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FINDINGS OF FACT AND DECISION
Case Number: 172654
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: March 12, 2018
Actual Record Closed Date: April 11, 2019
Hearing Officer: James P. Walsh, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED
MARCH 12, 2018
Parent Advocate Representative for New York City Parent
Department of Education and Department of Education
A Due Process Complaint Notice was filed on behalf of the Parent of . hereafter referred to as “Student’’), by the Educational Advocacy Service, dated February 23, 2018 and received by the New York City Department of Education’s Impartial Hearing Office on that date. The Due Process Complaint (Exhibit A) alleged that District failed to schedule a timely annual review meeting or develop a timely and appropriate IEP (Individualized Education Program) for Student for the 2017-2018 school year and sought an Order requiring the New York City Department of Education to prepare an L.E.P. for Student.
The undersigned had been appointed, after the recusal by one or more previouslyappointed Impartial Hearing Officers, as the Impartial Hearing Officer authorized to preside over this matter by notice dated February 26, 2018
Parent, in her Due Process Complaint (Exhibit A), also sought the issuance of an interim pendency ruling. In accordance with such request, a Pendency Hearing was conducted on March 12, 2018. On March 13, 2018, I issued an Interim Order Regarding Pendency (I.H.O. Exhibit I), ordering the District and the New York City Department of Education to provide Student with ten hours per week of Special Education Itinerant Teacher (SEIT) services, to be delivered in a group of no more than three and in ; as well as Speech/Language Therapy three times per week, thirty minutes per session, individually, to be delivered in ; Physical Therapy, two times per week, thirty minutes per session, individually; and Occupational Therapy, two times per week, thirty minutes per session, individually (I1.H.O. Exhibit I)
A Hearing to consider the merits of Parent’s Complaint was scheduled to be conducted on June 13, 2018. However, such hearing date was cancelled at the specific request of Parent’s Advocate, as witnesses were unavailable. No further hearings were thereafter scheduled.
The 2017-2018 school year has long concluded. This matter remains open. However, I find, at this time, that there is no purpose in conducting a hearing or reviewing the correctness or incorrectness of the actions of District’s or the stated positions of the Parent, as there is no relief that I could afford to Parent in a Decision. Parent had sought to compel the Department of Education to provide Student with an [.E.P. for the 2017-2018 school year.
It is my finding and determination that such issue as raised by Parents in her Due Process Complaint is now moot. Mootness can only successfully be avoided where retrospective relief is sought (Board of Education of the City of New York, 26 IDELR 1326; Neshaminy School District v. Karla B., 25 IDELR 725 [E.D. Pa 1997]. To paraphrase the State Review Officer who decided Application of a Child with a Disability, Appeal No. 94-9:
“An appeal may be found to be moot, if no meaningful relief could be provided and there is no basis for believing that the dispute between the parties will continue.”
It is, therefore, my Determination and Conclusion of Law that the issue presented in this proceeding is moot and that there is no valid reason to continue this matter.
ORDER
Based upon the above, it is HEREBY ORDERED that Parent’s Due Process Complaint be, and the same hereby is, DISMISSED.
Dated: April 24, 2019
Gamer P Walsh, Eng. ge
JAMES P. WALSH, ESQ.
Impartial Hearing Officer
JPW:gc
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. The Department of Education has designated the New York City Law Department to accept service of papers on its behalf, including appeals of decisions of Impartial Hearing Officers. Such service is made at 100 Church Street, New York, NY 10007 at the Messenger Center.
DOCUMENTATION ENTERED INTO RECORD MARCH 12, 2018
A. 2 Parent’s Due Process Complaint Notice, Parent dated 2-23-18
B. I.E.P. prepared by District’s, datedParent 7-3-14 20 pages Parents
OTHER DOCUMENTATION ENTERED INTO RECORD
No # of Pages Description: Offered by: 8 Interim Order on Pendency by I.H.O. James THO
Walsh, dated 3-13-18