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FINDINGS OF FACT AND DECISION
Case Number: 160235
Student’s Name:
Date of Birth:
District:
Hearing Requested By: Parent
Date of Hearing: June 20, 2016
Actual Record Closed Date: July 19, 2016
Hearing Officer: John Naun, Esq.
NAMES AND TITLES OF PERSONS WHO APPEARED
JUNE 20, 2016
For the Student:
Parent
Student
For the Department of Education:
Impartial Hearing Representative
The parent filed a request for a hearing (Exhibit A, 4/18/2016) alleging various factors causing her daughter to be denied a FAPE. On 4/27/16 the mother signed a resolution agreement (Exhibit 1) wherein she agreed to accept a voucher for at the standard rate of compensation and a revaluation of her daughter. The parent signed the resolution settlement and is bound to it.
The reevaluation is completed. The mother was given the voucher to purchase the at the standard rate but has as yet not acted upon it. The mother stated that she did not receive the voucher. A new voucher was provided to her at the second day of hearing.
The mother, who stated she is an educational professional employed in another nearby state, stated that she needs assistance in finding a provider for near her home who will accept the DOE compensation limits. The DOE will assist the parent in securing a provider.
The parent will contact the various providers on the list given to her by the DOE. (Exh. 2) If after she has contacted at least five providers and they are unwilling to accept the position, the mother will send notice to the DOE representative who participated in this hearing containing the names and parties contacted who declined the position. Immediately upon receipt of the parental notice (emphasis intended), the DOE will either provide a person who accepts the employment at the DOE rate or issue a new voucher permitting the parent to employ a provider at the rate of an amount up to but no greater than per hour for. There shall be no further delay in this process.
So Ordered,
JOHN J. NAUN, ESQ.
Impartial Hearing Officer
JJN:
PLEASE TAKE NOTICE
Within 35 days of the date of this decision, the parent and/or the New York City Department of Education has a right to appeal the decision to the State Review Officer of the New York State Education Department under Section 4404 of the Education Law and the Individuals with Disabilities Education Act.
“The notice of intention to seek review shall be served upon the school district not less than 10 days before service of a copy of the petition for review upon such school district, and within 25 days from the date of the decision sought to be reviewed. The petition for review shall be served upon the school district within 35 days from the date of the decision sought to be reviewed. If the decision has been served by mail upon petitioner, the date of mailing and the four days subsequent thereto shall be excluded in computing the 25- or 35-day period. ” (8NYCRR279.2[b]) Failure to file the notice of intention to seek review is a waiver of the right to appeal this decision.
Directions and sample forms for filing an appeal are included with this decision. Directions and forms can also be found in the Office of State Review website: www.sro.nysed.gov/appeals.htm.
DOCUMENTATION ENTERED INTO RECORD
PARENT
A Request for a Hearing, 4/5/16, 3 pages
B IEP, 6/6/15, 9 pages
DEPARTMENT OF EDUCATION
1 Resolution Agreement, 4/27/16, 2 pages
2 , 5 pages