• Getting Started
  • Logging On IHRS
  • Helpful Information
  • IHRS Basics
    • Modifiable Fields
  • Using Basic Data Analysis
  • Getting Help
• Opening a Case
  • What is a Case?
    • What is an Expedited Case?
    • What is a CSE Case?
    • What is a CPSE Case?
  • How to Enter a Case
    • Required Fields
    • Additional Fields
  • How to Open a Case
  • How to Find a Case
• Appointing an IHO
  • Access Rotational List
  • Contact IHO
  • Appoint IHO
  • Rescind or Recuse Appointments
• Maintaining a Case
• Case Issues
  • What is a Case Issue?
  • When to Enter an Issue Decision
  • When to Enter a Case Issue
• Resolution Period
  • What is a Resolution Period?
  • How to Close a Resolution Period
  • Does Mediation Affect the Resolution Period?
• Hearings
  • What is a Hearing?
  • When to Enter a Hearing
• Amendments
  • What is an Amendment?
  • When to Enter an Amendment
• Extensions
  • What is an Extension?
  • How to Enter an Extension
• Closing a Case
  • How to Close a Case
• What is Entered After the Case is Closed?
• IHO Help
  • IHO Responsibilities
  • Accessing IHRS
    • Username and Password
    • Change Password
    • Reset Password
    • Logging On
  • Timelines
    • IHO Responsibilities
    • SED Responsibilities
    • Hearing Timelines
  • IHO Toolbox
    • Extension Calculator
    • Extension Form
    • Extension Errors
    • List of Active Cases
  • Redaction Standards - May 2016 (HTML format)
  • IHO Decision Cover Sheet - May 2011
    ( PDF format - 45.1 KB)
  • IHO Decision Cover Sheet - May 2011
    ( Word format - 34 KB)
• Forms
  • Data Change Request
  • Case Extension Form
    ( PDF format - 83.1 KB)
  • IHRS Hearing and Case Issue Information Form
    ( PDF format - 110 KB)
• Technical Assistance
  • Request Data Change
  • IHRS Quick Reference Guide
    ( PDF format - 1.08 MB)
  • Impartial Hearing Process for Students with Disabilities Guide (2001)
  • Changes in IHRS, August 2011
    ( PDF format - 58.1 KB)
  • Summary and Guidance on Regulations Relating to Special Education Impartial Hearings, Feb. 2014
    ( PDF format - 733 KB)
• Site Map

Appointing an IHO

Relevant New York State Regulation(s):

• 8 § NYCRR Part 200.2(e)
• 8 § NYCRR Part 200.5(j)

School District Responsibility

• The board of education of each school district must establish administrative policies and procedures for the selection and appointment of an Impartial Hearing Officer (IHO). See Getting Started - Impartial Hearing Process: Responsibilities for Data Reporting and Monitoring for more information on school district responsibilities regarding impartial hearings.

• The school district shall begin contacts with IHOs for appointment selection immediately but not later than two business days after receipt of the written request for a hearing.

• The school district shall contact the IHO in alphabetical order according to a rotational list beginning with the first name appearing after the IHO who was last appointed to serve. The district's continuously updated version of the Impartial Hearing Officer Rotational List is available on the Impartial Hearing Reporting System (IHRS). The selection of an IHO from the IHRS rotational list begins with the first name appearing at the top of the list. This list is automatically maintained in rotational order as IHOs appointments are recorded in IHRS. See Accessing the IHO Rotational List and Contacting an IHO for more information.

If no IHO has served, the school district shall first set their district’s Rotational List Marker.  See First Time District Accesses IHRS – Setting the District Initial Marker.

• The school district must document all IHO contacts in a way that can be independently verified. This is important in the event an IHO (or parent) questions whether the district has appropriately followed the rotational list. Independently verifiable documentation can include requests and responses conveyed via facsimile, electronic mail or certified overnight mail, and telephone contacts that are recorded and confirmed in writing. The school district must ensure there is a mechanism in place to receive the IHO's response within the 24-hour period. The IHRS provides an electronic method of maintaining the required contact documentation. SED encourages the district to use this mechanism. See Steps to Enter IHO Contact Information.

• During the appointment selection process the school district may ask an available IHO:

• To ensure that his or her schedule is such that any sufficiency challenges may be determined by the IHO within 5 calendar days upon receipt of request.

• Whether the IHO will be available to initiate the hearing timeline within 1 calendar day after the conclusion of the Resolution Period or if the school district is unable to obtain participation of the parent(s) in the resolution meeting after reasonable efforts are made and documented.

