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Special Education Law
DECISIONSEL No. 2013-ih-45

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: January 16, 2013

April 24, 2013

May 2, 2013

May 8, 2013

Actual Record Closed Date: July 7, 2013

Hearing Officer: Martin Schiff, Esq.

NAMES AND TITLES OF PERSONS WHO APPEARED ONJANUARY 16, 2013

For the Student:

Advocate

For the Department of Education:

CSE Representative

NAMES AND TITLES OF PERSONS WHO APPEARED ON APRIL 24, 2013

For the Student:

Advocate

For the Department of Education:

CSE Representative

NAMES AND TITLES OF PERSONS WHO APPEARED ON APRIL 24, 2013

For the Student:

Advocate

Parent

Advocate (Via Telephone)

Associate Director, (Via Telephone)

For the Department of Education:

CSE Chairperson Designee

Assistant Principal (Via Telephone)

Special Ed Teacher (Via Telephone)

NAMES AND TITLES OF PERSONS WHO APPEARED ON APRIL 8, 2013

For the Student:

Parent's Representative (Via Telephone)

For the Department of Education:

CSE Chairperson Designee

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 RECORD