§ 4404. Appeal procedures for children with disabilities. * 1. a. If\nthe parent or person in parental relation of a student, the board of\neducation or trustees of a school district or a state agency responsible\nfor providing education to students with disabilities presents a\ncomplaint with respect to any matter relating to the identification,\nevaluation or educational placement of the student or the provision of a\nfree appropriate public education to the student or a manifestation\ndetermination or other matter relating to placement upon discipline of a\nstudent with a disability that may be the subject of an impartial\nhearing pursuant to subsection (k) of section fourteen hundred fifteen\nof title twenty of the United States code and the implementing federal\nregulations, and the party presenting the complaint or their attorney\nprovides a due process complaint notice in accordance with federal law\nand regulations and such complaint sets forth an alleged violation that\noccurred not more than two years before the date the parent or public\nagency knew or should have known about the alleged action that forms the\nbasis for the complaint, the board or agency shall appoint an impartial\nhearing officer to review the due process complaint notice when\nchallenged and, if the matter is not resolved in a resolution session\nthat has been convened as required by federal law, to preside over an\nimpartial due process hearing and make a determination within such\nperiod of time as the commissioner by regulation shall determine,\nprovided that the board of education or trustees shall offer the parent\nor person in parental relation the option of mediation pursuant to\nsection forty-four hundred four-a of this article as an alternative to\nan impartial hearing. Where the parent or person in parental relation or\na school district or public agency presents a complaint, the school\ndistrict or public agency responsible for appointing the impartial\nhearing officer shall provide the parent or person in parental relation\nwith a procedural safeguards notice as required pursuant to subsection\n(d) of section fourteen hundred fifteen of title twenty of the United\nStates code and the implementing federal regulations. Notwithstanding\nany provision of this subdivision to the contrary, the time limitation\non presenting a complaint shall not apply to a parent or person in\nparental relation to the student if the parent or person in parental\nrelation was prevented from requesting the impartial hearing due to\nspecific misrepresentations by the school district or other public\nagency that it had resolved the problem forming the basis of the\ncomplaint or due to the school district's or other public agency's\nwithholding of information from the parent or person in parental\nrelation that was required under federal law to be provided. Nothing in\nthis subdivision shall be construed to authorize the board of education\nor trustees to bring an impartial hearing to override the refusal of a\nparent or person in parental relation to consent where a local\neducational agency is prohibited by federal law from initiating such a\nhearing.\n b. If a resolution session resolves the complaint, the parties shall\nexecute a legally binding agreement that is signed by both the parent or\nperson in parental relation and a representative of the school district\nor public agency who has the authority to bind such district or agency\nand shall be enforceable in any state court of competent jurisdiction or\na United States district court. A party may void such agreement within\nthree business days of the agreement's execution.\n c. Individuals so appointed by a board of education or a state agency\nshall be selected from a list of available impartial hearing officers\nwho have successfully completed an impartial hearing officer training\nprogram conducted by the department according to a rotation selection\nprocess prescribed in regulations of the commiss
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.