• The school district may request the Board of Education (BOE) Designee to appoint an IHO in order to expedite the immediate appointment of an IHO.

BOE Designee

A board of education may elect to designate the appointment process to one or more of its members so that the appointment can occur immediately. If the board of education does not elect this option, it must immediately (i.e., without delay) convene as a full board to appoint the IHO since an impartial hearing cannot be convened until a board of education appointment is made. The regulations do not permit a delay in the appointment of the IHO. In the event the board does not have a regularly scheduled meeting at the time the IHO is selected, the board of education must convene a special meeting for the purpose of appointing the IHO.

IHO Responsibility

• The IHO shall respond within 24 hours to a district contact regarding availability to serve as an IHO.

• If the IHO fails to respond the district may move on to the next available IHO.

• The IHO must be available to conclude the hearing process within 45 calendar days unless extensions are granted at the request of either party (30 calendar days for preschool hearings and 15 business days for expedited hearings).

For more information on IHO responsibilities, please see Getting Started - Impartial Hearing Process: Responsibilities for Data Reporting and Monitoring.

First Time District Accesses IHRS - Setting the District Initial Marker

The district sets its rotational marker ONE TIME ONLY and occurs before the district enters their first impartial hearing case. The marker sets the starting point in your district rotational list in IHRS. Thereafter, the marker is moved automatically when you appoint an IHO to a case. The appointed IHO moves to the bottom of the list and the next IHO in the list moves up to the top of the list.

Steps to Set District Initial Marker
Step 1.	Log onto IHRS
Step 2.	On the IHRS Main Menu screen, find and click on District Initial Marker located under the IHRS Data Entry header. A list of IHOs will appear, if your district's rotational list marker has not been set you will see an "N" under the Marker column by each IHO name. If you do not see a list of IHO's after clicking on District Initial Marker, please contact the VESID office at 518-473-0170 or vesidih@mail.nysed.gov for assistance.
Step 3.	Find and click on the IHO Identifier number for the last IHO appointed to a case for your district. If your district has never had an impartial hearing, click on the last IHO Identifier number on the list.
Step 4.	Next to the Marker: field, click the arrow on the drop down box and select "Y".
Step 5.	Take a look at your selection 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 district rotational list marker has been successfully set. 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 toolbar to confirm your data was entered and saved.
Step 8.	Click on Menu on the navigation bar at the top of the screen to return to the IHRS Main Menu.

Accessing the IHO Rotational List

Each school district must appoint from a current rotational list of certified and active IHOs in New York State. The district-specific rotational list in IHRS is designed to help districts meet this regulatory requirement (except New York City where they maintain their own IHO rotational list).

The IHO Rotational List is specific to your school district, that is, you will not be able to access a list of IHOs serving another school district.

Each IHO may be eligible to serve in one or more counties, a county listing is shown for each IHO by clicking on the IHO ID associated with the IHO's name on the list.

Steps to Access IHO Rotational List
Step 1.	Log onto IHRS
Step 2.	On the IHRS Main Menu screen, find and click on IHO Rotational List located under the IHRS Query header. A list of IHOs will appear starting with the next IHO available for appointment at the TOP of the list. The district must contact the IHO in the order displayed on this list.
Step 3.	Click on Menu on the navigation bar at the top of the screen to return to the IHRS Main Menu. Note: If a list of IHOs does not appear after clicking on IHO Rotational List from the IHRS Main Menu screen this may mean that your district's initial marker has not been set. See First Time District Accesses IHRS - Setting the District Initial Marker for more information.

Contacting an IHO from the IHO Rotational List

The IHO Rotational List screen is used to identify which IHOs are next in line to be contacted for appointment. The name of the most recently appointed IHO will appear at the bottom of the list. Contact the IHO at the top of the rotational list first, then proceed down the list in order.

Note: Districts are discouraged from printing a copy of the IHO Rotational List for reference, as IHO names may be added or deleted from the list though out the year. Instead, SED recommends logging onto the IHRS for each new case.

This window is updated automatically when:

• You appoint an IHO (The appointed IHO moves to the bottom of the list).

• VESID adds a new IHO to your county.

• VESID inactivates/reactivates an existing IHO in your county.

The school district may simultaneously contact several IHOs to determine their availability, but the selection of the IHO must be based on the rotational list, regardless of which IHO responds first. For example:

1. IHO 1 was not available; you have left a message for IHO 1 to return your call regarding appointment. The IHO has 24 hours to respond.

