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FINDINGS OF FACT AND DECISION
Case Number:
Student’s Name:
Date of Birth:
District: 24
Hearing Requested By: Parent
Date of Hearing: March 29, 2011
April 8, 2011
May 4, 2011
June 23, 2011
Hearing Officer: James McKeever, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED
MARCH 29, 2011
For the Student:
parent
For the Department of Education:
Attorney
NAMES AND TITLES OF PERSONS WHO APPEARED
APRIL 8, 2011
For the Student:
parent
For the Department of Education:
Attorney
NAMES AND TITLES OF PERSONS WHO APPEARED
MAY 4, 2011
For the Student:
parent
For the Department of Education:
Attorney
NAMES AND TITLES OF PERSONS WHO APPEARED
JUNE 23, 2011
For the Student:
parent
For the Department of Education:
Attorney
On the above listed dates, the parties appeared for an Impartial Hearing regarding the parent’s request for placement of her son, , in a non-public, state approved school for the 2010-2011 school year and reimbursement for related services.
During the hearing the parties resolved all issues except the issue of reimbursement for “ training” that the student missed for approximately 26 school days during the subject school year.
A board of education may be required to pay for educational services obtained for a student by his or her parent, if the services offered by the board of education were inadequate or inappropriate, the services selected by the parent were appropriate, and equitable considerations support the parent's claim (Burlington School Comm. v. Dep't of Educ., 471 U.S. 359 [1985]). The failure of a parent to select a program known to be approved by the state in favor of an unapproved option is not itself a bar to reimbursement (Florence County School Dist. Four v. Carter, 510 U.S. 7 [1993]).
The Department of Education (“DOE”) conceded prong one of the Burlington/Carter analysis and stipulated that the student missed 26 school days of the training that he was mandated to receive as per his Individualized Education Plan, dated November 14, 2010. During the 26 school days that were missed, the student was to receive three, thirty-minute sessions of training per week. The DOE submits that the student is owed approximately 480 minutes of training for the subject time period. The parent contends that the student is owed 540 minutes during the subject time period, which is two additional 30 minute sessions than the DOE’s calculation. The DOE provided the parent with RSA’s for 540 minutes for the related services of and at an enhanced rate, which were the related services missed during the same time period as the training. As such, I find that 540 minutes of training is an appropriate amount for reimbursement.
Further, the parent presented a letter from , the Director of the Center for and , which indicates that this agency is willing to provide the subject services at a rate of $90.00 per hour. The parent testified that she contacted the agency and that they agreed to provide the training services. The DOE does not dispute that the services are appropriate. As such, I find that upon presentation of proof of payment, the parent is entitled to reimbursement for 540 minutes of training services from the Center for hearing and Communication at a rate of $90.00 per hour.
ORDERED
The Department of Education is directed to reimburse the parent, upon presentation of proof of payment, for 540 minutes of training services from the Center for and at a rate of $90.00 per hour.
Dated: July27, 2011
JAMES MCKEEVER, ESQ.
Impartial Hearing Officer
JM:jj
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
A Letter 5/23/11 1 p.
B RSA 5/26/11, 1 p.
C and Related Services Authorization, 5/26/11, 1 page
DOCUMENTS ENTERED INTO THE RECORD AS JOINT EXHIBITS
a IEP 11/8/10, 18 pp.