13-007.pdf

The New York City Department of Education appeals a hearing officer's decision that it failed to offer a student with a disability a free appropriate public education (FAPE) for the 2011-12 school year. The officer ordered the district to reimburse the parent for 60% of the student's tuition costs at a private school. The appeal must be sustained, and the decision will be based on whether the hearing officer erred in determining that the Committee on Special Education was not properly composed and that the Individualized Education Program (IEP) was inadequate due to a lack of opportunities for academic mainstreaming. The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities receive a FAPE that emphasizes special education and related services designed to meet their unique needs. A FAPE is offered when the board of education complies with procedural requirements and the IEP is reasonably calculated to enable the student to receive educational benefits.