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Office of Special Education
IMPARTIAL HEARING REPORTING SYSTEM



Amendments

Relevant New York State Regulation(s):

  • 8 § NYCRR Part 200.5(i)(7)

What is an Amendment?

An amendment is a change to the substantive components of a due process complaint including:

  • A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem

  • A proposed resolution of the problem to the extent known and available to the party at the time.

A due process complaint notice may also be ameded if the party receiving the request believes any of the elements listed above are missing they may ask the IHO to rule whether the request is sufficient. If the IHO deems the request insufficient the case may either be closed based on that ruling (the complainant may re-file at a later date) or the IHO may allow the complainant a specified amount of time to revise the due process complaint (request). If the request is revised, and the revision results in a determination that the request is sufficient, it is entered in the Impartial Hearing Reporting System (IHRS) as an amended request. This allows the timelines for the resolution period and the decision due date to be recalculated.

What Happens to the Timeline When a Case is Amended?

The timeline recommences on the date the party (e.g., parent) files (gives) the amended due process complaint notice with the other party (e.g., district), provided that:

  1. The other party has consented in writing to such amendment or

  2. The IHO has granted permission for an amendment which must happen at least 5 days prior to the initiation of the first hearing held. The IHO can tell a party it can amend, but timelines do not recommence until the amended notice is filed with (given to) the other party.

  • If a parent-initiated case is amended during the resolution period, the 30-day resolution period is started again beginning with the date the amended due process complaint notice is filed (given to) the other party. The new resolution period is initiated to ensure that the parties have opportunity to resolve any amended issues in the complaint through a resolution meeting.

  • If a parent-initiated case is amended after the resolution period has ended and before the first scheduled hearing is held, a new 30-day resolution period begins using the amended date (the date the amended due process complaint notice is filed (given to) the other party) as the start date of the new resolution period. The new resolution period is initiated to ensure that the parties have opportunity to resolve any amended issues in the complaint through a resolution meeting.

  • If an amendment is back entered (entered after the hearing has proceeded past the resolution period) and/or the timeline has been extended, the new resolution period to address the amended issue(s) will proceed concurrently while hearing activity is continuing for the non-amended issue(s).

  • If a district-initiated case is amended, there is no effect on the time line as a resolution period is not required.

  • If a due process request notice requesting an expedited impartial hearing is amended, there is no effect on the timeline. No new resolution period is created.

Steps to Enter an Amendment

Step 1.

Log onto IHRS.

Step 2.

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

Step 3.

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

Step 4.

Click on the CAL button and enter the date the request was amended. This date is the date the party has filed (given) the amended due process complaint notice to the other party.

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 8.

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.


Troubleshooting Checklist:

Troubleshooting Checkmark

When entering an Amendment, did you:


 

Check that the Amendment date entered is not before the case request date?

 

Check whether the current Resolution Period's End Date and Result is entered if the Amendment Date occurs after that Resolution Period's Compliance Date?

 

Check whether case is closed? You will not be able to enter any case information (other than Issue Appealed To SRO and Actual Action Completion Date in Case Issues) after a case is closed.