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FINDINGS OF FACT AND DECISION
Case Number: 167728
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: September 15, 2017
September 28, 2017
Actual Record Closed Date: October 6, 2017
Hearing Officer: Dora Lassinger, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED ON SEPTEMBER 15, 2017
Attorney (Via Telephone) — Student
District Representative (Via Telephone) — DOE
NAMES AND TITLES OF PERSONS WHO APPEARED ON SEPTEMBER 28, 2017
Attorney — Student
District Representative — DOE
the mother of, requested an impartial hearing on July 25, 2017, alleging a denial of FAPE during the 2016-2017 school years; and seeking an award of compensatory education including make-up sessions, and various other services; and comprehensive independent evaluations. (IHO Ex. I). I was designated to hear this matter on July 27, 2017.
A pre-hearing telephone conference was held on September 5, 2017. At that time, the parent’s counsel stated that the parent was withdrawing all requests for compensatory education, with the exception of make-up sessions. (Tr. p. 2).
An impartial hearing was held before me on September 15 and September 28, 2017. Prior to the first date of hearing, the parent’s attorney advised that . (Tr. p. 9). The Department of Education (“DOE”) agreed that the parent could continue her claim for compensatory ; but moved to dismiss the requests for independent evaluations, based upon the fact that the family no longer resided in New York. (Tr. p. 15).
Both parties agreed that the parent was entitled for the 2016-2017 school year. (Tr. p. 14).
The parties were directed to submit legal authorities to me, by September 25, 2017, with regard to my jurisdiction to continue to hear the parent’s requests for independent evaluations. (Tr. p. 21).
Prior to the September 28, 2017, the parent withdrew her request for independent evaluations; and this was confirmed on the record when the hearing resumed on September 28, 2017. On September 28, 2017, both parties agreed that the student should have received during the 2016-2017 school year, but that she received only , and was owed
. (Tr. 9/28/17, p. 4).
The parent requested an award of compensatory at the reasonable market rate; and the DOE did not object to that request. (Id. at 5).
Findings of Fact, Conclusions of Law and Order
The school district bears the burden of proving the appropriateness of the recommended program. Education Law 4404(1). The school district must comply with the procedural requirements of the Individual with Disabilities Education Act. (IDEA), and the IEP developed through its CSE must be reasonably calculated to enable the student to receive meaningful educational benefits. (Board of Educ. v. Rowley, 458 U.S.
176, 192 [1982].
State Review Officers have awarded compensatory services to students who remain eligible to attend school and have been denied appropriate services. Application of a Student with a Disability, Appeal No. 11-027 ,p. 25).
In these proceedings, the DOE concedes that due to a deprivation in services, the student is entitled to be compensated with .
Order
Therefore, it is hereby ordered that the DOE shall fund
, for , at a reasonable market rate.
Dated: October 26, 2017
DORA LASSINGER, ESQ.
Impartial Hearing Officer DL:
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
HEARING OFFICER
I Request for due process, 7/25/17, pages
II Subpoena, unidentified date, two pages
III Subpoena objections, 9/11/17, four pages
IV Memorandum in further support of Parent's subpoena, 9/15/17, Pages
V IEP, 11/29/16, pages
VI CFUS, 9/28/17, 1pp