Education Due Process Unit monitors the case information in the IHRS daily to ensure compliance with the required regulatory timelines. Monitoring protocols include notification to the district and impartial hearing officer (IHO) of noncompliance in any aspect of the case, including when the decision or case closure is late (i.e., past the case compliance date).

Changes in School District Staff Information

The IHRS retrieves contact information from the State Education Department Reference File (SEDREF) when notifying the Superintendent and Director of Special Education (DSE) of impartial hearing case activity. If the Superintendent’s or DSE’s contact information is changed or becomes inactive and is not updated in the SEDREF system, they may not receive important notifications regarding impartial hearing case activity. To ensure there are no interruptions in the appropriate staff receiving the IHRS notifications, the Office of Information and Reporting Services (IRS) must be formally notified so the SEDREF can be updated. More information on how to change contact information may be found on the SEDREF Update Process webpage. This page may also be accessed by clicking the link in the Application Business Portal.

Late Appointment Monitoring

The district is responsible for entering an impartial hearing request immediately upon receipt and to initiate appointment of an IHO within two business days of receipt of the request. Failure to appoint a hearing officer or failure to enter the appointment data in the IHRS results in the following:

• An initial notification is sent to the school district superintendent and director of special education that the appointment is overdue.
• A second notification is sent to the school district superintendent and director of special education that the appointment continues to be overdue if, after the initial notification, the district has still not appointed an IHO.
• The superintendent is contacted to review the activity with district staff and to set a timeline to address the late appointment. A letter is sent to the superintendent to confirm the agreed upon timeline.
• Additional corrective actions are taken for failure to meet the agreed upon timeline.

The IHRS is a secure and confidential system. No personally identifiable information or copies of case decisions are entered or stored in the IHRS. Users can only view case information pertaining to their cases. Cases involving other school districts cannot be accessed.

A username and password is required to access the IHRS. The IHRS is available 24/7 for use by authorized individuals.

How do I know if I entered data correctly?

You should review the data you entered for accuracy before clicking Save. A green Success! message appears at the top of the screen indicating data was successfully entered. If this does not occur, the resulting error message provides guidance about next steps. If you do not receive either a Success! message or an error message, refresh your browser to confirm your data was entered and saved.

How do I correct a data entry error?

If you are unable to correct the information you entered, you must submit a data change request (see Data Change Requests).

How do I get help?

The IHRS Help File may be accessed from any screen in IHRS by clicking Help. You may find the answers to many questions regarding the IHRS on this site. If you require additional assistance, contact the Special Education Due Process Unit at specedih@nysed.gov or (518) 473-0170.

The IHRS Home Screen

The IHRS home screen is accessed by logging in to the Application Business Portal and clicking Impartial Hearing Reporting System (IHRS) under My Applications. School districts typically use the following features listed on the screen:

CASE MAINTENANCE;
IHRS DATA CHANGE REQUEST;
IHO ROTATIONAL LIST;
DISTRICT INITIAL MARKER; and
SUMMARY-CASE QUERY.

How do I search a case that has been entered?

Step 1: Click the Summary-Case Query on the IHRS home screen.

Step 2: Enter information in the fields based on the criteria you want to use when searching for a case. Entering multiple search criteria narrows your search. For example:

• Use List next to the Institution field to search for all the cases in your school district;
• Enter Y in the Expedited? field to search for expedited cases; or
• Enter a date range in the Case Closed Date field and use List next to the Case Closed Type field to search for cases with Actual Decisions (or a different type) within the chosen date range, etc.

Step 3: Click the Case Identifier link to view information for a specific case.

Note: You can only view case information pertaining to your school district's cases.

What is a case?

A case refers to all information and actions associated with a particular request for an impartial hearing as recorded in the IHRS. Each case is assigned a unique, numeric Case Identifier (ID). All case information is linked to the ID.

What is an expedited case?

An expedited case involves an impartial hearing request usually concerning the placement of a student with a disability in an interim alternative educational setting (IAES) because of issues arising from the discipline of such student. Expedited cases have much shorter timelines, and the timelines are based on school days.

