Office of Special Education
Policy 01-11
Section 200.21 of the Regulations of the Commissioner requires that an impartial hearing officer shall be compensated in an amount not to exceed the applicable rate prescribed in a schedule of maximum rates approved by the Director of the Division of Budget. Effective October 1, 2001, the Division of Budget has approved a revised maximum compensation rate for impartial hearing officers at the rate of $100 per hour for pre-hearing, hearing, and post-hearing activities. There is no maximum per diem on the number of hours for compensation.
For all hearings for which a district contracts with an impartial hearing officer prior to October 1, 2001, the maximum compensation remains at the $40 per hour rate, not to exceed $300 per day for a 7.5-hour day.
If you have any questions regarding this matter, you may contact the Due Process Unit by phone at (518) 473-0170 or by email at specedih@nysed.gov.