N.Y. Comp. Codes R. & Regs. tit. 8 § 279.12

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

Section 279.12 - Decision of State Review Officer

(a) The decision of the State Review Officer shall be based solely upon the record before the State Review Officer and shall be final, unless an aggrieved party seeks judicial review. The decision of the State Review Officer shall be binding upon the parties and the State Education Department with respect to the provision of special education to the student with a disability involved, but shall not constitute binding precedent in any judicial action or proceeding or administrative appeal in any forum whatsoever.

(b) The decision of the State Review Officer shall be mailed by the Office of State Review to counsel for petitioner and respondent, parties appearing without counsel, and the superintendent of the school district involved as a party in the appeal or the superintendent's designee. The superintendent, or the superintendent's designee, shall forward a copy of the decision as soon as practicable to the principal and chairperson of the committee on special education of the school involved in developing the most recent individualized education program (IEP) that was in contention in the appeal.

(c) The decision of a State Review Officer shall be final with respect to the parties involved except as provided in section 200.5(k)(3) of this Title, provided, however, that this subdivision shall not preclude the Office of State Review from correcting typographical or clerical errors in a decision. Such corrections cannot result in a change to the factual or legal basis of the State Review Officer's decision.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.12

Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 1/1/2017