Viva88

Each school district must appoint from a current rotational list of certified and active IHOs in Viva88(except New York City which maintains its own IHO rotational list). An IHO may be eligible to serve in more than one county.

The district-specific rotational list in the IHRS is designed to help districts meet this regulatory requirement.ÌýYou cannot access a list of IHOs serving another school district.

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 throughout the year. Instead, logging in to the IHRS for each new case is recommended.

Accessing the IHO Rotational List

ClickÌýIHO Rotational ListÌýon the IHRS home screen. A list of IHOs opens. Names are listed in alphabetical order. The name of the most recently appointed IHO appears at the bottom of the list. The next IHO available for appointment is at theÌýtopÌýof the list. The district must contact IHOs in the order displayed on this list except when a case is being potentially consolidated or refiled (see Appointing an IHO Out of Rotation).

Note:ÌýIf a list of IHOs does not appear after clicking IHO Rotational List on the IHRS home screen, this may mean your district's initial marker has not been set.

The IHO Rotational List is updated automatically when:

• You appoint an IHO;
• A new IHO is added to your county; or
• An existing IHO is activated/reactivated in your county.

Setting the District Initial Marker

The school district sets its rotational marker one time only.ÌýThe marker sets the starting point in your district's 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.

Follow the steps below to set the District Rotational Marker if this is the first time the district is entering an impartial hearing case:

Step 1:Ìý°ä±ô¾±³¦°ìÌýDistrict Initial MarkerÌýon the IHRS home screen.ÌýA list of IHOs opens. An N under the Marker column by each IHO's name indicates your district's rotational list marker has not been set. Please contact theÌýthe Special Education Due Process Unit atÌýspecedih@nysed.govÌýor (518) 473-0170 if you do not see a list of IHOs after clicking on District Initial Marker.

Step 2: Click the last IHO Identifier number on the list.

Step 3:ÌýGo to the Marker field. Click the arrow and select Y from the dropdown list.

Step 4:ÌýClick Save.

You 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 1Ìýis not available. You leave a message forÌýIHO 1Ìýto return your call regarding appointment. The IHO has 24 hours to respond.
2. IHO 2Ìýdeclines appointment.
3. IHO 3Ìýis available and accepts appointment. You notifyÌýIHO 3Ìýthat you are waiting for a response from another IHO on your district's rotational list and will contact them with the result.

• ±õ´ÚÌýIHO 1Ìýcalls and declines the appointment or does not respond with 24 hours, you contactÌýIHO 3Ìýto arrange the appointment. You cannot go back toÌýIHO 2Ìýfor appointment to any impartial hearing requests your district receives after this request; in this case, afterÌýIHO 3Ìýis appointed. The names of IHO 1,ÌýIHO 2,ÌýandÌýIHO 3Ìýmove to the bottom of the rotational list.
• ±õ´ÚÌýIHO 1Ìýcalls within 24 hours and accepts the appointment, you arrange the appointment. After being appointed, the name ofÌýIHO 1Ìýmoves to the bottom of the rotational list. You notifyÌýIHO 3Ìýthat a previous IHO has accepted appointment.ÌýIHO 2Ìý²¹²Ô»åÌýIHO 3Ìýremain next on the list for appointments to future impartial hearings.

Accessing IHO Contact Information

Step 1:Ìý°ä±ô¾±³¦°ìÌýIHO Rotational ListÌýon the IHRS home screen.

Step 2:ÌýClick theÌýIho IdÌýnumber to access the specific IHO's contact information.ÌýContact the IHO at theÌýtopÌýof the rotational list first, then proceed down the list in order.

Step 3:ÌýYou may record or print out the contact information to refer to when contacting the IHO. Some IHOs maintain two addresses. Use theÌýPRIMARYÌýaddress first to contact the IHO.

Do not use any address that has a Y in theÌýInactive?Ìýfield. The YÌýindicates the address is inactive. IHOs who have served, but have become inactive (e.g., removed themselves, deceased, etc.), remain on the list as "inactive" in case the district needs to access information regarding past cases for data analysis purposes.

ÌýRecord the following information to document IHO contacts:

• Contact Date and Time;
• Contact Method (i.e., Home Phone, Work Phone, Email);
• Result Date and Time; and
• Contact Result (i.e., accepted, declined, no response).

This information may later be recorded on theÌýHearing Officer Contact Data screen of the new case you have opened. You are not required to use the IHRS to maintain contact documentation. However, it is helpful in keeping an accurate case record in the event any questions arise.

Step 4:ÌýClick theÌýMenuÌýtab in the blue navigation bar located at either the top or bottom of the screen to return to the IHRS home page.

Entering IHO Contact Information

Step 1:ÌýClick Case MaintenanceÌýon the IHRS home screen. Open the case that needs IHO contact information entered.ÌýEntering the Case Identifier number is the most efficient way to locate the correct case.

Step 2: Click NewÌýunder Hearing Officer Contact Data.

Step 3:ÌýClick List next to theÌýIHO IdentifierÌýfield. Click theÌýIho Id number of the IHO you want to select.

Step 4:ÌýEnter information in the appropriate fields.ÌýThe Contact Time and Result Time fields must be completed using the military time format (e.g., 14:30 instead of 2:30 p.m.; 08:30 instead of 8:30 a.m.).