The school district calculates and enters the compliance date when initially entering an expedited impartial hearing request in the IHRS. The compliance date is 30 school days from the date the district received the expedited request. When calculating the compliance date, day number one is the first school day after the receipt of the request.

The impartial hearing officer appointed to the case receives an automated email notification generated by the IHRS with the expedited compliance date calculated by the school district.

When is a case entered?

The district needs to enter the required information immediately upon receipt of the request for an impartial hearing.

School District Responsibilities

The school district must begin contacting impartial hearing officers (IHOs) for appointment selection immediately, but not later than two business days after receipt of the written request for a hearing. Multiple IHOs may be contacted at one time. The district does not need to wait 24 hours before contacting another IHO. During the appointment selection process the school district may ask an available IHO:  

• To ensure their schedule is such that any sufficiency challenges may be determined by the IHO within 5 calendar days upon receipt of request; and
• To ensure they are available to initiate the hearing timeline within 14 calendar days after the conclusion of the resolution period or, if the school district is unable to obtain participation of the parent(s) in the resolution meeting, after reasonable efforts are made and documented.

The school district must document all IHO contacts in a way that can be independently verified. Independently verifiable documentation may include requests and responses conveyed via facsimile, electronic mail, certified overnight mail, and telephone contacts that are recorded and confirmed in writing. The school district must ensure there is a mechanism in place to receive the IHO's response within the 24-hour period. The IHRS provides an electronic method of maintaining the required contact documentation. Districts are encouraged to use this mechanism (see Contacting an IHO).

Board of Education Designee

A board of education may elect to designate the appointment process to one or more of its members so that the appointment can occur immediately. If the board of education does not elect this option, it must immediately (i.e., without delay) convene as a full board to appoint the IHO since an impartial hearing cannot be convened until a board of education appointment is made. The regulations do not permit a delay in the appointment of the IHO. In the event the board does not have a regularly scheduled meeting at the time the IHO is selected, the board of education must convene a special meeting for the purpose of appointing the IHO.

Impartial Hearing Officer Responsibilities

The IHO shall respond within 24 hours to a district contact regarding availability to serve as an IHO. If the IHO fails to respond, the district can move on to the next available IHO.

The IHO must be available to conclude the hearing process within 45 calendar days for Committee on Special Education (CSE) cases and 30 calendar days for Committee on Preschool Special Education (CPSE) cases unless extensions are granted at the request of either party. There are no extensions for expedited cases.

School districts are required to appoint IHOs outside of the alphabetical rotational selection process under certain circumstances. Such circumstances typically involve potential consolidation of two or more cases, potential refiling of a previously withdrawn case, or cases that include both expedited and nonexpedited issues.

Note: A due process complaint that involves both expedited and nonexpedited issues must be entered as two separate cases, and the same IHO must be appointed to both cases. Please contact the Special Education Due Process Unit for assistance at specedih@nysed.gov or (518) 473-0170.

What is a case issue?

A case issue is an issue raised by the party filing the due process complaint notice concerning any matter relating to the identification, evaluation, or educational placement of a student with a disability or a student suspected of having a disability, or the provision of a free appropriate public education to the such student. The due process complaint notice may include multiple case issues, and the IHO hearing the case renders a separate decision for each issue.

The district needs to enter a case issue before the case can be closed in the IHRS. However, case issues may be entered in the IHRS as soon as the case is opened. Issues can only be entered in open cases. The issues may be found in the due process complaint notice.

Entering a Case Issue

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs a case issue entered.

Step 2: Click New under Case Issues.

Step 3: Click List next to the Issue Type field. Click an issue type.

Note: You do not need to specify COVID-19-RELATED and NOT COVID-19-RELATED for cases requested after July 1, 2023.

Step 4: Click Save. An issue type cannot be modified once selected and successfully saved.

Step 5: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The data you entered appears under Case Issues.

Correcting a Case Issue

Step 1: Scroll down to Case Issues on the Case Maintenance data entry screen. Click the link for the Issue Type that needs to be changed.

