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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: October 29, 2013
Actual Record Closed Date: November 13, 2013
Hearing Officer: Roslyn Roth, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED
OCTOBER 29, 2013
For the Student:
Advocate
For the Department of Education:
CSE Chairperson Designee
PROCEDURAL BACKGROUND
This hearing was held pursuant to New York Education Law § 4404(1), 20 U.S.C. §1415(f), the Individuals with Disabilities Act (“IDEA”). In accordance with the parent’s request for a hearing dated September 23, 2013, I was appointed by the Department of Education, (hereinafter referred to as “DOE”), to hear this matter. On October 8, 2013 a pendency hearing was conducted, wherein the Parent submitted evidence and documents to support her claim that the student was recommended to attend the Eden II school and that the CSE recommended certain related services which were provided pursuant to related service authorizations, “RSAs” and a P-4 letter at the enhanced rate, authorizing the provision of special education teacher support services, “SETSS”. On October 29, 2013 a hearing was conducted. At the hearing, the Parties agreed that the IEP for the 2013-2014 school year recommends the following services:
Placement at the ; and SETSS services six times a week for 60 minutes each session at the enhanced rate of $95 per hour; and Counseling two times per week for 30 minutes each session; and Occupational therapy five times per week for 30 minutes each session; Physical therapy two times per week for 30 minutes each session; and Speech and language therapy eight times per week individually for 30 minutes each session and one time in a group no larger than two for 30 minutes each session.
The Parties agreed that the some of the recommended services have been provided to the student pursuant to RSAs and that the SETSS services have been provided pursuant to a P-4 authorization letter at the enhanced rate of $95.00 per hour. Accordingly, I find the student is entitled to the services recommended pursuant to his IEP and which have been provided through both his school and issuance of RSAs and a P-4 authorization.
ORDER:
Within 24 hours of receipt of this decision, the DOE shall provide SETSS services through the issuance of a P-4 letter at the enhanced rate of $95.00 for the student to receive 6 hours per week of SETSS for the period beginning September 9, 2013;
The DOE shall issue RSAs effective September 9, 2013 for the following related services: three times per week for 30 minutes each session; once a week for 60 minutes; and therapy four times per week individually for 30 minutes each session.
ROSLYN ROTH, ESQ.
Impartial Hearing Officer
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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
A Impartial Hearing Request dated 9/23/13, 8 pages
B IEP dated 2/21/13, 12 pages
C Final Notice of Recommendation dated, 2/21/13, 1 page
D RSA Form dated 7/1/13, 1 page
E RSA Form dated 7/1/13, 1 page
F RSA Form, dated 7/1/13, 1 page
G RSA Form dated 6/20/13, 1 page
H SETSS Form dated 7/1/13, 1 page
I RSA Form dated 3/4/13, 2 pages
J RSA Form dated 3/13/13, 2 pages
K RSA Form, dated 6/6/13, 3 pages