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Special Education Law
DECISIONSEL No. 2011-ih-700

New York City Department of Education, Impartial Hearing Decision

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:

Hearing Requested By: Parent

Date of Hearing: July 27, 2011

September 14, 2011

October 31, 2011

Actual Record Closed Date:

Hearing Officer: Lana S. Flame, Esq.

NAMES AND TITLES OF PERSONS WHO APPEARED

JULY 27, 2011

For the Student:

Attorney

For the Department of Education:

District Representative, CSE

NAMES AND TITLES OF PERSONS WHO APPEARED

SEPTEMBER 4, 2011

For the Student:

Attorney

parent

, MA, BCBA, SETSS

For the Department of Education:

CSE Representative

Social Worker (Via Telephone)

NAMES AND TITLES OF PERSONS WHO APPEARED

OCTOBER 31, 2011

For the Student:

Attorney

parent

Supervisor, (Via telephone)

For the Department of Education:

CSE- Representative

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 DESCRIPTION

A Hearing Request, 6/30/11, 3 pages

B Findings of Fact and Decision, 9/1/10, 9 pages

C CSE Meeting Notes, dated 5/18/11, 1 page

D FNR & Fax Confirmation, dated 4/28/11, 2 pages

E Academic Performance and Learning Characteristics, undated,

7 pages

DEPARTMENT OF EDUCATION

2 Due Process Response, dated 7/8/11, 5 pages

4 IEP, dated 4/28/11, 25 pages 14 16

5 Annual Review Notice, dated 2/7/11, 14 16 1 page

6 FNR, dated 4/28/11, 1 page

7 CSE Minutes, dated 4/28/11, 2 pages

8 CSE Meeting Notice, dated 3/14/11, 1 page

9 Eval, dated 3/15/11, 1 page

10 Report, dated 3/16/11, 4 pages

11 Related Service Student Progress Report dated 3/16/11, 2 pages

12 Educational Progress Report, dated 3/8/11, 5 pages

13 Teacher Progress Report, dated 12/2010, 3 pages

14 Progress Report, dated 12/3/10, 1 page