NYSED redacts decisions, and its source files vary in quality. Gaps and text errors are original to the NYSED documents.
FINDINGS OF FACT AND DECISION
Case Number:
Student’s Name:
Date of Birth:
District: 22
Hearing Requested By: Parent
Date of Hearing: August 5, 2011
August 30, 2011
Actual Record Closed Date: September 9, 2011
Hearing Officer: Edgar De Leon, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED
Name Title For Date Dir. - Student Ser., CFN 605 DOE 08/05/11 Attorney PARENT 08/05/11 Paralegal PARENT 08/30/11
Upon the application of, of the Law Offices of, attorney(s) for the child, for an Order, presented to the undersigned on the 30th day of August, 2011, together with the documents in evidence and all of the prior papers, pleadings and proceedings heretofore received in this action, and on motion of, with proof of service thereof, and it appearing there from that the New York City Department of Education - District (22) has failed to appear for a hearing on the merits as scheduled on August 30, 2011, or plead concerning said application for an Order on or before August 30, 2011, as required under law; and because a “Nickerson letter” is a letter from the Department of Education (DOE) to a parent authorizing the parent to place the child in an appropriate education program in any state-approved private school, at no cost to the parent (see Jose P. v. Ambach, No. 79 Civ. 270 [E.D.N.Y. Jan. 5, 1982], 553 IDELR 298); and because the remedy of a Nickerson letter is intended to address the situation in which a child has not been evaluated or placed in a timely manner as in this case (T-4-7) (see SRO Nos. 06-088, 02-075 & 00-092); and also because the remedy is also available when a student has completed all necessary evaluations but a final notice of recommendation is not sent/given to the parents by the student’s eligibility date, and there again, the parent must be sent/given a Nickerson Letter entitling the student to be placed in an appropriate non-public school at public expense (see Jose P., et al. v. Thomas Sobol, et al., 1995 WL 591304 (EDNY) - Stipulation);
NOW, therefore, it is hereby
ORDERED ON DEFAULT that the Doe shall issue a “Nickerson Letter” to the Parents of the student for the 2011-2012 school year. Dated: September 9, 2011
EDGAR DE LEON, ESQ.
Impartial Hearing Officer
EDL: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 RECORD
Number/Letter Title Dated For # of Pages
N/A N/A N/A DOE N/A
A Due Process Complaint 05/13/11 PARENT 02
B Psychological Update 07/18/11 PARENT 05
C IEP 08/04/11 PARENT 15