2. IHO 2 has declined appointment. You may move on to IHO 3.

3. IHO 3 was available and has accepted appointment. You notify IHO 3 that you are waiting to hear from a previous IHO on your district's rotational list and will contact him or her with the result.

• If IHO 1 calls and declines the appointment or does not respond with 24 hours, you may contact IHO 3 to arrange the appointment. You may not go back to IHO 2 for appointment to any later impartial hearing requests your district may receive after this request. In this case, after IHO 3 is appointed, IHRS will move IHO 1, IHO 2 and IHO 3's name to the bottom of the rotation list.

• If IHO 1 calls within 24 hours and accepts the appointment you may make arrangements for the appointment. After appointing IHO 1 IHRS moves his or her name to the bottom of the rotation list. Notify IHO 3 that a previous IHO has accepted appointment. IHO 2 and IHO 3 remain next on the list for appointments to later impartial hearing requests.

Steps to Access Contact Information from the IHO Rotational List
Step 1.	Log onto IHRS
Step 2.	On the IHRS Main Menu screen, find and click on IHO Rotational List located under the IHRS Query header. A list of IHOs will appear starting with the next IHO available for appointment at the top of the list.
Step 3.	Click on the IHO Id number to access the specific IHO's contact information.
Step 4.	You may record or print out the contact information to refer to when contacting the IHO. Some IHOs maintain two addresses. Use the Primary address first to contact the IHO. Do not use any address that has a "Y" in the Inactive? field in the address line. The Y indicates that the address is inactive. See IHO Inactive? for more information.
	If you choose to contact the IHO at this time, please be sure to also record the following: Contact Date and Time Contact Method (i.e., Home Phone, Work Phone, Email) Result Date and Time Result of Contact (i.e., accepted, declined, no response) This information may later be recorded in the Hearing Officer Contact Information section of the new case you have opened. Although this information is not required it is helpful in keeping an accurate case record in case any questions may arise. Please see Steps to Enter IHO Contact Information for more information.
Step 5.	Click on Menu on the navigation bar at the top of the screen to return to the IHRS Main Menu.

IHO Inactive?

IHOs who have served on the SED list at some point but have become inactive (e.g., removed themselves, deceased, etc.) remain on the list as "inactive." They are left on the list, as the district may need to access information regarding past cases for data analysis purposes. Inactive IHOs are indicated with a "Y" in the Inactive? field.

Steps to Enter IHO Contact Information
Step 1.	Log onto IHRS
Step 2.	Find and open the specific case you wish to add IHO Contact information.
Step 3.	Scroll down to the Hearing Officer Contact Data heading and click on the New button shown under the heading.
Step 4.	Click on the List button next to the IHO Identifier field. An IHO List pop-up window will appear. Click on the IHO ID number next to the name of the IHO you wish to select.
Step 5.	Click on the CAL button next to the Contact Date field and enter the date you contacted the IHO. Note: For the Contact Date and Result Date fields please enter a 2 digit month/2 digit day/4 digit year. For example, Result Date: 03/18/2008.
Step 6.	Enter the Contact Time. Note: For the Contact Time and Result Time fields please enter (in military time to the nearest half hour) a 2 digit hour, colon (:), 2 digit minute. For example, Result Time: 14:30.
Step 7.	Click on the List button next to the Contact Method field and select the mode of contact. (i.e., Home Phone, Work Phone, Fax)
Step 8.	Take a look at your data to make sure it is accurate.
Step 9.	Click Save.
Step 10.	A "Success!" message appears at the top of the screen indicating that the IHO Contact information 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 toolbar to confirm your data was entered and saved. Please see the Troubleshooting Checklist in this section for more information.
Step 11.	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.

Steps to Enter IHO Contact Information Once the IHO has Returned the District's Contact Regarding an Appointment
Step 1.	Log onto IHRS
Step 2.	Find and open the specific case you wish to add IHO Contact information.
Step 3.	Scroll down to the Hearing Officer Contact Data heading and click on the IHO Identifier button next to the name of the IHO you wish to edit shown under the heading.
Step 4.	Click on the CAL button next to the Result Date field and enter the date the IHO responded. Click on the List button next to the Result Time field and enter the time the IHO responded.
Step 5.	Click the List button and select a Contact Result. (i.e., Accepted, Declined, No Response). If the IHO has declined appointment for other reasons than those listed please enter a brief reason for declination in the Declined Other Reason field.
Step 6.	Take a look at your data to make sure it is accurate.
Step 7.	Click Save.
Step 8.	A "Success!" message appears at the top of the screen indicating that the IHO Contact information 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 toolbar to confirm your data was entered and saved. 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.

