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Decision No. 15,880

Appeal of a STUDENT WITH A DISABILITY, by his mother, from action of the Office of Mental Retardation and Developmental Disabilities and the O.D. Heck Developmental Center.

Decision No. 15,880

(February 27, 2009)

The Civil Rights and Disabilities Law Clinic, Albany Law School, attorneys for petitioner

MILLS, Commissioner.--Petitioner requests a finding that the Office of Mental Retardation and Developmental Disabilities and the O.D. Heck Developmental Center (“respondents”) have the obligation to either fund an independent educational evaluation or to schedule an impartial hearing for her son.  The appeal must be dismissed.

The appeal must be dismissed for lack of jurisdiction.  Education Law §310 limits jurisdiction on appeal to matters involving the public school system of the State (seeMatter of Bowen, et al. v. Allen, 17 AD2d 12, affd 13 NY2d 663; Appeal of Tylicki, 46 Ed Dept Rep 414, Decision No. 15,549; Appeal of Interfaith Medical Center, 27 id. 405, Decision No. 11,991).  It does not provide for an appeal from actions of another State agency or its facilities.  Therefore, the appeal must be dismissed for lack of jurisdiction.

To the extent petitioner is alleging that a public agency has violated a federal or state law or regulation relating to the education of students with disabilities, petitioner may file a complaint with the State Education Department’s Office of Vocational and Educational Services for Individuals with Disabilities (“VESID”) pursuant to §200.5(l) of the Commissioner’s regulations, if the alleged violation occurred not more than one year prior to the date the State receives the complaint 

(http://www.vesid.nysed.gov/specialed/publications/policy/samplecomplaint.pdf).

THE APPEAL IS DISMISSED.

END OF FILE