Speeding Up Access to Due Process

At the end of 2021, New York State Governor Kathy Hochul signed legislation S.6682/A.7614, which, according to the Office of Children & Family Services (“OCFS”), would “create a process to immediately appoint an Impartial Hearing Officer (IHO) to rule on special education due process complaints if one has not been appointed within 196 days of a parent filing the complaint." See OCFS’ full press release here: ocfs.ny.gov/main/news/for-release.php?idx=14013 . The legislation appears to attempt to address pervasive delays in the due process system— a process that was intended to be completed within 75 days, in most cases. See, e.g., N.Y. Comp. Codes R. & Regs. tit. 8 § 200.16(h)(9); 200.5(j)(5).

The New York City Department of Education is also trying to speed up access to impartial hearings for certain categories of students. Amongst the top three priorities are: 1) Students not receiving any special education programs or services; 2) Students not receiving all of the services recommended on the Individualized Education Program (“IEP”); and Parents who disagree with the IEP, or are seeking additional services for the student, and may be seeking an independent educational evaluation as well. See https://www.documentcloud.org/documents/21165729-53911313313961569745859301847233605713mem_of_agreement_-_oath .

While the impartial hearing system has been wrought with delays even before the pandemic, it remains one of the most effective venues to enforce a child’s right to an appropriate education. To find out more about whether the impartial hearing is the best route for you, complete our Contact Form at https://www.msrlegal.org/book-your-consultation for an initial consultation by email. Follow us on Instagram (@MSRLegalConsulting ), Twitter (@MSRLegalOroma ), and YouTube (MSR Legal Oroma) for analyses of the latest updates in educational policy impacting special needs students.

Happy New Year!

Oroma

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