0059-91
STATE OF RHODE ISLAND
AND
PROVIDENCE PLANTATIONS
COMMISSIONER OF EDUCATION
JANE L. DOE
vs.
CRANSTON & LINCOLN SCHOOL COMMITTEES
DEMAND FOR STAY
May 21, 1991
In the matter of the Town of Lincoln School Department's request for a Stay of the Commissioner's decision of January 4, 1991, Re: Jane L. Doe vs. Lincoln School Committee and the Cranston School Committee, we find as follows:
The Demand for Stay is denied.
Upon review of the original transcript, the transcript of the hearing on Demand for Stay (February 12, 1991) and attendant written and oral comment of the parties, we cannot support a Stay in this matter.
This student and the School Committee of Lincoln are in active status under the due process provisions of the Regulations of the Board of Regents for Elementary and Secondary Education governing the Special Education of Children with Disabilities, amended September 1, 1990. That matter, despite our urging has not as of this request been resolved.
To delay further the assuming of responsibility by Lincoln for this girl's education would not be proper; therefore, the Demand for Stay is denied.
Donald J. Driscoll, Hearing Officer
Approved:
J. Troy Earhart
Commissioner of Education
May 21, 1991