You may need to wait for a response before entering information into the Result Time, Result Date, and Contact Results fields.ÌýIf the IHO declines appointment for a reason not listed, enter the reason for declination in theÌýDeclined Other ReasonÌýfield.

Step 5: ClickÌýSave.

Step 6:ÌýClick the Case Identifier link at the top of the screen to return to Case Maintenance. The IHO contact data you entered appears under Hearing Officer Contact Data. The information is listed in order by the IHO Identifier numbers.

Entering IHO Contact Results

If you need to leave a message for the IHO, follow the steps below to enter the date and contact results after the IHO responds:

Step 1:ÌýClickÌýCase MaintenanceÌýon the IHRS home screen. Open the case that needsÌýIHO contact results entered.

Step 2:ÌýScroll down toÌýHearing Officer Contact Data.ÌýClick theÌýContact DateÌýlink next to the name of the IHO whose date and contact results need to be entered.

Step 3:ÌýEnter information in the Result Time, Result Date, and Contact Result fields.

Step 4:ÌýClickÌýSave.

Step 5:ÌýClick theÌýCase IdentifierÌýlink at the top of the screen to return toÌýCase Maintenance.ÌýThe IHO contact results data you entered appears under Hearing Officer Contact Data.

You must complete the contact and contact result information for all contacted IHOs, using the IHRS or the school district's own mechanism, before recording the appointment of an IHO.ÌýAn IHO must accept within 24 hours to be appointed.

The board of education (BOE) must immediately appoint the IHO who was selected from the rotational listÌý(see School District Responsibilities – Board of Education Designee).

Entering an IHO Appointment

Step 1:ÌýClickÌýCase MaintenanceÌýon the IHRS home screen. Open the case that needs an IHO appointment entered.

Step 2:Ìý°ä±ô¾±³¦°ìÌýNewÌýunder Hearing Officer Appointments.

Step 3:Ìý°ä±ô¾±³¦°ìÌýListÌýnext to theÌýIHO IdentifierÌýfield. Click theÌýIho IdÌýnumber of the IHO the BOE approved for appointment.

Step 4:ÌýUse the calendar function to complete the BOE Appointment Date field.

Step 5: ClickÌýSave.

Step 6:ÌýClick theÌýCase IdentifierÌýlink at the top of the screen to return toÌýCase Maintenance.ÌýThe IHO appointment data you entered appears under Hearing Officer Appointments.

Recusing an IHO Appointment

The IHO may recuse themself from a case for reasons of availability or conflict of interest such as a personal bias or prejudice, a familiar relationship concerning a party or witness, or personal knowledge of disputed evidentiary facts concerning the proceeding.

Either party to the hearing may request that the IHO recuse themself if it is believed there is a potential conflict of interest or concern regarding the impartiality of the IHO who has been appointed. The IHO must hear the argument and decide whether the party's reason for requesting recusal is valid. If the IHO is not willing to recuse themself, 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.

The school district must immediately select and appoint another IHO in accordance with the rotational selection and appointment proceduresÌýifÌýthe IHO is recused from the case (see Appointing an IHO).

Entering an IHO Recusal

Step 1:ÌýClickÌýCase MaintenanceÌýon the IHRS home screen. Open the case that needs an IHO recusal entered.

Step 2:ÌýScroll down toÌýHearing Officer Appointments.ÌýClick theÌýAppt IdÌýlink.

Step 3:ÌýClickÌýNewÌýunder Hearing Officer Recusal Data.

Step 4:ÌýEnter information in the appropriate fields. Enter the reason provided by the IHO for the recusal request in the Recusal Reason field.

Step 5:Ìý°ä±ô¾±³¦°ìÌýSave.

Step 6:ÌýClick theÌýCase IdentifierÌýlink at the top of the screen to return toÌýCase Maintenance. A Y in the Recusal Indicator column under Hearing Officer Appointments indicates the IHO was recused from the case. The recusal data you entered may be accessed by clicking theÌýAppt Id link.

Rescinding an IHO Appointment

If, by mutual agreement of the parties, the IHO is deemed incapacitated or otherwise unavailable or unwilling to continue the hearing or issue the decision, the BOE must rescind the appointment of the IHO andÌýimmediately select and appoint another IHO in accordance with the rotational selection and appointment procedures (see Appointing an IHO).

Entering an IHO Rescission

Step 1:ÌýClickÌýCase MaintenanceÌýon the IHRS home screen. Open the case that needs an IHO rescission entered.

Step 2:ÌýScroll down toÌýHearing Officer Appointments.ÌýClick theÌýAppt IdÌýlink.

Step 3:ÌýUse the calendar function to complete the Rescinded Date field.

Step 4:ÌýUse the dropdown arrow to complete the Rescinded Reason field.

Step 5:Ìý°ä±ô¾±³¦°ìÌýSave.

Step 6:ÌýClick theÌýCase IdentifierÌýlink at the top of the screen to return toÌýCase Maintenance. The date in the Rescinded Date column under Hearing Officer Appointments indicates the IHO's appointment to the case was rescinded. The rescission data you entered may be accessed by clicking theÌýAppt IdÌýlink.