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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 6, 2014
Actual Record Closed Date: February 24, 2014
Hearing Officer: James McKeever, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON FEBRUARY 6, 2012
Parent
District Representative Department of Education
FINDINGS OF FACT AND DECISION
On December 13, 2013, the parent filed the within Due Process Complaint. I was appointed to hear this matter on December 20, 2013. The resolution period expired on January 12, 2014. A pre-hearing conference was held on January 27, 2014. The parties appeared for the impartial hearing on February 6, 2014. The undersigned received the transcript of the hearing on February 25, 2014.
The parent’s Due Process Complaint indicates that the parents’ request for a P-1 “Nickerson Letter” for the Student’s placement at a state approved, non-public school.
In Jose P., the Board of Education of the City School District of the City of New York was found to have failed to act in a timely manner in its evaluation and/or placement of thousands of children with disabilities. Judge Nickerson ordered the board to issue letters to the parents of each eligible child who had not been placed within 60 days of referral or evaluated within 30 days of referral, advising the parents of their right to place their child in an approved nonpublic school at public expense (Jose P., 79 C 270, EHLR 553:303, Appendix, Exhibit 1). The remedy of the "Nickerson letter" was intended to address the situation in which the child had been referred to the CSE and the child had not been evaluated within 30 days or placed within 60 days of referral (Application of a Child with a Disability, Appeal No. 00-092).
Here, the Department of Education (DOE) conceded that they were not in compliance with the regulations concerning placement for the current school year and that the parent is entitled to a P1 Nickerson letter. As such, I find Student is entitled to a Nickerson Letter for the remainder of the 2013-2014 school year and for the 2014-2015 school year.
ORDERED that the Department of Education shall issue the parent a P1 “Nickerson” letter for the Student to attend a state approved, non-public school for the 2013-2014 and the 2014-2015 school years.
Dated: February 26, 2014
JAMES MCKEEVER, ESQ.
Impartial Hearing Officer
JM:gc
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.