Decisions

Appeal Withdrawn

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 found that respondent (the district) did not deny a free appropriate public education (FAPE) to the parent's son for a portion of 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 the decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondent's (the parent's) son and ordered it to reimburse the parent for her son's tuition costs at the Big N Little: Tiferet Torah Program (Big N Little) for the 2022-23 school year.  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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which determined that the respondent (the district) met its child find obligations for the 2020-21 and 2021-22 school years and denied their request to be reimbursed for the full cost of their son's unilaterally obtained private services during the 2020-21, 2021-22, and 2022-23 school years.  Respondent cross-appeals from the IHO's determination that the district failed to demonstrate that it offered the student a free appropriate public education (FAPE) for a portion of the 2021-22 school year and the 2022-23 school year.  The appeal must be sustained in part.  The cross-appeal must be dismissed.

These proceedings arise under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  With respect to Appeal No. 23-147, petitioner (the parent) appeals from the decision of an impartial hearing officer (IHO) which denied, in part, relief sought by the parent to remedy respondent's (the district's) failure to offer and provide the student an appropriate educational program and services for the 2022-23 school year.  With respect to Appeal No. 23-159, the parent appeals from the decision of an IHO that dismissed her due process complaint notice relating to the 2022-23 school year with prejudice.  As appeals Nos. 23-147 and 23-159 involve the same student, the same school year, and overlapping issues, they will be decided together.  The appeals 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 did not order compensatory education services as relief to address respondent's (the district's) alleged failure to offer or provide appropriate services to the student for the 2021-22 school year.  The district cross-appeals from that portion of the IHO's decision which ordered it to fund private services obtained by the parent for his son for the 2021-22 school year.  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 dismissed the parent's due process complaint notice.  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 the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for the costs of her daughter's private 1:1 tutoring for the 2020-21, 2021-22, and 2022-23 school years.  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 the decision of an impartial hearing officer (IHO) which denied her request for public funding of an independent educational evaluation (IEE) for her daughter.  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 the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for her daughter's tuition costs at the Cooke School (Cooke) for the 2021-22 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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which determined that respondent (the district) offered the student a free appropriate public education (FAPE) and denied their request to be reimbursed for their daughter's tuition costs at the ICHUD Mosdos Hachinuch School (ICHUD) for the 2021-22 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 the 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 reimburse the parents for their son's tuition costs at the Cooke Center Academy (Cooke) for the 2020-21 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 the decision of an impartial hearing officer (IHO) which ordered it to reimburse respondent (the parent) for the costs of the student's tuition at Greenbrier Academy for Girls (Greenbrier) for a portion of the 2020-21 school year.  The appeal must be sustained in part.

Appeal Withdrawn

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 in part her request that respondent (the district) fund the costs of special education teacher support services (SETSS) delivered by Special Edge Support, LLC (Special Edge) at an enhanced rate for the 2022-23 school year.  The district cross-appeals from that portion of the IHO's decision that ordered the district to directly fund the costs of the student's SETSS at a capped rate.  The appeal must be dismissed.  The cross-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 held that the district did not deny her daughter a free appropriate public education (FAPE) for the 2022-23 school year and denied the parent's requested relief.  The respondent (the district) cross appeals the IHO's determination that the parent was entitled to a due process hearing.  The appeal and 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 the 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 reimburse the parents for part of their son's tuition costs at The Lang School (Lang) for the 2021-22 school year.  The appeal must be sustained.

Appeal Withdrawn

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 determined that the parent failed to timely request equitable services pursuant to New York State Education Law § 3602-c for the 2022-23 school year and dismissed the parent's due process complaint notice with prejudice.  Respondent (the district) cross-appeals from the IHO's failure to determine that the services privately obtained by the parent for her daughter for the 2022-23 school year were not appropriate.  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 found that the district offered the student a free and appropriate public education (FAPE) for the 2021-22 school year and dismissed the parent's due process complaint notice with prejudice.  The appeal must be dismissed.