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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 27, 2014
March 7, 2014
Actual Record Closed Date: March 18, 2014
Hearing Officer: Brenda Farrow White, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON FEBRUARY 27, 2014
Parents
CSE Representative — DOE
Teacher — DOE
NAMES AND TITLES OF PERSONS WHO APPEARED ON MARCH 7, 2014
Parent (Via Telephone) — Student
Chair Designee, CSE — DOE
ORDER
On February 27, 2014 and March 7, 2014, an impartial hearing was convened before me in the matter of . The parents of the student requested the impartial hearing. The Department of Education (DOE) was represented by Robert Meagher and Freda Steinberger, Chairperson’s Designees for Committee on Special Education 7 (CSE). All exhibits entered into evidence are appended to the record. The record close date in this matter is March 18, 2014.
Pursuant to the student’s IESP dated March 21, 2013, the student’s classification is speech and language impairment. There is no dispute regarding classification. Related services to be provided are Special Education Teacher Support Services (SETSS) 5 times a week; speech and language therapy 3 times a week for 45 minute sessions in a separate location; and counseling 2 times a week for 30 minute sessions in a group in a separate location; and extended time for standardized testing in a separate location. M is attending . The parents requested an impartial hearing as mandated on the IESP of the child have not been provided since the beginning of the 2013-14 school year. The parents request RSA’s for provision of said services.
According to Dr. , DOE representative, the position of the DOE “is that we do have an agency---that is, ---that is able to provide these related services to the student, either through a center-based program or another location that would be convenient to all parties.”(T.13) However, the agency has not scheduled any therapy sessions for the student from the beginning of the current school year to present. The parent of M has identified a licensed provider who is available and able to address M’s specific speech issues.
IT IS THEREFORE ORDERED that the DOE shall issue Related Service Authorizations (RSA) to the parents of . for the provision of speech and language services as mandated on the IESP of the child, retroactive to the beginning of the 2013-14 school year to include compensatory services for all sessions to which the student is entitled. Dated: March 20, 2014
BRENDA FARROW WHITE, ESQ.
Impartial Hearing Officer
BFW: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.
DOCUMENTATION ENTERED INTO THE RECORD
PARENT
A Hearing Request, 12/26/13,[1] page
DEPARTMENT OF EDUCATION
Footnotes
[1] IESP, 3/21/13, 11 pages