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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: February 11, 2014
Actual Record Closed Date: February 28, 2014
Hearing Officer: Mary Noe, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON FEBRUARY 11, 2014
For the Student:
Mother
Family Friend
Home Attendant
Principal (Via Telephone)
For the Department of Education:
CSE Representative
I was assigned to this case on January 28, 2014. On January 29, I scheduled a hearing for February 11. represented the Department of Education. The parent represented herself.
The student's classification is multiply disabled. His date of birth is June 4, 2008. The date of the last Individualized Education Program (IEP) is August 8, 2013. The District conceded that they did not offer the student an appropriate program.
A board of education may be required to pay for educational services obtained for a child by the child's parents, if the services offered by the board of education were inadequate or inappropriate, the services selected by the parents were appropriate, and equitable considerations support the parents' claim (School Committee of the Town of Burlington v. Department of Education, Massachusetts, 471 U.S. 359 [1985]).
The parent requests tuition for the , a general education school. Ms. , the principal of testified that the school is for students who are in general education. She stated that she would accept a student with a disability if they are accompanied by a “para” or a special ed. teacher. (T. 84) Ms. testified that there are no related services in the school. (T. 38)
State regulations require that in special classes, students must be suitably grouped for instructional purposes with other students having similar individual needs (8 NYCRR 200.1[ww][3][ii], 200.6[a][3], [h][3]; see Walczak, 142 F.3d at 133 [approving an IEP that placed a student in a classroom with students of different intellectual, social, and behavioral needs, where sufficient similarities existed]; Application of a Student with a Disability, Appeal No. 09-082; Application of the Dep't of Educ., Appeal No. 08-095; Application of the Dep't of Educ., Appeal No. 08-018; Application of a Child with a Disability, Appeal No. 07-068; Application of a Child with a Disability, Appeal No. 05-102).
I find the parent has not met their burden. The parent’s request is denied. IT IS HEREBY ORDERED that within 30 days of this decision, the district will conduct whatever evaluations are necessary and provide the parent with copies and then conduct a IEP meeting with 30 days.
Dated: March 3, 2014
MARY NOE, ESQ.
Impartial Hearing Officer
MN;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.
DOCUMENTATION ENTERED INTO THE RECORD
PARENT
A Impartial hearing request, 7/25/13, 6 pages
B Amended order of pendency, 7 pages
DEPARTMENT OF EDUCATION
1 IEP, 8/8/13, 10 pages
2 Classroom observation, 1/15/13, 1 page
3 evaluation, 2/4/13, 4 pages
4 , 7 pages