Skip to main content

Decision No. 12,739

Appeal of A CHILD WITH A HANDICAPPING CONDITION from action of the Board of Education of the Wappingers Central School District regarding procedures pursuant to Article 89 of the Education Law.

Decision No. 12,739

(July 2, 1992)

Raymond G. Kruse, P.C., attorney for respondent, Raymond G.

Kruse, Esq., of counsel

Petitioner seeks an opinion regarding respondent's refusal to hold a meeting of its committee on special education (CSE).

Petitioner's son was referred to respondent's CSE for evaluation, including a neuro-psychological evaluation. Upon receipt of the results of a neuro-psychological evaluation conducted by her own neurologist, petitioner requested that the CSE meet to review her evaluation and to make a recommendation for her son. Instead of scheduling a meeting, the CSE determined to conduct its own neurological evaluation of petitioner's son before meeting to make any recommendation. Apparently, petitioner refused to permit respondent to conduct its own evaluation and the district scheduled an impartial hearing to determine whether the district could proceed to conduct its own evaluation before holding a meeting. At the hearing, the parties entered into a stipulation permitting the district to conduct its own evaluation. Petitioner's son was subsequently evaluated and classified by respondent's CSE as a child with a handicapping condition (see, Application of a Child with a Handicapping Condition, Appeal No. 92-18).

Petitioner seeks an opinion on whether it was proper for respondent to proceed to an impartial hearing rather than schedule a CSE meeting to review her neuropsychological evaluation. As indicated, the parties reached agreement at the impartial hearing, and the matter has been resolved. Since there remains no case or controversy, the case is moot. To the extent that petitioner seeks an advisory opinion, I will not issue purely advisory opinions in appeals brought pursuant to Education Law '310 (Appeal of Children with Handicapping Conditions, 31 Ed Dept Rep 21; Application of a Child with a Handicapping Condition, 30 id. 262; Application of a Child with a Handicapping Condition, 30 id. 53). However, for the benefit of the parties it is important to note that, although a parent has the right to submit independent evaluations to a CSE for review (8 NYCRR 200.5[a][l][v]), the CSE may conduct its own evaluations and need not rely solely on the parent's submissions (8 NYCRR 200.4[b]).