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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: April 11, 2014
Actual Record Closed Date: April 17, 2014
Hearing Officer: Dora M. Lassinger, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON APRIL 17, 2014
District Representative — DOE
the mother filed a request for an impartial hearing on February 5, 2014 for the — DOE
purpose of seeking reimbursement for car service transportation which she secured for her — DOE
daughter. (DOE Ex. 3). I was designated to hear this matter on April 2, 2014, after the — DOE
prior hearing officer recused. An impartial hearing was held before me on April 11, — DOE
2014. — DOE
EVIDENCE AT HEARING
year old young woman with a classification She attends in a Program, with a staffing ratio of at the , all on a twelve month basis. (DOE Ex. 2; Par. Ex. A).
has a history of described in the decision of IHO Brad Rosken, dated April 4, 2013. (DOE Ex. 1).
, the District Representative, testified that the Department of Education (“DOE”) has made various efforts to transport to her school program including changing her bus route, changing the mode of transportation to minibus, and using a special education transportation paraprofessional. In addition, the DOE has to the home to try to bring however none of these efforts have been successful. Therefore, the DOE is unable to meets its obligation to provide suitable during the current school year. (Tr. pp. 6-7). ’s IEP reflects that the family arranges for , and receives reimbursement. (DOE Ex. 1, p. 13).
Ms. . testified attends school on a twelve month basis. (Tr. pp. 10-11). She testified that the cost to transport her to and from school via car service is $38.00 per day (Tr. p. 9). She is requesting reimbursement, upon presentation of proof of payment thereof. (Tr. pp. 9-10). This is the same rate which was approved in the prior decision of IHO Rosken. (DOE Ex. 1).
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
NYS Education Law § 4402(4) requires school districts to provide suitable transportation to and from special classes or programs.
In these proceedings, the DOE conceded that it was unable to to school. IEP reflects that transportation is privately arranged by the parents, with reimbursement provided. Therefore, the parent is entitled to be reimbursed for her transportation expenses. See Application of a Child with a Disability, Appeal No. 09-66.
ORDER
Therefore, it is hereby ordered that the DOE shall reimburse the parent for her expenses in transporting Janice to and from school during the entire 2013-2014 school year (including the summer months), at a cost of up to $38.00 per day, upon presentation of proof of payment thereof. Dated: April 21, 2014
Dora M. Lassinger, Esq. gc
DORA M. LASSINGER, ESQ.
Impartial Hearing Officer DM:gc
PLLEASE 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
PARENT
A Letter, dated 4/10/14 (1 page) B Attendance Report, dated 4/18/14(1 page)
DEPARTMENT OF EDUCATION
1 Findings of Fact and Decision, dated 4/4/13 (8 pages) 2 IEP, dated 3/11/14 (15 pages) 3 Impartial Hearing Request, dated 2/5/14 (2 pages)