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 respondents' (the parents') son and ordered it to reimburse the parents for their son's tuition costs at the Franklin Academy (Franklin) for part of the 2019-20 school year.  The parents cross-appeal from the IHO's determination which denied their request for full tuition reimbursement at Franklin for the 2019-20 and 2020-21 school years.  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 parent) appeals from the decision of an impartial hearing officer (IHO) which denied in part her requested relief for the 2019-20 and 2020-21 school years.  The appeal must be sustained in part.

Appeal Withdrawn

APPEAL WITHDRAWN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 district) appeals from the decision of an impartial hearing officer (IHO) which ordered the district to convene a Committee on Special Education (CSE) meeting to develop a new individualized education program (IEP) that recommends a specific special education program and placement for respondents' (the parents') son.  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Appeal Withdrawn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 the costs of the student's tuition at the Fusion Academy (Fusion) for the 2020-21 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.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which determined that respondent (the district) failed to offer her son a free appropriate public education (FAPE) for the 2019-20 and 2020-21 school years but declined to order all of the relief requested, namely compensatory academic services.  The district cross-appeals from the portion of the IHO's decision which denied the parent's request for compensatory academic services, asserting that further evidence was needed to determine the amount necessary to remedy the denial of a FAPE.  The appeal must be sustained in part.  The cross-appeal must be dismissed.

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 the student appropriate special education programming and denied their request to be reimbursed for their daughter's tuition costs at the Windward School (Windward) for the 2019-20 and 2020-21 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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which dismissed with prejudice their request for compensatory education arising out of 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 district) appeals from the decision of an impartial hearing officer (IHO) following remand, which found that it failed to offer a free appropriate public education (FAPE) to respondents' (the parents') daughter and ordered it to reimburse the parents for their daughter's tuition costs at the Riverview School (Riverview) for the 2016-17 and 2017-18 school years.  The parents cross-appeal from the IHO's decision not to address certain claims in finding a denial of FAPE.  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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which found that respondent (the district) failed to offer or provide the student an appropriate educational program and services for the 2018-19, 2019-20, and 2020-21 school years but denied, in part, their request for certain compensatory education as relief.  The appeal must be sustained in part.

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 a decision of an impartial hearing officer (IHO) which denied his request for compensatory education services and for a prospective change to his son's educational program and services to remedy respondent's (the district's) failure to provide an appropriate program and services to his son for the period of March through August 2020.  The district cross-appeals from that portion of the IHO's decision which found that it failed to provide the student an appropriate program and services for the period of March through June 2020.  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 denied her request for compensatory educational services and to be reimbursed for the costs of the student's tuition at the International Institute for the Brain (iBrain) for a portion of the 2020-21 school year, for the entirety of the 2021-22 school year, and which denied her request for transportation funding.  Respondent (the district) cross-appeals from the IHO's determination that iBrain was an appropriate unilateral placement for the student for the 2021-22 school year, as well as from the IHO's order directing the district to create an individualized education program (IEP) for the student with specific recommendations.  The appeal must be sustained in part, the cross-appeal must be sustained in part, and as explained herein, the matter must be remanded for further administrative proceedings.

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 independent educational evaluations (IEEs) and compensatory educational services for their son for the 2018-19, 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 the decision of an impartial hearing officer (IHO) which failed to order respondent's (the district's) Committee on Special Education (CSE) to reconvene to consider additional evaluative information that recommended assistive technology devices, additional accommodations and supports for her son.  The appeal must be dismissed.