Advance Decisions Search

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the district) appeal, pursuant to section 8 NYCRR 279.10(d) of the Regulations of the Commissioner of Education, from an interim decision of an impartial hearing officer (IHO) determining respondent's (the parent's) son's pendency placement during a due process proceeding.  The appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the district) appeals from a decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondents' (the parents') daughter and ordered it to reimburse the parents for their daughter's tuition at the Winston Preparatory School (Winston Prep) for the 2021-22, 2022-23, and 2023-24 school years.  The appeal must be sustained.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for her daughter's tuition at the Devereux Glenholme School (Devereux) for the 2022-23 school year.  The appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the district) appeals from a decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondents' (the parents') daughter and ordered it to reimburse the parents for their daughter's tuition at the Windward School (Windward) for the 2023-24 school year.  The appeal must be sustained in part.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioners (the parents) appeal from the interim decision of an impartial hearing officer (IHO) which granted respondent's (the district's) motion to dismiss the parents' claims pertaining to the 2021-22 school year as barred by the statute of limitations.  The appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the district) appeals from a decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondents' (the parents') son and ordered it to fund the student's private services delivered by Alpha Student Support (Alpha) for the 2023-24 school year.  The appeal must be sustained in part.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from the decisions of an impartial hearing officer (IHO) which severed the parent's claims in a due process complaint notice into separate proceedings, upheld a manifestation determination review (MDR) team's determination that the student's behavior was not a manifestation of her disability, sustained a school imposed disciplinary suspension, and determined that the educational program respondent's (the district's) Committee on Special Education (CSE) had recommended for her daughter for the 2023-24 school year was appropriate.  The appeal must be sustained in part.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which denied in part her request that respondent (the district) fund the costs of her daughter's private services delivered by Always a Step Ahead Inc. (Step Ahead) for the 2023-24 school year.  The district cross-appeals from that portion of the IHO's decision which awarded funding for counseling services.  The appeal must be dismissed.  The cross-appeal must be sustained in part.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from that part of a decision of an impartial hearing officer (IHO) determining her son's pendency placement during a due process proceeding challenging the implementation of respondent's (the district's) recommended educational program for the student for the 2024-25 school year.  The district cross-appeals asserting that the IHO lacked subject matter jurisdiction  and further cross-appeals from that portion of the IHO decision which dismissed the due process complaint without prejudice and ordered the Committee on Special Education (CSE) to reconvene and develop an individualized education services program (IESP) for the 2024-25 school.  The appeal must be sustained in part.  The cross-appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which, among other things, denied her request that respondent (the district) fund the costs of her daughter's private services delivered by Kinship Resources (Kinship) for the 2023-24 school year and dismissed her due process complaint notice.  The district cross-appeals and asserts that the IHO lacked subject matter jurisdiction over the parent's claims.  The appeal must be sustained in part.  The cross-appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which granted her request that respondent (the district) fund the costs of her son's private services delivered by the providers of her choosing for the 2022-23 and 2023-24 school years but limited the funding to a reasonable market rate to be determined by the district.  The appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund the costs of her son's unilateral special education services delivered by HLER, LLC (HLER) for the 2023-24 school year.  The district cross-appeals arguing that the due process complaint notice should be dismissed for a lack of subject matter jurisdiction.  The appeal must be dismissed.  The cross-appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the district) appeals from a decision of an impartial hearing officer (IHO) which denied its motion to dismiss respondent's (the parent's) due process complaint notice based on a lack of subject matter jurisdiction and ordered the district to directly fund the costs of the student's privately-obtained special education teacher support services (SETSS) delivered by Yes I Can Services, Inc. (YIC) for the 2023-24 school year.  The appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from that portion of a decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund compensatory speech-language therapy for the student related to the 2023-24 school year.  The district cross appeals from those portions of the IHO's decision which rejected the district's arguments to dismiss the parent's claims.  The appeal must be sustained. The cross-appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which ordered respondent (the district) to reimburse the parent for, rather than directly fund, the costs of her son's transportation for the 2023-24 school years.  The appeal must be sustained in part.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from that portion of a decision of an impartial hearing officer (IHO) from that portion of the decision which denied her request for compensatory education related to the 2022-23 and 2023-24 school years.  The district cross-appeals from that portion of the IHO's decision which, among other things, awarded the parent compensatory education through November 2024.  The appeal must be dismissed.  The cross-appeal must be dismissed.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund the costs of her daughter's private services delivered by Grow With Us, LLC (Grow With Us) for the 2023-24 school year and dismissed the parent's due process complaint notice for lack of subject matter jurisdiction.  The district cross-appeals from the IHO's factual findings.  The appeal must be sustained in part.  The cross-appeal must be sustained in part.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which dismissed her due process complaint notice regarding respondent's (the district's) provision of educational services to her son for the 2023-24 school year.  The appeal must be sustained, and the matter remanded to the IHO for further proceedings.

This proceeding arises under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Petitioners (the parents) appeal from a decision of an impartial hearing officer (IHO) which denied their request that respondent (the district) fund the costs of their son's program at the Reach for the Stars ("RFTS") for June 2024 of the 2023-24 school year.  The district cross-appeals from that portion of the IHO's decision which determined that equitable considerations supported the parents' requested relief and ordered the district to fund the costs of the student's services at RFTS for July 2023 through May 2024 of the 2023-24 school year.  The appeal must be sustained.  The cross-appeal must be dismissed.