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FINDINGS OF FACT AND DECISION
Case Number: 166232
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: June 29, 2017
Actual Record Closed Date: June 29, 2017
Hearing Officer: Mary Noe, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON JUNE 29, 2017
Parents
Student
District Representative — DOE
(Via Telephone) — DOE
Parent requested a hearing on May 17, 2017. I was appointed on May 18, 2017. I scheduled a hearing for June 21, 2017. Parent is pro se. At the request of the parent I adjourned the hearing till June 29, 2017. On January 29th the district appeared by and the parent and student attended.
The compliance date was not extended by either party. An impartial hearing officer is regardless of the parties' positions, to ensure compliance with the 45-day timeline for issuing a decision (see Application of the Dep't of Educ. , Appeal No. 11-095;
Application of the Dep't of Educ. , Appeal No. 11-037; Application of a Student with a Disability , Appeal No. 08-064; Application of the Dep't of Educ., Appeal No. 08-061).
The student is , ( ) classified as and currently attending in a .
Parent is challenging the IEP dated September 16, 2016. (Exh. 4) The recommendation is for a with a . (T. 24) Specifically, the parent is requesting the student receive . (Exh. A) The parent believes the student will benefit, learn more and if he were taught . (T. 28-29)
Mr. , the testified that the student has an
. The student and needs
. (T. 24)
A Report dated January 9, 2017 was admitted into evidence. (Exh.
2) The Report was not an evaluation and did not have information as to the student’s
.
DISCUSSION
A FAPE is offered to a student when (a) the board of education complies with the procedural requirements set forth in the IDEA, and (b) the IEP developed by its CSE through the IDEA's procedures is reasonably calculated to enable the student to receive educational benefits (Rowley, 458 U.S. 206.) A district must conduct an evaluation of a student where the educational or related services needs of a student warrant a reevaluation or if the student's parent or teacher requests a reevaluation. (34 CFR 300.303[a][2]; 8 NYCRR 200.4[b][4]).
No evaluation was submitted. In order to decide if the student is appropriate to receive , an evaluation must be conducted.
IT IS HEREBY ORDERED the district will evaluate the student for with the purpose of determining whether services are appropriate within 30 days of receipt of this decision.
Dated: July 10, 2017
MARY NOE, ESQ.
Impartial Hearing Officer MN:
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
STUDENT
A Due Process Complaint, 5/17/17, two pages
DEPARTMENT OF EDUCATION
1 IEP, 6/28/17, 11 pages
2 Report, 1/9/17, two pages
3 Report, unidentified date, three pages
4 IEP, 9/16/16, 21 pages