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Office of Special Education
IMPARTIAL HEARING REPORTING SYSTEM



Case Issues


What is a Case Issue?

A parent or a school district may initiate a hearing on matters relating to the identification, evaluation or educational placement of a student with a disability, or the provision of a free appropriate public education to the child. These matters become the case issues addressed in the impartial hearing.

The following are the types of case issues that may be entered in the Impartial Hearing Reporting System (IHRS):

  • Bilingual/Monolingual
  • NYC Only: Placement - Nickerson
  • Classification
  • Other Reimbursement
  • Discipline - Expedited
  • Other/Unspecified
  • Discipline - Non Expedited
  • Parent Tuition Reimbursement
  • Evaluation
  • Placement
  • IEP/Program
  • Procedures
  • Independent Evaluation
  • Transportation

Rules About Issues

Issues may only be entered in open cases.

  • Each impartial hearing case with a case closure type of Settled or Actual Decision must have at least one issue recorded.

  • Once selected and successfully saved, an issue type may not be modified.

  • When the Impartial Hearing Officer (IHO) renders a decision there is a separate decision for each issue (e.g., Support Parent, Support School District).

After a case is closed the following issue information may be entered:

  • The date the district completes an action that the IHO directed the district to perform as part of a decision.

  • Whether an issue has been appealed to the State Review Office.

Please see Closing a Case: What May Be Entered After the Case is Closed? for more information on entering issue information after the case is closed.

When to Enter a Case Issue

Case issues may be entered in IHRS as soon as the case is opened. The issues may be taken from the impartial hearing request.

Steps To Enter a Case Issue

Step 1.

Log onto IHRS

Case Maintenance Data Entry screen: Case Issues

Step 2.

Find and open the specific case you wish to add a case issue.

Step 3.

Scroll down to the Case Issues heading and click on the New button shown under the heading.

Step 4.

Click on the List button next to the Issues Type field and choose an issue type.

  Case Issues Data Entry screen

Step 5.

Take a look at your data to make sure it is accurate.

Step 6.

Click Save.

Step 7.

A "Success!" message appears at the top of the screen indicating that the case issue has been successfully entered. If this does not occur, the resulting error message will provide guidance about next steps.

Note: If you do not receive either a "Success" message or a resulting error message click Refresh on your browser's tool bar to confirm your data was entered.

Please see the Troubleshooting Checklist in this section for more information.

Step 9.

Click on the Case Identifier: [Case No.] link at the top of this screen to return to the Case Maintenance screen or click on Menu to return to the IHO Main menu.


What to Do if the Issue Type Needs to be Changed

If an Issue Type is entered incorrectly you may select Data Entry Error in the Issue Decision list menu, Save and then click New to enter the correct issue type.

If an issue is changed as a result of clarification during the meeting you may select Issue Changed Due To Further Clarification in the Issue Decision list menu, Save and then click New to enter the clarified issue.

When to Enter an Issue Decision

Issue Decisions are taken from the written decision submitted to the district by the IHO after the hearing. The IHO renders a separate decision for each issue (e.g., Support Parent, Support School District).

Issue Decisions are not entered for settled or withdrawn cases since it is not necessary for the IHO to render a decision on issues that are withdrawn or settled by the parties.

Issue Decisions

Description

Special Considerations

Data Entry Error

The district has made a data entry error, the issue is not appropriate to the case.

 

Dismissed

The IHO decision orders the issue dismissed.

It is possible that during the hearing process a case may be dismissed. In the event the IHO renders a written decision, the Issue Decision "Dismissed" is entered for each Case Issue Type and the Case Closure Type is entered as "Actual Decision". See Closing a Case: Steps to Close a Case: Case Closure Types for more information.

Independent Decision

The IHO decision supports neither party, it directs a different action than requested.

 

Issue Changed Due To Further Clarification

The initial issue entered is incorrect and has been changed after discussion by the parties.

 

Remand To Committee

The IHO determines that the issue returned to the CSE for action.

 

Settled In Resolution Session

The issue was resolved in resolution session and does not proceed to hearing.

 

Stipulation Agreement

The IHO and the parties have negotiated an agreement on this issue that is stipulated as part of the decision.

If a written decision was rendered by the IHO and specific issues result in an Issue Decision of Stipulation/Agreement the Case Closure Type of "Actual Decision" is selected. See Closing a Case: Steps to Close a Case: Case Closure Types for more information.

Support Parent

The IHO decision supports the parent's position.

 

Support School District

The IHO decision supports the school district's position.

 

Support, In Part, School District

And Parent The IHO decision supports both parties in part.

 

Withdrawn

The requestor has withdrawn the request for an impartial hearing.

 

 

Steps to Enter an Issue Decision

Step 1.

Log onto IHRS

Step 2.

Find and open the specific case you wish to add an issue decision.

Step 3.

Scroll down to the Case Issues heading and click on the Issue Type link.

  Case Maintenance screen: Case Issues: Case Issue Types

Step 4.

Click on the List button next to the Issue Decision field and choose an issue decision.

Case Issues Data Entry screen and Issue Decisions List

Step 5.

Enter the Expedited Issue Decision Date. If the case is not expedited skip to Step 7 below.

Case Issues Data Entry screen and Issue Decisions List

Step 6.

In an expedited case click on the drop down box for Change In Placement? and select "Y" or "N" indicating whether the expedited issue decision resulted in a change in placement for the student.

Step 7.

Click on the drop down box for District Action Required? and select "Y" or "N" indicating whether the IHO required the district to complete an action related to the issue. Note: "Y" is the default value.

Step 8.

Enter a brief description defining the scope of the required action in the District Action Description field.

Step 9.

Enter the date the action must be completed by the district in the Action Date Specified By IHO field.

Step 10.

Take a look at your data to make sure it is accurate.

Step 11.

Click Save.

Step 12.

A "Success!" message appears at the top of the screen indicating that the issue decision has been successfully entered. If this does not occur, the resulting error message will provide guidance about next steps.

Note: If you do not receive either a "Success" message or a resulting error message click Refresh on your browser's tool bar to confirm your data was entered.

Step 13.

Click on the Case Identifier: [Case No.] link at the top of this screen to return to the Case Maintenance screen or click on Menu to return to the IHO Main menu.

Please see the Troubleshooting Checklist in this section for more information.

 

Troubleshooting Checklist:

Troubleshooting Checkmark

When entering a Case Issue, did you:

 

Enter Issue Type only when closing a case as Settled or Withdrawn?

 

Enter an issue of "Discipline-Expedited" for expedited cases only?

 

Enter only non-expedited issues for a non-expedited case?

Troubleshooting Checkmark

When updating or closing a Resolution Period, did you:

 

Enter an Issue Type?

 

Indicate whether a District Action is required?

 

Enter a District Action Description if a district action was required?

 

Enter an Expedited Issue Decision Date only when entering an issue decision for an expedited issue ("discipline-expedited")?

 

Enter whether there was a change in placement if the issue decision was for an expedited case?