What Happens After You File for an Impartial Hearing?
Filing for an impartial hearing is a significant step, and most parents do not know what to expect once the process begins. Here is a straightforward overview of what happens after you file.
The Filing
An impartial hearing begins with a written due process complaint filed with the New York City Office of Administrative Trials and Hearings (OATH). The complaint must identify the specific issues you are raising and the relief you are seeking. This is typically done by an attorney. Once filed, OATH assigns an Impartial Hearing Officer (IHO), a neutral state-certified individual who will preside over the proceedings.
The Resolution Period
After the complaint is filed, there is a mandatory 30-day resolution period. During this time, the DOE has an opportunity to meet with you and attempt to resolve the dispute before a hearing takes place. You can choose to waive the resolution session and proceed directly. The resolution period can also be extended by agreement.
Prehearing Conferences
Once the resolution period ends, the IHO typically schedules a prehearing conference. This is an initial meeting (by video) where the parties discuss the timeline, identify the issues, exchange witness lists and exhibits, and set hearing dates.
The Hearing Itself
The hearing is a formal legal proceeding. Both sides present evidence and call witnesses. Witnesses testify under oath and are subject to cross-examination. Exhibits are entered into the record. Hearings can range from a single session to multiple days depending on the complexity of the case. Hearings are typically conducted via a remote video conferencing platform.
The Decision
After the hearing concludes, each party typically submits closing arguments (either oral or written depending on the IHO’s rules). The IHO then issues a written decision called a Findings of Fact and Decision (FOFD). The IHO has 45 days after the close of the record to issue the decision.
The decision may order the DOE to provide tuition reimbursement, compensatory services, or other relief, or it may find in favor of the DOE.
Appeals
If you are unhappy with the IHO's decision, you can appeal to a State Review Officer (SRO). If you are still unhappy after the SRO decision, you can pursue the case in federal or state court. The appeals process adds time and cost, but in cases where the stakes are significant, it may be the right path. The DOE can also appeal an FOFD in your favor.
How Long Does All of This Take?
From filing to IHO decision, the process typically takes several months to over a year, depending on scheduling, extensions, and case complexity. We keep our clients informed throughout and let them know what to expect at each stage.
Mastrangelo & Saul | New York City Special Education Law | This content is for informational purposes only and does not constitute legal advice.