Legal Opinion

Tyk v. New York State Education Department

New York Supreme Court

Decided November 24, 2003PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Lewis L. Douglass, J.

The New York State Department of Education maintains a system wherein parents who are unhappy with decisions about the placement of their handicapped children may ask that the *783dispute be resolved by an impartial hearing officer (IHO) who is assigned from a list on a rotation basis (Education Law § 4404).

The procedure for revoking an IHO’s authority is contained in 8 NYCRR 200.21 (b) and generally provides that the authority may be revoked by giving the IHO a written statement of the charges and an opportunity to submit a response. That process was…

2Cases cited11 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. Goldberg v. KellySupreme Court of the United States · 1970
  5. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961

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3Cited by1 opinion

  1. Matter of Tyk v. New York State Educ. Dept.New York Supreme Court, Kings County · 2003

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