Advance Decisions Search
(* = Appeal Withdrawn)
24-460
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) which did not award funding for the full costs of services provided to her son by Little Apple Services, LLC (Little Apple) for the 2023-24 school year. Respondent (the district) cross-appeals asserting that the IHO lacked subject matter jurisdiction over the matter. The appeal must be sustained. The cross-appeal must be dismissed.
24-460.pdf24-458
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 the parent's claims due to the parent and respondent (the district) exhibiting "a pattern of non-responsiveness." The appeal must be dismissed.
24-458.pdf24-457
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 tuition at the Mill Basin Yeshiva Academy - Yesod Program (Yesod) for the 2021-22 school year. The appeal must be sustained.
24-457.pdf24-456
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 son's tuition at the Mill Basin Yeshiva Academy - Yesod Program School (Yesod) for the 2022-23 school year. The district cross-appeals from that portion of the IHO's decision which granted the parent's request for direct funding. The appeal must be sustained. The cross-appeal must be dismissed.
24-456.pdf24-455
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, 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), which declined to issue an updated pendency order during a due process proceeding challenging the appropriateness of respondent's (the district's) recommended educational program for the student for the 2023-24 school year. The appeal must be dismissed.
24-455.pdf24-454
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 that portions of a decision of an impartial hearing officer (IHO) which, among other things, denied their request that respondent (the district) fund the costs of their daughter's private services delivered by Yes I Can for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which found that the parents demonstrated the private services were appropriate. The appeal must be sustained in part. The cross-appeal must be sustained in part.
24-454.pdf24-453
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 dismissed their claims seeking direct funding for the costs of privately obtained services from Yes I Can for the 2023-24 school year. Respondent (the district) cross-appeals that portion of the IHO's decision which made alternative findings in the parents' favor. The appeal must be sustained in part and remanded further proceedings. The cross-appeal must be sustained in part.
24-453.pdf24-448
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.
24-448.pdf24-447
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 private services delivered by Beyond Limits Support Services (Beyond Limits) for the 2023-24 school year. The appeal must be dismissed. The cross appeal must be sustained in part.
24-447.pdf24-446
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.
24-446.pdf24-445
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.
24-445.pdf24-444
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 their request for the costs of nursing and transportation services for the 2024-25 school year. The district cross-appeals from the IHO's denial of the district's motion to dismiss the parent's due process complaint notice due to an alleged failure to participate in a resolution meeting. The appeal must be dismissed. The cross-appeal must be dismissed.
24-444.pdf24-443
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 Alpha Student Support (Alpha) for the 2023-24 school year. The appeal must be dismissed.
24-443.pdf24-442 *
24-441
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 decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for the costs of her son's unilaterally-obtained special education teacher support services (SETSS) delivered by Yeled v'Yalda, ECC (Yeled) for the 2023-24 school year. The district cross-appeals from the IHO's decision. The appeal must be dismissed. The cross-appeal must dismissed.
24-441.pdf24-439
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 daughter's tuition at the International Academy for the Brain ("iBrain") for the 2024-25 school year. The appeal must be dismissed.
24-439.pdf24-438
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.
24-438.pdf24-437
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 decision of an impartial hearing officer (IHO) issued after remand that the parent's son's pendency required the respondent (the district) to reimburse the transportation costs only for the days the student attended the International Academy for the Brain (iBrain) for the 2022-23 school year. The appeal must be dismissed.
24-437.pdf24-436
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 private paraprofessional services delivered by Upgrade Resources (Upgrade) for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which found the parent's unilaterally obtained services were appropriate and that equitable considerations warranted full funding, and further asserts a lack of subject matter jurisdiction. The appeal must be dismissed. The cross-appeal must be sustained in part
24-436.pdf24-435
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.
24-435.pdf