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: December 22, 2011
Actual Record Closed Date: December 22, 2011
Hearing Officer: Esther Mora, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED DECEMBER 22, 2011
Attorney — Parents
Parents
Attorney — DOE
The parent’s impartial hearing request pursuant to the Individuals with Disabilities Education Act was received on November 9, 2011. A hearing was held before me on December 22, 2011. School District The school district’s attorney appeared on behalf of the school district. Parent
The parent’s attorney and the parent appeared on behalf of the parent.
FINDINGS
As was recently reiterated in Appeal No. 11-120, 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 free appropriate public education (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 Forest Grove v. T.A., 129 S. Ct. 2484, 2491 [2009]; Bd. of Educ. v. Rowley, 458 U.S. 176, 206-07 [1982]).
In the instant case, I find that it is possible that the parties will be able to resolve this matter, thereby ensuring that the student receives a FAPE. I also find that it would be prejudicial to the student, and inconsistent with the goals of the IDEA, if the parties were not afforded the opportunity to resolve their differences on their own. Neither the student nor the school district would benefit from a lengthy, costly, and possibly unnecessary impartial hearing. However, this proceeding cannot be delayed for the purposes of exploring settlement possibilities because of the strict timelines set forth in the IDEA.
ORDER
1. This matter is remanded to the school district;
2. The school district is to expedite settlement so that this matter may be resolved by the parties without further delay to preclude deprivation of appropriate services to the student.
3. If the parties are unable to resolve this matter, by no later than January 20, 2011 the parent may request reinstatement of this hearing, which shall be heard on January 31, 2011 at 10:30 am. Or the parent may submit a new request for an impartial hearing. If the parent requests a new hearing the school district is to waive resolution, and any objections as to timeliness, to enable the hearing to proceed without further delay. Dated: December 28, 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.