Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENTChapter IV - Appeals And Other Proceedings Before the Commissioner
Part 279 - Practice On Review Of Hearings For Students With Disabilities
Section 279.2 - Notice of intention to seek review and notice of intention to cross-appeal

N.Y. Comp. Codes R. & Regs. tit. 8 § 279.2

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Current through Register Vol. 46, No. 50, December 11, 2024
Section 279.2 - Notice of intention to seek review and notice of intention to cross-appeal
(a) A party, as described in subdivision (c) of this section, who intends to seek review by a State Review Officer of the decision of an impartial hearing officer shall personally serve upon the opposing party, in the manner prescribed for the service of a request for review pursuant to section 279.4 of this Part, a notice of intention to seek review in the following form:

Notice:

The undersigned intends to seek review of the determination of the impartial hearing officer concerning the identification, evaluation, educational placement, provision of a free appropriate public education, or manifestation determination of (name of student with a disability). The school district is required to prepare and submit a certified copy of the hearing record to the Office of State Review in accordance with section 279.9 of the Regulations of the Commissioner of Education. If you wish to seek review of this determination as well, you must send to the party listed below a notice of intention to cross-appeal in accordance with Part 279 of the Regulations of the Commissioner of Education, within 30 days after the date of the decision of the impartial hearing officer. You may find this form on the website of the Office of State Review ( www.sro.nysed.gov).

(b) The notice of intention to seek review shall be served upon the opposing party no later than 25 days after the date of the decision of the impartial hearing officer sought to be reviewed.
(c) The party initially requesting the review shall be denominated as petitioner, and any adverse party as respondent.
(d) A respondent who wishes to cross-appeal to seek review by a State Review Officer of the decision of an impartial hearing officer shall personally serve upon the opposing party, in the manner prescribed for the service of a request for review pursuant to section 279.4 of this Part, a notice of intention to cross-appeal within 30 days after the decision of the impartial hearing officer. The notice of intention to cross-appeal shall be in the following form:

Notice:

The undersigned intends to seek review of the determination of the impartial hearing officer concerning the identification, evaluation, educational placement, provision of a free appropriate public education, or manifestation determination of (name of student with a disability).

(e) Every notice of intention to seek review or notice of intention to cross-appeal shall be accompanied by a case information statement, which shall identify those issues the party wishes to be reviewed by a State Review Officer, and may be made on a form prescribed by the Office of State Review. Matters appearing in the case information statement shall not preclude the parties from raising additional issues in their pleadings for review.
(f) A State Review Officer may, in his or her discretion and pursuant to this Part, review the determination of an impartial hearing officer notwithstanding a party's failure to timely serve a notice of intention to seek review.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 279.2

Amended New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 1/1/2017