The State Education Department
State Review Officer

No. 01-104




Application of a CHILD WITH A DISABILITY, by his parent, for review of a determination of a hearing officer relating to the provision of educational services by the Board of Education of the City School District of the City of New York



        Petitioner appeals from an impartial hearing officerís decision which annulled the recommendation by respondentís Committee on Special Education (CSE) that her sonís special education program be changed from resource room services to a self-contained special education class with a 12:1 student-teacher ratio. The appeal must be dismissed.

        Petitionerís 12-year-old son has been classified as learning disabled since February 1997. He has received resource room services since that time. In March 2001, the student was referred to the CSE because he was reportedly having difficulty in his sixth grade program (Transcript p. 36). His resource room teacher reported that the studentís writing skills were deficient, and that he had difficulty following directions and completing tasks (Exhibit 1). The studentís third quarter report card indicated that he was failing English, enriched reading, and math, and was barely passing his other subjects (Exhibit 6).

        An educational evaluation was completed on May 2, 2001. The evaluator reported that the student had achieved grade equivalent scores of 3.6 for letter-word identification, 5.6 for passage comprehension, 6.7 for math calculation, and 6.3 for problem solving (Exhibit 5). A school psychologist who had evaluated the student on May 4, 2001 reported that petitionerís son had achieved a verbal IQ score of 93 and a performance IQ score of 82. She noted that all but one of the skills used to establish the studentís performance IQ score had been in the borderline range. A personality assessment indicated that he appeared to be fairly well adjusted to his environment, but he appeared to have low self-esteem (Exhibit 4).

        On May 18, 2001, the CSE met with petitioner to review the evaluation results, and to prepare a new individualized education program (IEP) for the student. The CSE recommended that petitionerís son continue to be classified as learning disabled, and that he be placed in a self-contained special education class with a 12:1 pupil-teacher ratio to remediate his academic deficits (Exhibit 12). By notice dated June 2, 2001, petitioner was offered a placement for her son in respondentís P.S. 238 (Exhibit 13).

        Petitioner requested an impartial hearing to review the CSEís recommendation. The hearing was held on August 2, 2001. In a decision that was rendered on September 26, 2001, the hearing officer found that the matter should be remanded to the CSE to obtain a current physical examination report and a complete social history. She also suggested that the CSE conduct an occupational therapy evaluation.

        The initial question that I must decide is whether petitioner is aggrieved by the hearing officerís decision. Petitioner opposes the proposed change in her sonís educational program. The CSEís recommendation to change the studentís program has been set aside by the hearing officer. When the CSE has complied with the hearing officerís directives, it must make a new recommendation. If petitioner is dissatisfied with the CSEís new recommendation, she may request a new impartial hearing. Under the circumstances, I must find that petitioner is not aggrieved by the hearing officerís decision.







Albany, New York


May 16, 2002