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CASE NUMBER: 595693 - NYC: 245393
FINDINGS OF FACT AND DECISION
Student’s Name: [REDACTED]
Date of Birth: [REDACTED]
District: [REDACTED]
Hearing Requested By: [REDACTED]
Parent
Date of Hearing: April 5, 2023
Hearing Officer: Steven P. Forbes, Esq.
Hearing Officer’s FOFD
NAMES AND TITLES OF PERSONS WHO APPEARED
APRIL 5, 2023
For the Student:
[REDACTED]
Parent Advocate
For the Department of Education:
[REDACTED]
District Representative
Hearing Officer’s FOFD
INTRODUCTION
This matter comes before the undersigned Hearing Officer at the request of the Parent in a Due Process Complaint (“DPC”) that was filed on January 30, 2023, regarding the 2022-2023 school year. The relief requested in the Parent’s DPC was a request for an order entitling the Student to independent neuropsychological evaluations.
A hearing regarding the Parent’s requests for IEEs was held on April 5, 2023. The District did not present any witnesses or evidence. The Parent presented three exhibits. The DPC complaint was admitted into evidence as Parent’s Exhibit A. The IEP was admitted into evidence as Parent’s Exhibit B. The Request for IEEs was admitted into evidence as Parent’s Exhibit C.
Parent requests an order directing the District to fund an independent neuropsychological evaluation, an FBA/BIP and a complete Social History valuation. The District did not oppose the Parent’s request.
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
The Parent made an initial request for IEEs by letter dated January 29, 2022. (P-Ex. C). The Parent was entitled to request IEEs in that fashion. Appeal No. 22-008. The District then either had the option of agreeing to the IEEs or filing their own DPC. The District did neither.
In addition, when an evaluation fails to meet the standard of appropriate and comprehensive, the Parent is entitled to IEEs for the purpose of obtaining a full and complete evaluation. Appeal No. 22-148.
Based on the above I will order the following:
ORDERED:
It is hereby Ordered that the District fund:
1) A neuropsychological evaluation to be conducted by a New York State licensed psychologist of the Parent’s choosing with said neuropsychologist to be compensated by the District at a reasonable market rate; 2) An FBA/BIP to be conducted by a provider of the Parent’s choosing with said provider to be compensated by the District at a reasonable market rate; and, 3) A Social History evaluation, to be conducted by a provider of the Parent’s choosing with said provider to be compensated by the District at a reasonable market rate.
It is further Ordered that upon the completion of the above evaluations that the CSE re-convene, upon reasonable notice to the Parent, to consider the evaluations that the Student had for the purpose of determining whether or not any modifications to the Student’s IEP/IESP are necessary.
Dated: April 5, 2023
Steven P. Forbes, Esq.
Steven P. Forbes, Esq.
Impartial Hearing Officer
NOTICE OF RIGHT TO APPEAL
Within 40 days of the date of this decision, the parent and/or the Public School District has a right to appeal the decision to a State Review Officer (SRO) of the New York State Education Department under section 4404 of the Education Law and the Individuals with Disabilities Education Act.
If either party plans to appeal the decision, a notice of intention to seek review shall be personally served upon the opposing party no later than 25 days after the date of the decision sought to be reviewed.
An appealing party's request for review shall be personally served upon the opposing party within 40 days from the date of the decision sought to be reviewed. An appealing party shall file the notice of intention to seek review, notice of request for review, request for review, and proof of service with the Office of State Review of the State Education Department within two days after service of the request for review is complete. The rules of procedure for appeals before an SRO are found in Part 279 of the Regulations of the Commissioner of Education. A copy of the rules in Part 279 and model forms are available at http://www.sro.nysed.gov.
DISTRICT EVIDENCE
None
PARENT EVIDENCE
B. No. Description Date Pages A DPC 1-29-23 3 IESP 5-5-20 6 pages
C. Request for IEEs 1-29-23 1 page
IHO EVIDENCE
None