Niagara Falls City School District

NIAGARA FALLS CITY SCHOOL DISTRICT Niagara Falls, New York

Regular Board Meeting

August 29, 2002

APPROVAL OF AMENDED LIST OF IMPARTIAL HEARING OFFICERS FOR STUDENTS WITH DISABILITIES

BACKGROUND INFORMATION:

Public Law 94-142 and New York State’s Commissioner’s Regulations 200.5 requires that if a parent requests a review of their child’s placement in a special education program, the Board of Education must have available a list of people who will serve as Impartial Hearing Officers. Procedures to be followed for an impartial hearing are attached.

The State Education Department provides the Niagara Falls School District with a list of approved Impartial Hearing Officers.

It is imperative that a decision be made at this time so that the hearing Officer will be available if needed.

This action item was prepared by Mrs. Dorcas Thomas, Chairperson of the Committee on Special Education. The recommended resolution was reviewed by Mr. Angelo Massaro, School District Attorney.

Mr. Gary Myers, Principal on Special Assignment, will answer questions pertaining to this item.

ALTERNATIVE ACTION:

RECOMMENDATION:

A motion is recommended for the approval of the following resolution: Approval of Amended List of Impartial Hearing Officers List for Students with Disabilities WHEREAS, Public Law 94-142 and New York State Commissioner’s Regulations 200.5 requires that if a parent requests a review of their child’s placement in a special education program, the Board of Education must have available a list of people who will serve as Impartial Hearing Officers; and

WHEREAS, The State Education Department provides the Niagara Falls School District with a list of approved Impartial Hearing Officers; and

RESOLVED, That they be appointed Impartial Hearing Officers for Disabled Children for the period of July 1, 2002 through June 30, 2003.

Stephen Aldersley 169 Wisner Road. Rochester, New York 14622

Joan Alexander 196 Crestwood Lane Williamsville, New York 14221

Richard Alles 6501 Route 90 Cayuga, New York 13034

Paul Bumbalo Attorney at Law 345 Dick Road Depew, New York 14043

Henry Dowski 3 Pendlewood Drive Cheektowaga, New York 14225

Rivona Ehrenreich 66 Woodbury Drive Snyder, New York 14226

Steven Goldsmith 24 Pine Drive Pound Ridge, New York 10576 James Hendra 185 Westfield Road Amherst, New York 14226

Craig Hill 144 Shirewood Drive Rochester, New York 14625

Sharon Kehoe 320 Main Street Brockport, New York 14420

Roy Kuck 67 Terry Lynn Drive Angola, New York 14006

Edward Luban 317 Montgomery Street Syracuse, New York 13202

James Meloon 11 Wellington Avenue Buffalo, New York 14223

Joseph Mineo 5067 Thompson Road Clarence, New York 14031

Gayle Murphy 231 Union Street Hamburg, New York 14075

Aaron Turetsky P.O. Box 367 1682 Front Street, Suite 1 Keeseville, New York 12944

Aaron Tyk 1651 – 47th Street Brooklyn, New York 11204

James Walsh 381 Delaware Avenue Delmar, New York 12054 Roseanne Werb Attorney at Law 224 Vernon Place Rochester, New York 14618

Eric Zaidins 23 Peck Road Mount Kisco, New York 10549 PROCEDURES FOR AN IMPARTIAL HEARING

You may submit a written request for an impartial hearing if, at any time:

1. The CSE fails to conduct an initial evaluation and make a recommendation within 60 school days from the date of your consent.

2. You disagree with the CSE recommendation when you receive notice.

3. You disagree with action taken by the Board of Education that approves, modifies or rejects the CSE recommendation.

4. The recommendations of the CSE are not implemented within 60 school days of receipt of the CSE recommendation by the Board of Education.

5. The CSE fails to complete a review of your child at least once a year or fails to complete a current evaluation of your child once every three years.

6. You do not agree with the school district regarding the provision of an appropriate special education program for your child.

To request an impartial hearing, send a letter to your Board of Education regarding your challenge:

1. The Board will appoint an impartial hearing officer. This individual cannot be an officer, employee or agent of the school district or of the BOCES of which the school district is a component. The hearing officer will preside at the hearing and can administer oaths, and issue subpoenas.

2. You and the Board of Education may be represented by attorneys or assisted by individuals who have special knowledge or training on problems of children with handicapping conditions. You and the Board of Education may bring any other people of your choice to the hearing.

3. At any time in the hearing, if they are needed, interpreters of the deaf and/or language translators must be available. The district must pay for this service.

4. The hearing will be closed to the public, unless you request an open hearing. You have the right to decide if your child should attend the hearing.

5. You, your representative, and the representative of the school district can present evidence and question all the witnesses at the hearing. You and the school district have the right to prohibit the introduction of new evidence when its substance was not shared with the other party at least five days before the hearing.

6. The hearing officer may appoint a guardian ad litem to protest the interest of the child and the hearing officer must also ensure that the parents’ rights are preserved.

7. A written or electronic, word-for-word record of the hearing must be kept and made available to you and the school district.

8. After both you and the school district have presented your cases and the hearing has ended, the hearing officer must write a decision. A copy of the decision must be mailed to you and the Board of Education within 45 calendar days of the date that the Board of Education received your initial request for a hearing.

The hearing officer’s decision will be based only on what occurred at the hearing and will explain the reasons and the basis for the decision. The decision will also inform you and the Board of Education of the right to appeal the decision.

If either you or the Board of Education is dissatisfied with the decision of the impartial hearing officer, you have the right to appear to a State Review Officer of the State Education Department. If you decide to do this, it is not necessary to hire a lawyer. However, in order to bring an appeal to a Review Officer, you must carefully follow certain procedures. Please write for a copy of these procedures to:

New York State Education Department Office of the Professions Education Building Albany, New York 12234

The written decision of the State Review Officer will be mailed to you and to the Board of Education. The decision is final. However, either party may seek judicial review by following Article 78 Civil Practice Law and Rules or USC Section 1415.

Please feel free to contact the District Representative of the Committee on Special Education if you have any questions or concerns.