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FINDINGS OF FACT AND DECISION
Case Number: 130907
Student’s Name:
Date of Birth:
District: 17
Hearing Requested By: Parent
Date of Hearing: January 3, 2011
Hearing Officer: Esther Mora, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED
Parent
Parent
- District Representative, D.75
Department of Education
Department of Education
, of Department of Education
The parent’s impartial hearing request pursuant to the Individuals with Disabilities Education Act was received on November 15, 2010. A hearing was held before me on January 3, 2011.
School District
The school district designee, the of the student’s school and the director of the of appeared on behalf of the school district.
Parent
The parent’s attorney and the parent appeared on behalf of the parent. The parent seeks a , evaluations and an Individualized Education Program (IEP) review.
FINDINGS
As was recently reiterated in Appeal No. 10-096, an appropriate educational program begins with an IEP that accurately reflects the results of evaluations to identify the student's needs (34 C.F.R. § 300.320[a][1]; 8 NYCRR 200.4[d][2][i]; Tarlowe v. Dep't of Educ., 2008 WL 2736027, at 6 [S.D.N.Y. July 3, 2008]), establishes annual goals related to those needs (34 C.F.R. § 300.320[a][2]; 8 NYCRR 200.4[d][2][iii]), and provides for the use of appropriate special education services (34 C.F.R. § 300.320[a][4]; 8 NYCRR 200.4[d][2][v]; see Application of the Dep't of Educ., Appeal No. 07-018; Application of a Child with a Disability, Appeal No. 06-059; Application of the Dep't of Educ., Appeal No. 06-029; Application of a Child with a Disability, Appeal No. 04-046; Application of a Child with a Disability, Appeal No. 02-014; Application of a Child with a Disability, Appeal No. 01-095; Application of a Child Suspected of Having a Disability, Appeal No. 93-9). Subsequent to its development, an IEP must be properly implemented (8 NYCRR 200.4[e][7]; Application of a Child with a Disability, Appeal No. 08-087).
In the instant case I find that the current program does not appear to meet the student’s needs and that a full reevaluation is required. In the interim, the student must receive the services of a to enable him to benefit from his current educational program.
ORDER
1. This matter is remanded to the school district.
2. Buy no later than one week from the date of this decision the school district is to assign a to the student.
3. By no later than January 15, 2010, two months from the date of the request for an impartial hearing, the school district is to complete the reevaluation of the student.
4. The evaluations are to include:
A.
B.
C.
D. Social History
E.
F.
G. Assessment
H. Reports
I. Any other evaluations deemed necessary by the school district.
5. Upon completion of the evaluations the school district is to immediately convene an IEP review meeting.
6. If the parties are unable to resolve this matter the parent reserves the right to request reinstatement of this hearing, which shall be heard on February 14, 2010 at 10:30 am. Or the parent may submit a new request for an impartial hearing. If the parent exercises this right, the school district is to waive resolution, and any objections as to timeliness, to enable the hearing to proceed without further delay.
Dated: January 4, 2011
ESTHER MORA, ESQ.
Impartial Hearing Officer
EM:gc
PLEASE TAKE NOTICE
Within 35 days of the date of this decision, the parent and/or the New York City Department of Education has a right to appeal the decision to the State Review Officer of the New York State Education Department under Section 4404 of the Education Law and the Individuals with Disabilities Education Act.
“The notice of intention to seek review shall be served upon the school district not less than 10 days before service of a copy of the petition for review upon such school district, and within 25 days from the date of the decision sought to be reviewed. The petition for review shall be served upon the school district within 35 days from the date of the decision sought to be reviewed. If the decision has been served by mail upon petitioner, the date of mailing and the four days subsequent thereto shall be excluded in computing the 25- or 35-day period.” (8NYCRR279.2[b]) Failure to file the notice of intention to seek review is a waiver of the right to appeal this decision.
Directions and sample forms for filing an appeal are included with this decision. Directions and forms can also be found in the Office of State Review website: www.sro.nysed.gov/appeals.htm.
DOCUMENTATION ENTERED INTO THE RECORD
PARENT EXHIBITS
1. IEP, 4/9/10, 18 pages
2. Letter, 10/7/10, 2 pages
3. Letter, 10/26/10, 1 page
4. Letter, 12/2/10, 1 page
5. Psycho Ed, 3/15/10, 4 pages