Decisions

Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn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.  Petitioner (the parent) appeals from the decision of an impartial hearing officer (IHO) which determined that the parent's claims that respondent (the district) failed to offer appropriate special education programming to her son for the 2019-20 school year were moot and that the student was not eligible for pendency services during summer 2019.  The district cross-appeals from that portion of the IHO's decision which found that the parent's claims were moot.  The appeal must be sustained, the cross-appeal must be sustained, and the matter remanded to the IHO for additional findings.

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 without prejudice her due process complaint notice that sought reimbursement for her daughter's tuition costs at the Manhattan Star Academy (MSA) for the 2019-20 school year from respondent (the district).  The appeal must be sustained.