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FINDINGS OF FACT AND DECISION
Case Number:
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: April 11, 2011
Hearing Officer:
Case No.:
NAMES AND TITLES OF PERSONS WHO APPEARED
APRIL 11, 2011
For the Student:
parent
parent
For the Department of Education:
, CSE
Case No.:
The parent’s impartial hearing request pursuant to the Individuals with Disabilities Education Act (IDEA) was received on March 1, 2011. A hearing was held before me on April 11, 2011.
School District
The CSE designee appeared on behalf of the school district. Parent
The parents appeared on their own behalf
FINDINGS
As was recently reiterated in Appeal No. 09-060, two purposes of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) are (1) to ensure that students with disabilities have available to them a FAPE that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; and (2) to ensure that the rights of students with disabilities and parents of such students are protected (20 U.S.C. § 1400[d][1][A]-[B]; see generally Bd. of Educ. v. Rowley, 458 U.S. 176, 206-07 [1982]).
In the instant case I find that despite diligent efforts the parents have been unable to obtain a from the school district’s list of providers. The parents have obtained a who is providing appropriate services to the student at a rate of $ per hour.
ORDER
1. This matter is remanded to the school district.
2. Upon submission of proof of payment by the parents, the school district is to pay for the to provide the services as set forth in the IEP at a rate not to exceed $ per hour.
April 11, 2011
Impartial Hearing Officer
Case No.:
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.
Case No.:
DOCUMENTATION ENTERED INTO THE RECORD APRIL 11, 2011
PARENT
A IEP, 1/4/ 11, 12 pp.
B FNR, 1/4/11, 1 p.
C P-4 Form, 1/4/11, 1 p.
D Letter, Undated, 4 pp.
E Due Process Complaint, 3/1/11, 3 pp.
F Resume, Undated, 4 pp.