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 279.1 - Scope of Part
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Review by a State Review Officer of a determination made by an impartial hearing officer concerning the identification, evaluation, educational placement, provision of a free appropriate public education, or manifestation determination of a student with a disability pursuant to the provisions of article 89 of the Education Law and Part 200 of this Title may be obtained by either the parent or person in parental relationship of such student or the board of education or trustees of a school district (the parties). The provisions of this Part shall govern the practice on such reviews.
(b) As used in this Part, State Review Officer means an employee of the State Education Department designated by the commissioner to conduct impartial State-level review pursuant to Education Law, section 4404(2) of the determination of an impartial hearing officer in a hearing related to the identification, evaluation, educational placement, provision of a free appropriate public education, or manifestation determination of a student with a disability.
(c) Impartiality. The commissioner shall establish written procedures to ensure the impartiality of State Review Officers, which shall include, but need not be limited to, the following:
(d) Any party to the State-level review process may challenge the impartiality of a State Review Officer on any of the grounds set forth in subdivision (c) of this section.
(e) The Office of State Review means the office within the State Education Department which assists State Review Officers in rendering their decisions.