New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter IV - Appeals And Other Proceedings Before the Commissioner › Part 279 - Practice On Review Of Hearings For Students With Disabilities › Section 279.1 - Scope of Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Review by a
				State Review Officer of a determination made by an impartial hearing officer
				concerning the identification, evaluation, educational placement, provision of
				a free appropriate public education, or manifestation determination of a
				student with a disability pursuant to the provisions of article 89 of the
				Education Law and Part 200 of this Title may be obtained by either the parent
				or person in parental relationship of such student or the board of education or
				trustees of a school district (the parties). The provisions of this Part shall
				govern the practice on such reviews.
(b) As used in this Part, State Review
				Officer means an employee of the State Education Department designated by the
				commissioner to conduct impartial State-level review pursuant to Education Law,
				section
				4404(2) of the
				determination of an impartial hearing officer in a hearing related to the
				identification, evaluation, educational placement, provision of a free
				appropriate public education, or manifestation determination of a student with
				a disability.
(c) Impartiality. The
				commissioner shall establish written procedures to ensure the impartiality of
				State Review Officers, which shall include, but need not be limited to, the
				following:
(1) State Review Officers shall
				not be designated to conduct State-level review with respect to a hearing to
				which the State Education Department, or any educational program operated by
				the State Education Department, is a party.
(2) State Review Officers shall not have
				jurisdiction to review the actions of any officer or employee of the State
				Education Department.
(3) State
				Review Officers shall be independent of, and shall not report to, the office of
				the State Education Department responsible for the general supervision of
				educational programs for students with disabilities.
(4) A State Review Officer shall have no
				personal, economic or professional interest in the hearing which he or she is
				assigned to review. A State Review Officer shall, on his or her own initiative
				or on application of any party, recuse himself or herself and transfer the
				appeal to another State Review Officer in the event that:
(i) such officer has in any way been
				substantially involved in the development of any State or local policy or
				procedure challenged by the hearing;
(ii) such officer has at any time been
				employed by a party to the hearing or by the attorney, law firm or other
				representative appearing on behalf of a party; or
(iii) such officer has at any time been
				personally involved in any aspect of the identification, evaluation, or
				educational placement of the student with a disability about whom the hearing
				is concerned, or of other similarly situated children in the school district
				which is a party to the hearing.
(5) A State Review Officer shall not be an
				individual previously employed by the State Education Department in a position
				requiring routine personal involvement in decisions made by local school
				districts regarding any aspect of the provision of free appropriate public
				education to students with disabilities.