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FINDINGS OF FACT AND DECISION
Case Number: 163723
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: January 9, 2017
February 14, 2017
April 21, 2017
Actual Record Closed Date: April 24, 2017
Hearing Officer: Linda Agoston, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON JANUARY 9, 2017
Attorney — Parents
Representative — District
NAMES AND TITLES OF PERSONS WHO APPEARED ON FEBRUARY 14, 2017
Attorney — Parents
Representative — District
NAMES AND TITLES OF PERSONS WHO APPEARED ON APRIL 21, 2017
Attorney — Parents
Parent — Parents
Parent — Parents
Representative — District
Representative — District
On October 13, 2016, I was designated as impartial hearing officer, pursuant to the Individuals with Disabilities Education Act, ("IDEA") 20 U.S.C. §1415(f)(1) in the matter of (hereinafter "the Student"). The parent filed their request for an impartial hearing on October 7, 2016 and hearings were held on January 9, 2016, February 14, 2017 and April 21, 2017. The parties moved to extend the compliance date during the course of the hearing. In considering their requests I weighed the cumulative impact of the relevant factors and found that the need of the parties for additional time to prepare and present their positions in accordance with the requirements of due process was greater than any delay in the resolution of the matter. Accordingly, the request for extensions of the compliance date was (trans. 4,13, 53; IHO Exh. 1-V). The current record close date is April 24, 2017 and the decision due date is May 8, 2017. Appended to the record are lists of persons in attendance and of documents submitted into evidence.
The hearing was requested by the parent to demand that the Department of Education ("DOE") provide funding for the costs incurred by the Parent for at the (" ") for the 2015-2016 school year during the summer of 2016 and to pay for the costs for compensatory for hours at the enhanced rate of for lack of a free and appropriate public education ("FAPE")
for the 2014-2015 and the 2015-2016 school years.
The parties agreed to a partial resolution of relief outlined in the due process request (trans. 27). The parties agreed that the Student was entitled to hours of compensatory education at the DOE approved rate per the resolution dated January 17,
2017 (Exh. G).
The DOE representative did not dispute the Parent's assertion that the Student did not receive a FAPE for the 2014-2015 school and the 2015-2016 school years and thus was entitled to compensatory education at pursuant to the partial resolution (trans. 21)
for hours at the DOE approved rate (trans. 27) . The Parent seeks an Order that the Dept. of Education pay for the following: (1) reimbursement for the for the cost of the program for the summer of 2016 (trans. 46) and (2) provide hours of compensatory education at the rate of per hour.
FINDING OF FACT, CONCLUSION OF LAW
The central purpose of the IDEA is to ensure that students with disabilities have available to them a free appropriate public education. 20 U.S.C. §1400(d)(1)(A); Schaffer v. Weast, 126 S.Ct. 528, 531 (2005); Board of Education v. Rowley, 458 U.S.
176, 179-181 (1982). A free appropriate public education includes special education and related services designed to meet the student’s individual needs, provided in conformity with a written IEP. See 20 U.S.C. §1401(9); 20 U.S.C. §1414(d). A school district offers a student a free and appropriate public education when (1) it complies with the procedural requirements of the IDEA and (2) its CSE develops an IEP reasonably calculated to enable the student to receive educational benefits. Board of Education of Hendrick Hudson S.D. v. Rowley, 458 U.S. 176, 206-207 (1982).
The Parent asserted the Student and was not provided with FAPE for the 2014-2015 and 2015-2016 school year and was properly classified as
(Exh. A; trans. 27;45). This assertion was undisputed. It was further undisputed that the Parent was entitled to reimbursement for the compensatory education in the amount for the 2016 summer program at in the amount of and that the Student was entitled to compensatory education in the amount of hours at the DOE approved rate and if no provider could be found than at the rate of per hours (trans. 26;46-48).
I find the credit the Parent's testimony as to the unsuccessful efforts to obtain a provider at the DOE approved rate or the P-4 rate (trans. 42-43). I further credit the Parent's testimony as to the Student's improvements due to the program during the summer of 2016 due to the (trans. 38), and that the reports (Exh. D, F) documented his progress (trans. 38-41) and that the Student dramatically improved in (trans. 39).
Compensatory education refers to education for a person to compensate for educational deficiencies that occurred between the ages 3 to 21. It is a remedy granted to students deprived of FAPE. Compensatory education refers to education for a person to compensate for educational deficiencies that occurred between the ages 3 to 21. It is a remedy granted to students deprived of FAPE and students who have endured educational failures, and who have regressed during their school age years. Garro v. Connecticut, 23 F.3d 734 (2d Cir. 1994); Melvin v. Bolton School District, 100 F.3d 944 (2d Cir. 1996);
Application of a Child Suspected of a Disability, Appeal No. 91-6. I find the SRO in Application of a Child with a Disability, Appeal No. 10-057 held compensatory educational relief in the form of supplemental special education or related services has been awarded to such students if there has been a denial of FAPE. I found that no FAPE was provided to for the 2014-2015 and 2015-2016 school years and it was undisputed that was entitled to compensatory service for hours at the enhanced rate of per hour and that the Parent was entitled to reimbursement for the program during the summer of 2016 in the amount of .
Order
Therefore, it is hereby ordered that the DOE shall pay for following: (1) hours of compensatory services at the enhanced rate of per hour at and (2) reimburse the Parent in the amount of for the during the summer of 2016.
Dated: May 1, 2017
LINDA AGOSTON, ESQ.
Impartial Hearing Officer LA:
PLEASE TAKE NOTICE
The parent and/or the New York City Department of Education has a right to obtain a review of this decision by a State Review Officer of the New York State Education Department under Part 200.5(k) of the Regulations of the Commissioner of Education, Section 4404 of the Education Law, and the Individuals with Disabilities Education Act.
Directions and forms can be found on the Office of State Review website: http://www.sro.nysed.gov/RevisedRegulationsOverview.html
DOCUMENTATION ENTERED INTO THE RECORD ON JANUARY 9, 2017
I Decision on extension, 11/10/16, 1 p. IHO
II Decision on extension, 1/9/16, 1 p. IHO
DOCUMENTATION ENTERED INTO THE RECORD ON FEBRUARY 14, 2017
III Decision on extension, 2/14/17, 1 p. IHO
DOCUMENTATION ENTERED INTO THE RECORD ON APRIL 21, 2017
A Request for Impartial hearing, 10/7/16, 4 pp. Parent
B Report, 4/11/13, 16 pp. Parent
C , 12/19/15 through Parent
2/6/16, 21 pp.
D , Parent
3/9/16, 5 pp.
E Student Financial Statement, 9/21/16, 1 p. Parent
F , Parent
9/24/16, 5 pp.
G Resolution Agreement, 1/17/17, 2 pp. Parent
H rate letter, 4/20/17, 2 pp. Parent
I Decision on extension, 11/10/16, 1 p. IHO
II Decision on extension, 1/9/17, 1 p. IHO
III Decision on extension, 2/13/17, 1 p. IHO
IV Decision on extension, 3/21/17, 1 p. IHO
V Decision on extension, 4/21/17, 1 p. IHO