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Potential Refile

Website Content Area: 
Special Education
Book Type: 
Guide
Paragraphs: 

If a party files a subsequent due process complaint notice within one year of a previously withdrawn due process complaint that is based on or includes the same or substantially similar claims, the district must appoint the same IHO who was appointed to the prior complaint unless the IHO is no longer available.聽The district must, in their procedures for IHO appointments, have a process to determine whether a due process complaint notice on the same student that involved the same or substantially similar claims was submitted and withdrawn within 12 months of the date the new due process complaint notice was submitted.

Note:聽A due process complaint notice involving tuition reimbursement for a different school year is not considered a potential refile. Therefore, the IHO appointment to the case is made in accordance with the rotational selection process.

Entering a Potential Refile

Step 1:聽Open a new case (see聽Opening a Case).

Step 2:聽Appoint the same IHO who was appointed to the previously withdrawn case (see聽Appointing an IHO). C濒颈肠办听List聽next to the聽Rotational Exception Reason?聽field. Click reason聽2, Potential Refile.

Step 3:聽Enter the number for the previously withdrawn case in the聽Reference Case for Rotational Exception聽field. This links the two cases.

Step 4: C濒颈肠办听Save.

Step 5:聽Click the聽Case Identifier聽link at the top of the screen to return to聽Case Maintenance.聽The Rotational Exception Reason? and Reference Case for Rotational Exception columns under Hearing Officer Appointments have been populated.

What happens next?

  1. The IHO is contacted and informed about the IHO automatic appointment and the case proceeds.
  2. If the IHO who has been appointed determines that聽the issues noted in the previously withdrawn due process complaint and the new due process complaint are not substantially similar, the district must appoint the next IHO in accordance with the rotational selection process.
  3. If the IHO who was previously appointed to the case that was withdrawn is no longer available to hear the refiled due process complaint, the district must appoint the next IHO in accordance with the rotational selection process.