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 279.2 - Notice of intention to seek review and notice of intention to cross-appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				party, as described in subdivision (c) of this section, who intends to seek
				review by a State Review Officer of the decision of an impartial hearing
				officer shall personally serve upon the opposing party, in the manner
				prescribed for the service of a request for review pursuant to section
				279.4  of
				this Part, a notice of intention to seek review in the following form:
Notice:
The undersigned intends to seek review of the determination
				  of the impartial hearing officer concerning the identification, evaluation,
				  educational placement, provision of a free appropriate public education, or
				  manifestation determination of (name of student with a disability). The school
				  district is required to prepare and submit a certified copy of the hearing
				  record to the Office of State Review in accordance with section
				  279.9 
				  of the Regulations of the Commissioner of Education. If you wish to seek review
				  of this determination as well, you must send to the party listed below a notice
				  of intention to cross-appeal in accordance with Part 279 of the Regulations of
				  the Commissioner of Education, within 30 days after the date of the decision of
				  the impartial hearing officer. You may find this form on the website of the
				  Office of State Review (
www.sro.nysed.gov
).
(b) The notice of intention to seek review
				shall be served upon the opposing party no later than 25 days after the date of
				the decision of the impartial hearing officer sought to be reviewed.
(c) The party initially requesting the review
				shall be denominated as petitioner, and any adverse party as
				respondent.
(d) A respondent who
				wishes to cross-appeal to seek review by a State Review Officer of the decision
				of an impartial hearing officer shall personally serve upon the opposing party,
				in the manner prescribed for the service of a request for review pursuant to
				section
				279.4  of
				this Part, a notice of intention to cross-appeal within 30 days after the
				decision of the impartial hearing officer. The notice of intention to
				cross-appeal shall be in the following form:
Notice:
The undersigned intends to seek review of the determination
				  of the impartial hearing officer concerning the identification, evaluation,
				  educational placement, provision of a free appropriate public education, or
				  manifestation determination of (name of student with a disability).
(e) Every notice of intention to
				seek review or notice of intention to cross-appeal shall be accompanied by a
				case information statement, which shall identify those issues the party wishes
				to be reviewed by a State Review Officer, and may be made on a form prescribed
				by the Office of State Review. Matters appearing in the case information
				statement shall not preclude the parties from raising additional issues in
				their pleadings for review.
(f) A
				State Review Officer may, in his or her discretion and pursuant to this Part,
				review the determination of an impartial hearing officer notwithstanding a
				party's failure to timely serve a notice of intention to seek review.