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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 13, 2015
Actual Record Closed Date: February 13, 2015
Hearing Officer: , Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON FEBRUARY 13, 2015
For the Student:
Attorney
For the Department of Education:
DOE Representative (Via Telephone)
On February 13, 2015, the parties appeared for an Impartial Hearing regarding the parents’ request for a P-1 “Nickerson Letter” for the Student’s placement at a state approved, non-public school.
The Department of Education (DOE) conceded that the Parent is entitled to a P-1 Nickerson Letter (Tr. 9). The DOE also conceded that the Student required a placement (Tr. 10). However, the DOE contends that the student cannot receive a P-1/P-R letter for a placement because the Standard Operating Procedures Manual [SOPM] of the New York City Department of Education states that Nickerson Letters are not to be issued or utilized for placements (Tr. 10).
The parent requests that the DOE issue a P-1 or “Nickerson Letter” for the Student to be enrolled in any New York State approved non-public school at the DOE’s expense.
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 issue as to whether a P1 Nickerson letter is valid for a placement is not expressly addressed in Jose P. Nevertheless, the record in this case is clear that the DOE conceded that the Student is entitled to a Nickerson Letter and that is all that the parent requests. As such, I find that the parent is entitled to a P1 “Nickerson” letter .
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 2014-2015 school year.
Dated: March 9, 2015
, ESQ.
Impartial Hearing Officer
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.