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STATEMENT OF AGREEMENT AND ORDER
Case Number:
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: October 31, 2013
November 21, 2013
January 6, 2014
Actual Record Closed Date: April 7, 2014
Hearing Officer: Jeffrey Silverson, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON OCTOBER 31, 2013
Advocate — Student
JEANNETTE MONTOLIO, CSE 8 District Representative — DOE
NAMES AND TITLES OF PERSONS WHO APPEARED ON NOVEMBER 21,
2013
Advocate (Via Telephone) — Student
JEANNETTE MONTOLIO, District Representative, CSE-8 (Via Telephone)
NAMES AND TITLES OF PERSONS WHO APPEARED ON JANUARY 6, 2014
Advocate — Student
JEANNETTE MONTOLIO, CSE 8, Chairperson's Designee — DOE
On October 21, 2013, a due process complaint was filed on behalf of (“student”) pursuant to the Individuals with Disabilities Education Improvement Act, 20 U.S.C.§1415 (f). That same day, I was appointed as the Impartial Hearing Officer in the matter.[1] At the request of the Parents, a pendency hearing was conducted on October 31, 2013, which eventuated in an Interim Order, dated November 19, 2013, directing that Student continue to receive services that I determined to be part of current educational entitlement. At a hearing held on January 6, 2014, an agreement was reached between the parties regarding an
Following jointly requested extensions to the timeline, the aforesaid agreement is now finalized in the Order below.
Appended to this decision are: a statement of appeal rights, a list of the persons in attendance at the hearings, and a list of the documents received into evidence. See 8 NYCRR § 200.5(j)(5)(v).
STATEMENT OF AGREEMENT AND ORDER
The District having been represented by Jeanette Montolio, CSE 8, Chairperson's Designee, and the student having been represented by, Advocate, and the substance of this order having been recorded by; it is hereby
ORDERED on CONSENT that
2) The Department of Education will conduct an evaluation to assess to what extent the student's.
3) Upon completion of the two aforesaid evaluations, the Department of Education shall convene a CSE meeting, Dated: April 7, 2014
Jeffrey Silverson mv
JEFFREY SILVERSON, ESQ.
1 Parents were represented by Advocate and the Department of Education was represented by Jeanette Montolio, CSE 8, Chairperson's Designee.
Impartial Hearing Officer JS;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 dated 10/17/13, 3 pages B (Pendency) dated 5/15/12, 17 Pages
DEPARTMENT OF EDUCATION
1, dated 4/28/13, 8 pages
Footnotes
[1] The Department of Education will issue an assessment authorization so that the student will receive an