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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 procedures if the IHO is recused from the case (see Appointing an IHO).

Entering an IHO Recusal

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs an IHO recusal entered.

Step 2: Scroll down to Hearing Officer Appointments. Click the Appt Id link.

Step 3: Click New under Hearing Officer Recusal Data.

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

Step 5: Click Save.

Step 6: Click the Case Identifier link at the top of the screen to return to Case 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 the Appt 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 and immediately select and appoint another IHO in accordance with the rotational selection and appointment procedures (see Appointing an IHO).

Entering an IHO Rescission

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs an IHO rescission entered.

Step 2: Scroll down to Hearing Officer Appointments. Click the Appt Id link.

Step 3: Use the calendar function to complete the Rescinded Date field.

Step 4: Use the dropdown arrow to complete the Rescinded Reason field.

Step 5: Click Save.

Step 6: Click the Case Identifier link at the top of the screen to return to Case 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 the Appt Id link.