Appointing an IHO

You must complete contact and contact result information for all contacted IHOs before recording the appointment of an IHO.

The board of education must immediately appoint the IHO who was selected from the rotational list. A board of education may designate one or more of its members to appoint the IHO on behalf of the board, see BOE Designee. An IHO must accept within 24 hours to be appointed.

Steps to Enter an IHO Appointment
Step 1.	Log onto IHRS
Step 2.	Find and open the specific case you wish to add an IHO appointment.
Step 3.	Scroll down to the Hearing Officer Appointments heading and click on the New button shown under the heading.
Step 4.	Click on the List button next to the IHO Identifier field, an IHO List pop-up window will appear. Click on the IHO Id of the IHO the Board of Education (BOE) approved for appointment.
Step 5.	Click on the CAL button next to the BOE Appointment Date field and enter the date the BOE approved the IHO appointment. Note: Information in the Rescinded Date and Rescinded Reason fields should only be entered if the district has rescinded the IHO's appointment. Please see Steps to Rescind an IHO Appointment for more information.
Step 6.	Take a look at your data to make sure it is accurate.
Step 7.	Click and Save.
Step 8.	A "Success!" message appears at the top of the screen indicating that the IHO appointment 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 toolbar to confirm your data was entered and saved. 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.

Recuse or Rescind an IHO Appointment

Recusal of IHO Appointment

The IHO may recuse him or herself from a case. As per the Administrative Law Judge Manual, the IHO must recuse him or herself after appointment if the IHO has a personal bias or prejudice or familiar relationship concerning a party or witness, or personal knowledge of disputed evidentiary facts concerning the proceeding.

If either party to the hearing believes there is a potential conflict of interest or concern regarding impartiality with the IHO who has been appointed, they may ask the IHO to recuse him or herself. The IHO must hear the argument and decide whether or not to be recused.

• In the event the IHO is recused from the hearing the school district must select and appoint another IHO immediately.

• In the event the IHO is not willing to be recused, either party to the hearing may appeal such decision to the State Review Office (SRO) once the final decision of the IHO has been rendered on the case.

Steps to Recuse an IHO Appointment
Step 1.	Log onto IHRS
Step 2.	Find and open the specific case you wish to add the IHO recusal data.
Step 3.	Scroll down to the Hearing Officer Appointments heading and click on the IHO Identifier of the IHO to be recused shown under the heading.
Step 4.	Click on the New button under the Hearing Officer Recusal Data section.
Step 5.	Click on the CAL button next to the Recusal Request Date field and enter the date the party has requested the IHO recusal.
Step 6.	Click on the List button next to the Requestor field and enter the party requesting the IHO recusal.
Step 7.	Enter a brief recusal reason in the Recusal Reason field.
Step 8.	Click on the drop down arrow on the Recusal Granted? field and indicate whether the recusal was granted by entering a "Y" or "N".
Step 9.	Click on the CAL button next to the Recusal Effective Date field and enter the date the recusal was granted.
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 IHO recusal 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 toolbar to confirm your data was entered and saved. Please see the Troubleshooting Checklist in this section for more information.
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.

Rescinding an IHO Appointment

If by mutual agreement of the parties, the IHO who has been appointed is deemed incapacitated or otherwise unavailable or unwilling to continue the hearing or issue the decision, the board of education must rescind the appointment of the IHO and immediately appoint another IHO in accordance with the rotational selection and appointment procedures described above.

Steps To Rescind An IHO Appointment
Step 1.	Log onto IHRS
Step 2.	Find and open the specific case you wish to add IHO rescind data.
Step 3.	Scroll down to the Hearing Officer Appointments heading and click on the IHO Identifier of the IHO to be rescinded shown under the heading.
Step 4.	Click on the CAL button next to the Rescinded Date field and enter the date the BOE rescinded the IHO appointment.
Step 5.	Click on the drop down arrow on the Rescinded Reason field and select the reason the appointment was rescinded.
Step 6.	Take a look at your data to make sure it is accurate.
Step 7.	Click Save.
Step 8.	A "Success!" message appears at the top of the screen indicating that the IHO rescind data 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 toolbar to confirm your data was entered and saved. 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.

On the Case Maintenance data entry screen, under the Hearing Officer Appointments section, you will see a Recusal Indicator of "Y" next to the IHO's name whose appointment was rescinded.

Troubleshooting Checklist:

When entering IHO Contact data, did you:

When entering IHO Appointment data, did you:

When entering IHO Appointment recusal or rescission data, did you: