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(* = Appeal Withdrawn)

19-063 *

Appeal Withdrawn.
Topical Index:

19-061

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 dismissed the parent's claims related to the 2015-16 school year as barred by the IDEA's statute of limitations and further denied the relief sought by the parent to remedy respondent's (the district's) failure to provide her son with an appropriate educational program for the 2016-17, 2017-18, and 2018-19 school years.  The appeal must be sustained in part.

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Topical Index:
Parent Appeal, Preliminary Matters, Additional Evidence/Record Issues, Conduct of Impartial Hearing, IHO Qualifications/Bias, Scope of Review, Statute of Limitations, Relief, Compensatory Education, Additional Services

19-060

19-059

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 the parent's request for an order directing respondent (the district) to provide pendency and 12-month services for her son for the 2019-20 school year.  The appeal must be sustained.

PDF icon 19-059.pdf

Topical Index:
12-Month Services/Extended School Year (ESY), Educational Placement, Resource Room, Parent Appeal, Pendency, Preliminary Matters, Additional Evidence/Record Issues, Conduct of Impartial Hearing, Discovery Issues, IHO Qualifications/Bias, Scope of Hearing, Related Services, Occupational Therapy, Relief, Compensatory Education, Unimplemented Services, Reimbursement (Tuition, Private Services), Remand to IHO

19-058

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 decision of an impartial hearing officer (IHO) which denied their request to be reimbursed for their daughter's tuition costs at the International Institute for the Brain (iBrain) for the 2018-19 school year.  The appeal must be sustained in part.

PDF icon 19-058.pdf

Topical Index:
CSE Process, Prior Written Notice, Procedural Safeguards Notice, Equitable Considerations, Parent Cooperation, Parent Appeal, Preliminary Matters, Additional Evidence/Record Issues, Burden of Proof, Conduct of Impartial Hearing, Discovery Issues, IHO Qualifications/Bias, Pleadings, Compliance with Form, Scope of Review, Related Services, Counseling/Social Work Services, Health/Nurse Services, Occupational Therapy, Physical Therapy, Speech-Language Therapy (Pathology), Vision Therapy, Relief, Reimbursement (Tuition, Private Services), Unilateral Placement, Adequacy of Instruction, Adequacy of Related Services

19-057

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 decision of an impartial hearing officer which found that respondent (the district) correctly determined the student was ineligible for special education and related services and denied the parents' request to be reimbursed for their daughter's tuition costs at the Staten Island Academy (SIA) for a portion of the 2017-18 school year, and all of the 2018-19 school year.  The appeal must be dismissed.

PDF icon 19-057.pdf

Topical Index:
CSE Process, Sufficiency of Evaluative Info, IDEA Eligibility, Adverse Effect, Disability Category/Classification, Requires Special Education, Parent Appeal, Preliminary Matters, Additional Evidence/Record Issues, IHO Qualifications/Bias, Pleadings, Compliance with Form, Scope of Review

19-056

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 determined that the educational program and services recommended by its Committee on Special Education (CSE) for respondent's (the parent's) daughter for the 2017-18 school year were not appropriate.  The appeal must be sustained in part.

PDF icon 19-056.pdf

Topical Index:
District Appeal, Educational Placement, Consultant Teacher, Special Class, Least Restrictive Environment (LRE), Preliminary Matters, Pleadings, Compliance with Form, Related Services, Counseling/Social Work Services, Relief, CSE Reconvene, Compensatory Education, Additional Services, Prospective Placement

19-054

19-053

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 cost of transportation and the cost of private services obtained for her son for the 2017-18 school year, among other claims.  Respondent (the district) cross-appeals from the IHO's determination that it failed to demonstrate that it had offered to provide an appropriate educational program to the student for the 2015-16 school year, among other claims.  The appeal must be sustained in part.  The cross-appeal must be dismissed.

PDF icon 19-053.pdf

Topical Index:
Accommodations/Management Needs, Annual Goals, CSE Process, Consideration of Evaluative Info, Meeting Timeliness, Parent Participation, Predetermination, Prior Written Notice, Request to (Re)Convene, District Appeal, Educational Placement, Extended Day/Home-Based/ Residential Services, Home and Hospital, Nonpublic School, Equitable Considerations, 10-day/CSE notice of placement, Parent Cooperation, CSE Participation, Provision of Private Evaluative Info, Parent Appeal, Preliminary Matters, Scope of Review, Statute of Limitations, Related Services, Counseling/Social Work Services, Relief, Independent Educational Evaluations (IEE), Reimbursement (Tuition, Private Services), Remand to IHO, Transportation/Travel Costs, Response to Intervention (RTI)/ Academic Intervention Services (AIS), Special Factors, Interfering Behaviors (FBA/BIP), Transition Plan (school to school), Transportation Services, Unilateral Placement, Adequacy of Instruction, Progress

19-052

19-050 *

Appeal Withdrawn.
Topical Index:

19-049 *

Appeal Withdrawn.
Topical Index:

19-047

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 2) which denied her request to be reimbursed for the student's tuition costs at Camp Ramapo (Camp Ramapo) for the extended school year portion of the 2018-19 school year.  The appeal must be sustained in part.

 

PDF icon 19-047.pdf

Topical Index:
12-Month Services/Extended School Year (ESY), Implementation/Assigned School, Building/Classroom Size, Deviation from IEP/Failure to Implement IEP Services, Grouping, Location, Least Restrictive Environment (LRE), Parent Appeal, Preliminary Matters, IHO Qualifications/Bias, Unilateral Placement, Adequacy of Instruction, Adequacy of Related Services, Progress

19-046 *

Appeal Withdrawn.
Topical Index:

19-045 *

Appeal Withdrawn.
Topical Index:

19-044 *

Appeal Withdrawn
Topical Index:

19-043

19-042 *

Appeal Withdrawn.
Topical Index:

19-041 *

Appeal Withdrawn.
Topical Index:

19-040

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 the 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 costs at the Fusion Academy (Fusion) for a portion of the 2016-17 school year, the 2017-18 school year, and future school years.  The appeal must be sustained.

PDF icon 19-040.pdf

Topical Index:
Annual Goals, CSE Process, Consideration of Evaluative Info, Parent Participation, Sufficiency of Evaluative Info, District Appeal, Implementation/Assigned School, Building/Classroom Size, Deviation from IEP/Failure to Implement IEP Services, Methodology, Methodology, Present Levels of Performance, Reading Services

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