Step 2: Click List next to the Issue Decision field. Click ISSUE CHANGED DUE TO FURTHER CLARIFICATION if an issue is changed as a result of clarification during the prehearing conference. Click NOT AN ISSUE if there is a data entry error.

Step 3: Click Save.

Step 4: The screen indicating your selection has been successfully entered opens. Click New.

Step 5: Click List next to the Issue Type field. Click the correct Issue Type.

Step 6: Click Save.

Step 7: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The data you entered appears under Case Issues.

A resolution period is an opportunity for the parent(s), member(s) of the committee on special education, and a representative of the school district who has decision-making authority to meet and discuss the complaint to reach a possible agreement before the impartial hearing takes place. A resolution period occurs when a parent initiates a due process complaint. It is a maximum 30-day period beginning the day the district receives the due process complaint from the parent(s). The resolution period for a parent-initiated expedited request is 15 days from receipt of the due process complaint. There is no resolution period with district-initiated requests, and the impartial hearing begins immediately.

Note: The IHRS automatically populates the Resolution Period Start Date and Resolution Compliance Date fields in Case Maintenance based on the request date entered by the district.

What is mediation?

Special education mediation is a voluntary process in which parents of students with disabilities and school district personnel meet with a specially trained, impartial individual (i.e., a mediator) to work out differences in a collaborative way. The mediator, unlike the IHO, does not issue a decision but rather assists the parties to reach a mutually agreeable resolution to the problem and document that agreement in writing.

Mediation may be requested at any time for matters arising prior to or at the same time as an impartial hearing request. Use of mediation to resolve a dispute cannot be used to deny or delay a parent’s right to due process, such as the right to an impartial hearing. If an impartial hearing is requested during mediation and more time is needed for mediation, a request may be made to the IHO to reschedule the impartial hearing (see the Office of Special Education's mediation webpage for additional information regarding the mediation process).

Expedited cases cannot be put on a mediation hold.

How does mediation affect the resolution period?

If the parties are involved in mediation during the resolution period, a written agreement to continue mediation may put a hold on the start of the impartial hearing timeline. In this case, the district must enter the mediation case number assigned by the agency providing the mediation in the IHRS. The hold on the impartial hearing timeline continues until the mediation resolves the issues or the IHO is informed that one of the parties has withdrawn from the mediation process. If the issues are resolved in mediation, the case is closed as withdrawn. If one or both of the parties withdraws from the mediation, the impartial hearing timeline begins and the case proceeds to hearing. However, an IHO may grant specific extensions of time beyond the decision due date upon a determination that a settlement is likely through the mediation process.

Entering a Mediation

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs a mediation entered.

Step 2: Click the Mediation link located either at the bottom of the Case Maintenance screen or at the bottom of the Resolution Period data entry screen.

Step 3: Click New.

Step 4: Enter the number assigned by the agency providing the mediation in the Mediation Case Number field.

Step 5: Cick Save.

Step 6: Click the Case Identifier link at the top of the screen to return to Case Maintenance.

Entering a Mediation Hold

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs a mediation hold entered.

Step 2: Click on the Mediation link located either at the bottom of the Case Maintenance screen or at the bottom of the Resolution Period data entry screen and check that a mediation record was entered.

Step 3: Return to Case Maintenance and click the link for the open Resolution Period Identifier under Resolution Periods.

Step 4: Use the calendar feature to complete the Resolution Period End Date field (this is the same as the Resolution Compliance Date).

Step 5: Click List next to the Resolution Period Result field to enter the result (CONTINUE MEDIATION-HEARING TIMELINE ON HOLD).

Step 6: Click Save.

Step 7: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The data you entered appears under Resolution Periods.

Note: When the use of mediation delays the beginning of the hearing timeline, the case compliance date indicates ON HOLD. Extensions and issue decisions cannot be entered. Hearings may be entered as scheduled, but you cannot indicate whether a hearing was held. 

If an amendment is entered, CONTINUE MEDIATION-HEARING TIMELINE ON HOLD is removed from the Resolution Period Result field and a new resolution period is automatically entered (see Amendments).

