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Special Education Law
DECISIONSEL No. 2014-ih-180

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: September 9, 2013

September 20, 2013

September 26, 2013

March 31, 2014

Actual Record Closed Date: March 31, 2014

Hearing Officer: John Farago, Esq.

NAMES AND TITLES OF PERSONS WHO APPEARED ON SEPTEMBER 9, 2013

For the Student:

Attorney (Via Telephone)

For the Department of Education:

District Representative (Via Telephone)

NAMES AND TITLES OF PERSONS WHO APPEARED ON SEPTEMBER 20, 2013

For the Student:

Attorney

Mother

For the Department of Education:

DOE Attorney

NAMES AND TITLES OF PERSONS WHO APPEARED ON SEPTEMBER 26, 2013

For the Student:

Attorney (Via Telephone)

For the Department of Education:

Attorney

NAMES AND TITLES OF PERSONS WHO APPEARED

MARCH 31, 2014

For the Student:

Attorney

For the Department of Education:

Attorney

This matter concerns the 2012-13 placement of a child then-classified as . The parent challenged the classification, the placement, and the district’s of the child, seeking a series of .

In an Interim Order I ruled:

John Farago mv

JOHN FARAGO, ESQ.

Impartial Hearing Officer

JF;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 Due Process Hearing, 6/27/13,7pp

B Due Process Response, 7/16/13, 4pp

C IEP, 1/22/13, 14pp

D IEP, 11/15/12, 14pp

X ., 4pp

Y 10/25/13, 3pp