N.Y. Comp. Codes R. & Regs. tit. 8 § 276.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 276.10 - Transfer of appeals and severance of claims

(a) Appeals to the commissioner initiated on or after July 1, 1990 which seek review of the determination of an impartial hearing officer after a hearing regarding the identification, evaluation, program or placement of a student with a disability, shall be transferred by the commissioner to a State review officer of the State Education Department for determination. In the event that the commissioner determines that a pleading in an appeal to the commissioner raises one or more claims which seek review of the determination of an impartial hearing officer pursuant to Education Law, section 4404 (2), the commissioner shall direct that such claim or claims be severed from the appeal and shall transfer the severed claims to a State review officer for determination. Upon transfer pursuant to this section, such an appeal or severed claim shall be deemed to be an appeal to the State review officer initiated on the date that the original appeal to the Commissioner of Education was initiated.

(b) Appeals from an impartial hearing officer's ruling, decision or refusal to decide an issue prior to or during a hearing shall not be permitted, with the exception of a pendency determination made pursuant to subdivision 4 of section4404 of the Education Law, which may be reviewed by a State review officer. However, in an appeal to the State review officer from a final determination of an impartial hearing officer, a party may seek review of any interim ruling, decision or refusal to decide an issue.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 276.10