Types of Hearings

Pendency Hearing

The student must stay in their current placement during administrative and judicial review. Disputes over the nature of a pendency placement should be brought to and resolved by the IHO assigned to the case. A pendency hearing may be held during the Resolution Period. 

Pre-hearing Conference

The purpose of a pre-hearing conference includes:

• Simplifying and/or clarifying the issues;
• Identifying witnesses;
• Identifying evidence;
• Establishing date(s) for the completion of the hearing; and
• Addressing other administrative matters.

The IHO enters a summary of the pre-hearing conference into the record.

Hearing

Both parties agree to participate, with their respective counsel or representative, in a hearing proceeding to present their evidence and witness testimony before the IHO.

When is a hearing entered?

School districts are asked to enter the date of any and all hearings scheduled for the impartial hearing process. A hearing may be entered any time after the date the IHO has been appointed. The IHO provides the district with the dates of all hearing activities. All pre-hearing conferences and hearings may be entered prior to the resolution period ending. However, extensions can only be entered after the resolution period ends.

Entering a Hearing

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs a hearing entered.

Step 2: Click New under Hearings.

Step 3: Use the calendar feature to complete the Hearing Date field.

Step 4: Go to the Held field. Click the arrow and select Y if you are entering a date for a hearing that was held.  Select N if the hearing was scheduled but not held.

Note: You may enter a hearing ahead of time if it has been scheduled but not yet held. If you are entering a future meeting date, skip the Held field. This field needs to be completed before a case is closed.

Step 6: Click Save.

Step 7: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The data you entered appears under Hearings.

What is an amendment?

An amendment is a change to the substantive components of a due process complaint including:

• A description of the nature of the problem relating to the proposed or refused initiation or change, including facts relating to the problem; and/or
• A proposed resolution of the problem to the extent known and available to the party at the time.

If the IHO deems the due process complaint insufficient, the case may either be closed based on that ruling (the complainant may refile at a later date) or the IHO may allow the complainant a specified amount of time to amend the due process complaint notice. If the revised due process complaint results in a determination that the request is sufficient, it is entered in the IHRS as an amended request. This allows the timelines for the resolution period and the decision due date to be recalculated.

An expedited case cannot be amended.

What happens to the timeline when a case is amended?

The timeline recommences on the date the party (e.g., parent) files the amended due process complaint notice with the other party (e.g., district), provided that:

1. The other party has consented in writing to such amendment; or
2. The IHO has granted permission for an amendment, which must happen at least 5 days prior to the initiation of the first hearing held.

Timelines do not recommence until the amended notice is filed with the other party. Recalculated timelines are as follows:

• If a parent-initiated case is amended during the resolution period, the 30-day resolution period is started again beginning with the date the amended due process complaint notice is filed with the other party. The new resolution period is initiated to ensure the parties have an opportunity to resolve any amended issues in the complaint through a resolution meeting.
• If a parent-initiated case is amended after the resolution period has ended and before the first scheduled hearing is held, a new 30-day resolution period begins using the date the amended due process complaint notice is filed with the other party as the start date of the new resolution period. The new resolution period is initiated to ensure the parties have an opportunity to resolve any amended issues in the complaint through a resolution meeting.
• If an amendment is entered after the hearing has proceeded past the resolution period and/or the timeline has been extended, the new resolution period to address the amended issue(s) proceeds concurrently while hearing activity is continuing for the nonamended issue(s).
• If a district-initiated case is amended, there is no effect on the timeline as a resolution period is not required.

Entering an Amendment

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs an amendment entered.

Step 2: Click New under Amendments.

Step 3: Use the calendar feature to complete the Request Amended Date field. The date entered is the date the party filed the amended due process complaint with the other party.

Step 4: Click Save.

Step 5: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The amendment data you entered appears under Amendments.

The new resolution period start and compliance dates data appear under Resolution Periods.

An extension is an additional period of time beyond the regulatory timeline (compliance date) of the impartial hearing decision due date. Extensions are granted by the IHO at the request of one or both of the parties. An extension may move the compliance date by a maximum of 30 days into the future.

An expedited case cannot be extended.

