SRO 09-052: CSE recommended ESY services for 06-07 and 07-08 school years. The March 14, 2008 CSE removed ESY services from the student's IEP for the 2008-09 school year. SRO Paul Kelly stated that “[n]either the March 14, 2008 IEP nor the testimony and evaluations presented at the impartial hearing demonstrated that the student's needs changed such that he was no longer at risk of substantial regression during the summer months. Based on the above, I find that the district did not provide sufficient evidence to meet its burden to support the March 2008 CSE's determination to remove ESY services from the student's 2008-09 program proposed in the March 2008 IEP. Accordingly, the hearing record does not demonstrate that ESY services were properly removed from the student's program, thereby denying the student a FAPE.”
Kelly also rejected the district’s effort to remove testing accommodations, Kelly stated similarly that “ the district did not present sufficient evidence to support its decision to change the student's testing accommodations.”
