Board of Education Policy 5030: Appointment and Conditions of Service of Impartial Hearing Officers

Pursuant to applicable federal and state law and regulations, the Board of Education of the Niskayuna Central School District hereby adopts the following policies and procedures to govern the selection and compensation of Impartial Hearing Officers (IHOs) for special education related impartial hearings request pursuant to Education Law S 4404 (1), Part 200 of the Regulations of the Commissioner of Education and/or the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. Chapter 33):

1. Maintenance of Impartial Hearing Officer List – The Board of Education of the Niskayuna Central School District shall annually adopt a list of impartial hearing officers who are certified, pursuant to S200.1 (s)(2) .(ill of the Regulations of the Commissioner of Education, from which the district may select an impartial hearing officer in the event a demand for such a hearing is made.

2. Selection of IHO -The Clerk of the Board of Education shall establish and maintain a list of the names and resumes of all impartial hearing officers. Upon a demand for an impartial hearing pursuant to state apd federal laws and regulations, the Clerk of the Board shall select an impartial hearing:officer from the list of appointed hearing officers adopted by the Board. The Clerk of the Board shall ensure that service by hearing officers is on a rotational basis from the first available hearing officer on the list approved by the Board.

3. Conditions of Service – The Board of Education shall make payment for services by hearing officers in the following manner:

1. For all payments specifically required by state and federal laws and regulations.

2. Compensation of $40.00 $100.00 per hour up to a maximum of $300.00 per 7.5 hour day for pre-hearing, hearing and post-hearing activities.
3. For mileage reimbursed at the rate authorized by the Internal Revenue Code

and for actual travel expense incurred For.plllJX)ses of this policy, mileage may not exceed a total of 200 miles per day of hearing. unless approved by the Superintendent of Schools.

3. Reasonable meal expenses on the day of the hearing and mailing costs. No allowance shall be made for overnight lodging without the approval of the Superintendent of Schools.

Adopted: April 7, 1997
Amended: February 7, 200
Revised: January 7, 2002