3 No. 97
In the Matter of Beau "II", Alleged to be a Person in Need of
Supervision. Laurie Cassel, as Principal of Bennett Elementary School,
et al.,
Appellants, Beau "II",
Respondent.
_________________________________________________________________
2000 NY Int. 108
October 19, 2000
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Matthew P. Foley, for appellants.
Mitch Kessler, for respondent.
New York State School Boards Association, amicus curiae.
_________________________________________________________________
CIPARICK, J.:
As a condition for receiving Federal funds under the Individuals with
Disabilities Education Act (IDEA), the States must agree to follow
certain policies and procedures. One of those conditions, to which New
York has agreed as a participant in the program, is that a parent or
guardian of a child with a disability be given prior notice and, if
requested, an opportunity to be heard at an administrative hearing
whenever a local school seeks to change that child's "educational
placement" (see, 20 USC § 1415(b)(3), (b)(6), (d), (f), (k);
Education Law §§ 4402(1)(b)(3), 4404).
This case concerns a Family Court proceeding brought by school
officials to determine if Beau, a child identified as having a
disability under the IDEA, is a person in need of supervision (PINS).
The question is whether the PINS proceeding which resulted in
supervised probation represents a change in his educational placement
triggering the procedural protections of the IDEA. Under the
circumstances presented here, we conclude that this PINS proceeding
did not contemplate a change in Beau's educational placement.
Classified as emotionally disturbed since he was in the third grade,
Beau has been diagnosed with attention deficit disorder and depression
that makes him oppositional and defiant. Since that time, he has been
determined to be a "child with a disability" under the IDEA and his
educational program has been developed, supervised and evaluated by
SNIPPETS:
In the Matter of Beau "II", Alleged to be a Person in Need of Supervision.
This opinion is uncorrected and subject to revision before publication in the New York
New York State School Boards Association,
As a condition for receiving Federal funds under the Individuals with Disabilities Education
This case concerns a Family Court proceeding brought by school officials to determine if
The question is whether the PINS proceeding which resulted in supervised probation represents
Since that time, he has been determined to be a "child with a disability" under the IDEA and
The committee on special education tried to remedy these problems with weekly counseling and
Shortly thereafter, school district officials filed a PINS petition in Family Court.
The petition alleged that Beau was tardy 20 times during the 1997-1998 school year and also
Beau's newly appointed law guardian objected that the PINS petition was prohibited because it
Based on the committee's and the probation department's recommendations, Family Court placed
On appeal, the Appellate Division reversed, holding that the "filing of the underlying
The Individuals with Disabilities Education Act, or IDEA, is a Federal grant program that
Significant to this case, the "procedures required" by the IDEA include "written prior notice
The IDEA also sets forth the required contents of the notice,) and establishes certain
The school officials claim that not all PINS proceedings contemplate a change in a child's
Courts have generally adopted a narrow interpretation of the term (see, Concerned Parents &
Probation primarily sought to improve his attendance record and supervise his activities, but
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