Boston PS BSEA # 10-2292.docVIP

COMMONWEALTH OF MASSACHUSETTS BUREAU OF SPECIAL EDUCATION APPEALS In re: Helen BSEA# 10-2292 DECISION This decision is rendered pursuant to M.G.L. chapters 30A and 71B; 20 U.S.C. §1400 et seq.; 29 U.S.C. §794; and the regulations promulgated under these statutes. A hearing in the above-entitled matter was held on May 13, 2010 at the Massachusetts Department of Elementary and Secondary Education in Malden, MA. The record was left open until June 7, 2010 for receipt of a final written document. Those in attendance were: Mother Student Godmother Carmen Henriquez Lopez Interpreter, Catholic Charities Julie Connors Classroom Teacher, Boston Public Schools (BPS) Anne Minichino School Nurse, BPS Matthew Tondorf Special Education Director, English High School, BPS Elizabeth Kurlan Program Director, Litigation, BPS Julie Muse-Fisher Attorney for BPS Raymond Oliver Hearing Officer, Bureau of Special Education Appeals The evidence consisted of Pupil’s Exhibits labeled P-1 through P-7; Boston Public Schools’ exhibits labeled S-1 through S-15; and approximately 4 hours of oral testimony. HISTORY/STATEMENT OF THE CASE Helen is an 18 year old young woman who resides with her mother in Boston, MA. Helen is enrolled in the Boston Public Schools (BPS) currently attending Boston English High School (BEH). Helen has always been a special education student educated under an Individual Education Plan (IEP). On October 29, 2009 Mother filed a Request for Hearing with the BSEA and a hearing date was scheduled for December 2, 2009. On November 5, 2009 BPS challenged the sufficiency of the hearing request. On November 10, 2009 the Hearing Officer ruled that the hearing request was insufficient because no information was submitted regarding either the nature of the problem or issues or the proposed resolution to said problems or issues. On November 20, 2009 Mother filed an Amended Hearing Request and a hearing date was scheduled for December 28