At the end of December 1992, the student was admitted to Rockland Children's Psychiatric Center where psychological assessments were conducted. In March 1993, six weeks after her release from the psychiatric center, the chairperson of the CSE referred the student to the Westchester Institute for Human Development Department of Psychology for a behavioral evaluation. Respondent board of education was directed to submit information indicating whether its CSE had ever classified this student and recommended a placement for her. They object to home tutoring as the pendency placement. Petitioners also argue in this appeal that respondent board of education violated their daughter's rights under IDEA by failing to conduct timely evaluations and make a timely recommendation for her classification and placement.
Petitioners are correct.
In this case, the student was referred for evaluation and placement when she was enrolled in respondent's school district in September 1992. By the end of the 1992-93 school year, the CSE had still not made any recommendation. Petitioners are correct. There is no evidence in this record that petitioners were provided notice of the suspension nor were they given an opportunity for a hearing. I find, therefore, that respondents violated this student's right to due process pursuant to Education Law ' 3214.