N.Y. Comp. Codes R. & Regs. tit. 8 § 279.9

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

Section 279.9 - Record of the proceeding before the impartial hearing officer

(a) Contents of the hearing record. The board of education shall, whether it is the petitioner or the respondent, file with the Office of State Review of the State Education Department, a copy of the record before the impartial hearing officer as defined in section 200.5(j)(5)(vi) of this Title, including a copy of the due process complaint notice, a copy of the response to the due process complaint notice, a copy of the decision of the impartial hearing officer, a copy of any written interim orders, rulings, or decisions rendered by the impartial hearing officer, a bound copy of the written hearing transcript before the impartial hearing officer that includes a word index for the written transcript, an electronic copy of the written transcript, copies of prehearing conference summaries or transcripts, a copy of the original exhibits accepted into evidence at the hearing, an index to the exhibits, and a copy of any written post-hearing briefs or memoranda of law submitted to the impartial hearing officer. The board of education shall submit a signed certification with the record that the record submitted is a true and complete copy of the hearing record before the impartial hearing officer.

(b) Where the petitioner is a party other than the board of education, the board of education shall file the completed and certified record with the Office of State Review within 10 days after service of the notice of the intention to seek review. If a board of education fails to comply with such timeline, a State Review Officer may, at his or her discretion, make appropriate determinations regarding such failure, among them:

(1) to strike an answer, other responsive paper, or any part thereof, filed by such board of education;

(2) to dismiss a cross-appeal filed with the answer by such board of education;

(3) to make a finding that the board of education has violated the parent's right to due process; or

(4) to refer such board of education to the office of the State Education Department responsible for enforcing compliance with Article 89 of the Education Law and the provisions of this Title.

(c) Where the board of education is the petitioner, such board shall file the record before the impartial hearing officer together with the request for review. If a board of education fails to do so, a State Review Officer may, at his or her discretion, make appropriate determinations regarding such failure, among them to dismiss an appeal by the board of education when a completed and certified hearing record is not filed with the request for review.

(d) Where a party has appealed an interim decision of an impartial hearing officer according to the provisions of subdivision (d) of section 279.10 of this Part, the board of education shall include in the record transmitted to the Office of State Review copies of the entire record, consisting of those items described in subdivision (a) of this section, developed as of the date of the interim decision.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.9

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