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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: August 6, 2012
August 15, 2012
September 28, 2012
Actual Record Closed Date: September 28, 2012
Hearing Officer: Esther Mora, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON AUGUST 6, 2012
Advocate (via telephone) — Parents
Advocate (via telephone) — Parents
Medicaid Service Coordinator (via telephone) — Parents
Medicaid Service Coordinator (via telephone) — Parents
Dr. Region District Representative (via telephone) — DOE
NAMES AND TITLES OF PERSONS WHO APPEARED ON AUGUST 15, 2012
Attorney — Parents
NAMES AND TITLES OF PERSONS WHO APPEARED ON SEPTEMBER 28, 2012
Advocate — Parents
Parents
Parents
CSE Representative — DOE
The parent’s impartial hearing request pursuant to the Individuals with Disabilities Education Act was received on August 5, 2011. A prehearing conference was held on August 6, 2012 and a hearing was held before me on August 15 and September 28, 2012.
SCHOOL DISTRICT
The school district developed an Individualized Education Program (IEP) on June 22, 2012. A final notice of recommendation was issued on September 20, 2012. The school district offered to place the student at .
PARENT
The parents oppose the recommended placement. However, the student will attend the recommended placement until an alternative placement is available. The student requires transportation.
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 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 free appropriate public education (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. The student is to attend .
2. The school district is to provide transportation to and from school forthwith.
3. The parents retain the right to request a new hearing. If the parents request 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: October 1, 2012
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.
DOCUMENTATION ENTERED INTO THE RECORD
1 IEP, 6/22/12, 14 pages
2 Final Notice of Recommendation, 9/20/12, 1 page