NYSED redacts decisions, and its source files vary in quality. Gaps and text errors are original to the NYSED documents.
STATEMENT OF AGREEMENT AND ORDER
Case Number:
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: July 29, 2013
August 22, 2013
Actual Record Closed Date: August 21, 2013
Hearing Officer: Judith Kramer, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON JULY 29, 2013
Mother (Via Telephone) — Student
(Via Telephone) — DOE
NAMES AND TITLES OF PERSONS WHO APPEARED ON AUGUST 22, 2013
Parents
INTRODUCTION
On August 21, 2013, an impartial hearing was commenced pursuant to the Individuals With 20 U.S.C. 1415 regarding the alleged the failure of the Department of Education (DOE) to provide a free and ) to (“the student“) for the 2013-2014 school year. The hearing was held at the Impartial Hearing Office of the Board of Education of the City of New York located at 131 Livingston Street, Brooklyn, New York. The hearing commenced at 9:00 a.m.
BACKGROUND
Under the Individuals with Disabilities Education Act (IDEA) and State regulations, a child with a disability is entitled to a 20 U.S.C. § 1400(d)(1)(A), 8 NYCRR Section 200.[4] (c)(4). FAPE consists of a program that enables a child “to receive ‘meaningful educational benefits’.” R.E. v. N.Y. City Dep’t of Educ., 2011 WL 924895, No. 10 Civ. 3176, at *9 (S.D.N.Y. Mar. 15, 2011) (emphasis added) In an effort to provide the student with a FAPE, the DOE and the parent have agreed that the student is entitled to received various related services during the 2013-1014 school year.
ORDER
It is hereby ordered on consent of both parties that:
1. The mother will provide the DOE with a for the student by September 4, 2013;
2. The DOE representative shall meet with the Assistant Principal and a team of teachers at on September 4, 2013 to discuss the student and create for him. The team with call or e-mail the mother within a week after the meeting to provide her with a summary of what occurred at the meeting;
3. The DOE will request an for the student by September 20, 2013;
5. The DOE will provide the mother with a hours of for the student at an of the mother’s choice. The DOE will provide the mother with a list of
6. The team will meet with the mother on October 23, 2013 discuss to the Individualized Education Program (IEP), if any. Dated: September 9, 2013
_______________________
JUDITH KRAMER, ESQ.
Impartial Hearing Officer JK:mv
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.
Footnotes
[4] The DOE will provide the student with once a week;