The IHO is responsible for entering extensions into the Extension Reporting Application. The data entered by the IHO appears under the Case Extensions section of the Case Maintenance screen. Clicking the link for the Extension Identifier under Case Extensions opens the Case Extensions screen where additional information about the extension may be viewed. 

Issue decisions are taken from the written decision submitted to the district by the IHO after the hearing. The IHO renders a separate decision for each issue.

Issue decisions are not entered for settled or withdrawn cases since it is not necessary for the IHO to render a decision on issues withdrawn or settled by the parties.

Entering an Issue Decision

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs a case issue entered.

Step 2: Scroll down to Case Issues on the Case Maintenance data entry screen. Click the link for the Issue Type to access the Issue Decision screen.

Step 3: Click List next to the Issue Decision field. Click an issue decision.

Step 4: Go to the Change in Placement? field. Click the arrow and select Y or N from the dropdown list to indicate whether the IHO's decision resulted in a change in placement for the student. Select Y only if the issue type is for an expedited discipline case.

Step 5:  Go to the District Action Required? field. Click the arrow and select Y or N from the dropdown list to indicate whether the IHO requires the district to complete an action related to the issue.

Step 6: Enter a brief description defining the scope of the required action in the District Action Description field. You may copy this information from the decision in the IHO's order.

Step 7: Click Save.

Step 8: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The data you entered appears under Case Issues.

When is a case closed?

An impartial hearing case is closed when the IHO renders a decision or the case is settled or withdrawn. If a decision is rendered, the IHO mails a copy of the written, or at the option of the parents, electronic findings of fact and decision to the parent(s) and school district. The district then records the issue decisions, case closed date, and case closure type in the IHRS. If the case is settled, the district enters the date of the settlement agreement as the case closed date. If a case is withdrawn, the district enters the date of the written withdrawal and/or order of termination issued by the IHO as the case closed date. The district is responsible for notifying the IHO when the case is settled or withdrawn.

Entering a Case Closure

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs to be closed.

Step 2: Check to ensure that the following data is entered:

• An IHO is assigned to the case (unless the case is withdrawn before the school district has appointed an IHO);
• There is at least one issue recorded under Case Issues (unless the case is withdrawn);
• An issue decision is recorded for each issue if the case closure type is Actual Decision;
• At least one hearing date is entered if the case closure type is Actual Decision;
• All hearing dates entered have an indication of whether or not the hearing was held; and
• The Resolution Period Result and End date are entered if the case is parent-requested.

Step 3: Use the calendar feature to complete the Actual Record Closed Date and Case Closed Date fields.

Step 4: Click List next to the Case Closure Type field. Click a case closure type.

Step 5: Click Save. The Case Complete indicator changes from N to Y.

Note: The only field in which data can be entered after a case is closed is the Issue Appealed To SRO? field on the Case Issues data screen. Select Y if the issue was appealed to the State Review Office. Select N if the issue was not appealed to the State Review Office.

Many data entry fields in the IHRS cannot be changed once saved by the user. If an error is entered and cannot be modified, a data change request must be submitted. Multiple data change requests involving the same case or a data change request for a different case must be submitted separately.

Requesting a Data Change

Step 1: Click IHRS Data Change Request on the IHRS home screen. This opens the Data Change Request Query screen. Click New to access a data change request form.

Step 2: The Data Change Request Submit Form screen opens. All fields are required except for District Case Number. Enter the required information.

Step 3: Click Save. Please take note of the Data Change ID automatically assigned to the request. After a data change request is successfully submitted to the IHRS, the requestor receives a confirmation email (multiple email notifications are generated if more than one request is submitted).

Checking the Status of a Data Change Request

Step 1: Click IHRS Data Change Request on the IHRS home screen. Enter the Data Change ID assigned to the submitted data change request or enter criteria in one of the query fields to search all of the requests submitted.

Step 2: Click Find.

Step 3: A list of data changes requested appears based on the query criteria entered. Entering query criteria other than the Data Change ID or Case ID may result in a list of multiple cases. Click the link for the Data Change ID number to view the information you entered as well as the status and received dates entered by the Special Education Due Process Unit.

Step 4: Click Menu to return to the IHRS home screen.