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Decision No. 13,394

Appeal of a STUDENT WITH A DISABILITY, by his parent, from action of the Board of Education of the Canastota Central School District regarding an impartial hearing.

Decision No. 13,394

(April 6, 1995)

Hogan & Sarzynski, Esqs., attorneys for respondent, Edward J. Sarzynski, Esq., of counsel

SOBOL, Commissioner.--Petitioner appeals respondent's failure to provide him with a timely decision in an impartial hearing. The appeal must be dismissed.

Petitioner is the parent of a student with a disability who resides in the Canastota Central School District. On December 21, 1994, respondent received petitioner's request for an impartial hearing. In a December 30, 1994 letter, respondent's attorney informed petitioner that a hearing officer had been selected and a hearing was scheduled for January 9, 1995. The hearing was concluded on January 14, 1995. Petitioner commenced this appeal on February 21, 1995. The hearing officer rendered a decision on February 24, 1995.

Petitioner alleges that respondent failed to hold a timely impartial hearing in violation of federal and State regulations. Respondent denies that it improperly delayed this matter.

Education Law '4404(2) provides that the State Review Officer (SRO) must review determinations issued by an impartial hearing officer. Therefore, the issue of whether a hearing officer has issued a timely decision is one that petitioner can only raise before the SRO. While the Commissioner of Education may compel a school district to provide a petitioner with a hearing officer's decision (seeAppeal of a Student with a Disability, 33 Ed Dept Rep 711), once a decision has already been rendered by the hearing officer, the review must be made by the SRO. Accordingly, I have no jurisdiction to review the matter.