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Memorandum re: correction to Ruling – BSEA # 21-03975

COMMONWEALTH OF MASSACHUSETTS

DIVISION OF ADMINISTRATIVE LAW APPEALS

BUREAU OF SPECIAL EDUCATION APPEALS

MEMORANDUM

TO: Matthew Engel, Attorney for Parents, and Alisia St. Florian, Attorney for Hampshire

FROM: Alina Kantor Nir, Esq., Hearing Officer, AKN

DATE: March 10, 2021

RE: In Re: Student v. Hampshire Public Schools, BSEA #2103975


 

Please note the following correction to the first page of the Ruling issued on January 19, 2021 on

Parent’s Motion to Enforce Stay-Put in the above-referenced matter.

Uncorrected version:

“This matter comes before the Hearing Officer on Parents’ Motion to Enforce Stay-Put, which was filed with the BSEA on December 2, 2020. Hampshire Regional School District (the “District”) filed an Opposition to the Motion to Dismiss on December 4, 2021, and on December 7, 2020 Parents filed Parents’ Reply to Hampshire Regional School District’s Opposition to Parents’ Motion to Enforce Stay-Put. The Parties argued the Motion on January 11, 2020. The arguments and testimony given were recorded by a stenographer, who is in the process of producing a transcript.”

Corrected version:

“This matter comes before the Hearing Officer on Parents’ Motion to Enforce Stay-Put, which was filed with the BSEA on December 2, 2020. Hampshire Regional School District (the “District”) filed an Opposition to the Motion to Dismiss on December 4, 2020, and on December 7, 2020 Parents filed Parents’ Reply to Hampshire Regional School District’s Opposition to Parents’ Motion to Enforce Stay-Put. The Parties argued the Motion on January 11, 2021. The arguments and testimony given were recorded by a stenographer, who is in the process of producing a transcript.”

The corrected page is enclosed for your records.


 

COMMONWEALTH OF MASSACHUSETTS

DIVISION OF ADMINISTRATIVE LAW APPEALS

BUREAU OF SPECIAL EDUCATION APPEALS

In re: Student v. Hampshire Regional School District

BSEA # 2103975

RULING ON PARENTS’ MOTION TO ENFORCE STAY-PUT

This matter comes before the Hearing Officer on Parents’ Motion to Enforce Stay-Put, which was filed with the BSEA on December 2, 2020. Hampshire Regional School District (the “District”) filed an Opposition to the Motion to Dismiss on December 4, 2020, and on December 7, 2020 Parents filed Parents’ Reply to Hampshire Regional School District’s Opposition to Parents’ Motion to Enforce Stay-Put. The Parties argued the Motion on January 11, 2021. The arguments and testimony given were recorded by a stenographer, who is in the process of producing a transcript.

For the reasons set forth below, the Parents’ Motion is hereby DENIED.

RELEVANT PROCEDURAL HISTORY AND FACTUAL BACKGROUND

On November 23, 2020, Parents filed a Hearing Request alleging, in part, that Student’s current placement at William E. Norris Elementary School in Southampton, Massachusetts fails to provide him with a FAPE. Parents’ Hearing Request seeks placement for Student at White Oak School in Westfield, Massachusetts.

On December 2, 2020, Parents filed the instant Motion to Enforce Stay-Put in which they assert that Student’s “most recent IEP dated 02/05/20 to 02/04/20 was accepted by the Parents” and called for 40 minutes of specially designed instruction in Reading from a Special Education Teacher 2 times per day. However, in an IEP Amendment dated November 16, 2020, the service was reduced to 1 time per day without prior discussion at the November 12, 2020 Team meeting. Parents further allege that they “were not provided with Prior Written Notice of the reduction and [that] Parents [did] not agree[] to the reduction.” Parents, hence, assert that they are “entitled to a restoration of the total amount of Reading services which were in the IEP prior to the IEP Amendment.”

Updated on March 16, 2021

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