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Decision No. 12,727

Application of CHILDREN WITH HANDICAPPING CONDITIONS, by their parent, from action of the Board of Education of the
Wappingers Central School District relating to distribution of procedural information.

Decision No. 12,727

(June 26, 1992)

Raymond G. Kruse, P.C., attorney for respondent, Raymond G. Kruse, Esq., of counsel

SOBOL, Commissioner.--Petitioner, the parent of children with handicapping conditions, appeals from respondent's alleged failure to provide her with a publication of the State Education Department entitled A Parent's Guide to Special Education (Parent's Guide). The appeal must be dismissed.

Petitioner does not seek review of the decision of a hearing officer pursuant to Education Law "4404. Instead petitioner appeals pursuant to Education Law "310, which authorizes the Commissioner of Education to review petitions by an "aggrieved party" from any "official act or decision of any officer, school authorities, or meetings" concerning any matter under the Education Law.

Education Law "4402(1)(b)(7) requires a committee on special education (CSE) to provide for parents of children with handicapping conditions a copy of the Parent's Guide or a locally approved booklet as soon as practicable after the child is referred for evaluation to the CSE. Petitioner alleges that respondent never provided her with the Parent's Guide and also seeks an opinion on whether a CSE is obligated to inform or distribute any subsequent revision of the Parent's Guide to parents of children with handicapping conditions who previously received the publication. Respondent denies that it failed to provide petitioner with a copy of the Parent's Guide and submits as proof an affidavit from its CSE chairperson setting forth the dates he provided the booklet to her.

Regarding petitioner's claim that she is entitled to receive the latest edition of the publication, there is no evidence that petitioner requested that respondent provide her with an updated copy. In any case, respondent has met its statutory obligation by providing petitioner with the most up-to-date publication available at the time petitioner's children were evaluated. Therefore, I find that respondent has complied with Education Law "4402(1)(b)(7).