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.  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) determining the student's pendency placement during a due process proceeding challenging the appropriateness of respondent's (the district's) recommended educational program for the student for the 2020-21 school year.  The IHO determined that the student's pendency placement was the placement established pursuant to an unappealed IHO decision, dated June 8, 2020 (June 2020 IHO decision).  The appeal must be dismissed.

Appeal Withdrawn

Appeal Withdrawn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 did not grant all of the relief sought by the parent to remedy respondent's (the district's) failure to offer or provide the student with an appropriate educational program and services for the 2017-18, 2018-19, and 2019-20 school years.  The appeal must be sustained in part.

Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which determined that respondent (the district) offered their son an appropriate educational program 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.  Petitioners (the parent) appeals from the decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund the costs of privately obtained special education services at an enhanced rate for the 2019-20 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 direct payment for special education instructional services for the 2019-20 school year.  Respondent (the district) cross-appeals from that portion of the IHO's decision which failed to determine whether the parent was legally obligated to pay for the special education services provided to the student.  The appeal must be dismissed.  The cross-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 the decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund the costs of 10 hours per week of privately-obtained special education teacher support services (SETSS) at an enhanced rate for the 2019-20 school year.  The district cross-appeals from that portion of the IHO's decision which found that it was required to fund five hours per week of SETSS for the 2019-20 school year.  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.  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 Gillen Brewer School (Gillen Brewer) for a portion of the 2019-20 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 found the petitioners' daughter ineligible for special education services from respondent (the district) beyond September 1, 2019 and limited tuition reimbursement for The Keswell School (Keswell) for the 2019-20 school year to the student's attendance during summer 2019.  The district cross-appeals from the IHO's award of tuition reimbursement for summer 2019.  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 ordered it to evaluate the respondent's (the parent's) son or, alternatively, to fund an independent educational evaluation (IEE).  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 the decision of an impartial hearing officer (IHO) which determined that respondent (the district) offered her son an appropriate educational program for the 2020-21 school year.  The appeal must be dismissed.