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Data Reporting and Monitoring

Website Content Area: 
Special Education
Book Type: 
Guide
Paragraphs: 

School District Responsibilities

The school district is responsible for timely reporting of all dates and actions related to an impartial hearing in the IHRS throughout the process, from receipt of request (due process complaint notice) to closing the case. When the district receives or initiates a request for an impartial hearing, it must immediately enter the request and record all relevant case information as it occurs. The school district’s timely data entry is key to accurate reporting. The district must develop policies and procedures relative to impartial hearings and reporting that clearly outline how the district fulfills its reporting responsibilities.

The Special Education Due Process Unit monitors the case information in the IHRS daily to ensure compliance with the required regulatory timelines. Monitoring protocols include notification to the district and impartial hearing officer (IHO) of noncompliance in any aspect of the case, including when the decision or case closure is late (i.e., past the case compliance date).

Changes in School District Staff Information

The IHRS retrieves contact information from the State Education Department Reference File (SEDREF) when notifying the Superintendent and Director of Special Education (DSE) of impartial hearing case activity. If the Superintendent’s or DSE’s contact information is changed or becomes inactive and is not updated in the SEDREF system, they may not receive important notifications regarding impartial hearing case activity. To ensure there are no interruptions in the appropriate staff receiving the IHRS notifications, the Office of Information and Reporting Services (IRS) must be formally notified so the SEDREF can be updated. More information on how to change contact information may be found on the . This page may also be accessed by clicking the link in the Application Business Portal.

Late Appointment Monitoring

The district is responsible for entering an impartial hearing request immediately upon receipt and to initiate appointment of an IHO within two business days of receipt of the request. Failure to appoint a hearing officer or failure to enter the appointment data in the IHRS results in the following:

  • An initial notification is sent to the school district superintendent and director of special education that the appointment is overdue.
  • A second notification is sent to the school district superintendent and director of special education that the appointment continues to be overdue if, after the initial notification, the district has still not appointed an IHO.
  • The superintendent is contacted to review the activity with district staff and to set a timeline to address the late appointment. A letter is sent to the superintendent to confirm the agreed upon timeline.
  • Additional corrective actions are taken for failure to meet the agreed upon timeline.

Timelines for Impartial Hearings

The timeline for an impartial hearing case begins when the district receives a written due process complaint notice (also known as a request for an impartial hearing) from the parent, or the school district initiates an impartial hearing. The table below identifies the number of days by which certain activities are expected to be completed.

Timelines for Impartial Hearings
Case Type IHO Selection Process IHO Appointed Resolution Period Hearing Commences Decision Issued
CSE Within 2 business days from receipt of request Immediately A period of no more than 30 days from receipt of a parent-initiated request. A resolution meeting must be convened within 15 days from receipt of request. Within 14 days of the end of the resolution period for a parent-initiated request. Within 14 days from receipt of request for a district-initiated request. 45 days from the end of the resolution period for a parent- initiated request. 45 days from receipt date for a district-initiated request. Timeline applies unless an extension is granted.
CPSE Within 2 business days from receipt of request Immediately A period of no more than 30 days from receipt of a parent-initiated request. A resolution meeting must be convened within 15 days from receipt of request. Within 14 days of the end of the resolution period for a parent-initiated request. Within 14 days from receipt of request for a district-initiated request. 30 days from the end of the resolution period for a parent- initiated request. 30 days from receipt date for a district-initiated request. Timeline applies unless an extension is granted.
Expedited Within 2 business days from receipt of request Immediately A period of no more than 15 days from receipt of a parent-initiated request. A resolution meeting must be convened within 7 days from receipt of request. Within 20 school days from date the hearing request is filed. 10 school days after the hearing. No extensions are granted for expedited hearing requests.

Other Timelines Associated with the Impartial Hearing Process

  • The district must allow the IHO 24 hours to respond to a district contact regarding availability to hear a case.
  • In order to ensure the timelines are accurately implemented, the district is responsible for notifying the IHO when:
    • Both parties agree in writing to waive either the entire resolution period or a remainder of the period.
    • Both parties agree in writing to continue mediation or either party has withdrawn from mediation.
    • Both parties execute a settlement agreement during the resolution period and are closing the case as settled.
  • New hearing information must be disclosed to each party at least five business days prior to a hearing or three business days in the event of an expedited case.