Decisions

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 for the 2019-20 and 2020-21 school years, awarded compensatory educational services, and ordered it to directly fund her son's tuition costs at the International Institute for the Brain (iBrain) for the 2020-21 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 district) appeals from the decision of an impartial hearing officer (IHO) which ordered the district to reimburse respondents (the parents) for the costs of the student's tuition at Cherokee Creek Boys School (Cherokee Creek) and York Preparatory School (York Prep) for the 2018-19 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  and related costs at the Blue Sky Learning Center (Blue Sky) for the 2019-20, and 2020-21 school years.  The parents cross appeal from adverse determinations by the IHO.  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 the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for her son's tuition costs at the Big N Little: Stars of Israel Program (Stars of Israel) for the 2019-20 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APPEAL WITHDRAWN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 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 Fusion Academy (Fusion) for the 2018-19, 2019-20, and 2020-21 school years.  The parents cross-appeal from the IHO's determination of  their claims regarding parent participation, section 504 of the Rehabilitation Act of 1973 (section 504), award of private tutoring and related services, and CSE composition for the 2020-21 school year.  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 district) appeals from the decision of an impartial hearing officer (IHO) which ordered the district to reimburse respondents (the parents) for the costs of the student's tuition at the Lindamood-Bell Academy and the Children's Academy for the 2018-19 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 the decision of an impartial hearing officer (IHO) which denied her request for related services and reimbursement for the cost of a speech-language evaluation.  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 partially denied her request for payment of her daughter's tuition costs at the International Institute for the Brain (iBrain) for the 2018-19 school year due to the lack of vision education services for part of the school year.  Respondent (the district) cross-appeals from the IHO's determinations that iBrain was an appropriate unilateral placement for the student during the 2018-19 school year and that equitable considerations did not fully bar an award of the cost of tuition at iBrain for the 2018-19 school year.  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 district) appeals from the decision of an impartial hearing officer (IHO) which ordered the district to fund independent educational evaluations (IEEs) of the student.  Respondent (the parent) cross-appeals from those portions of the IHO's decision which failed to address all of the issues raised in the due process complaint notice and which dismissed the due process complaint notice without prejudice.  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 district) appeals from a decision of an impartial hearing officer (IHO) which ordered it to publicly fund three independent educational evaluations (IEEs) of respondent's (the parent's) son.  The parent cross-appeals from the IHO's dismissal of her remaining 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 district) appeals from a decision of an impartial hearing officer (IHO) which determined that the district denied the student a FAPE for the 2019-20 and 2020-21 school years and awarded respondent (the parent) compensatory educational services.  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 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 Churchill School (Churchill) 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 parent) appeals from a decision of an impartial hearing officer (IHO) which did not order all of 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 2019-20 and 2020-21 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 a decision of an impartial hearing officer (IHO) which set an expiration date for the use of compensatory education ordered to make-up for lapses in the delivery of stay-put services during the pendency of the proceedings.  Respondent (the district) cross-appeals from that portion of the IHO's decision which ordered the district to fund compensatory education for lapses in the delivery of stay-put services.  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 the decision of an impartial hearing officer (IHO) which determined that the educational program and services respondent's (the district's) Committee on Special Education (CSE) recommended for the student for a portion of the 2020-21 school year were appropriate.  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 denied their request  for respondent (the district) to provide compensatory education services to their daughter for the 2019-20 and 2020-21 school years and to provide transportation to and from the student's unilateral placement  at Academics West.  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 district) appeals from that portion of the decision of an impartial hearing officer (IHO) which directed the district to continue the pendency program for respondent's (the parent's son) after the close of the proceeding and place the student in a nonpublic school.  The parent cross-appeals from the IHO's decision not to direct the district to develop a specific program for the 2021-22 school year.  The appeal must be sustained.  The cross-appeal must be dismissed.