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 parent) appeals, 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) which denied her request for a determination that her son's pendency (stay put) placement was the Titus School (Titus) during a due process proceeding challenging the appropriateness of respondent's (the district's) recommended education program for the student for the 2019-20 school year.  The district cross-appeals from the IHO's use of the substantial similarity standard to determine the student's pendency placement.  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 increase the hourly rate paid by the district for their daughter's special education teacher for services provided during the 2018-19 school year.  The 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Appeal Withdrawn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 denied their request to be reimbursed for their daughter's tuition costs at The Storm King School (Storm King) 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 to be reimbursed for her son's tuition costs at the WayPoint Academy (WayPoint) 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 determined that the educational program and residential placement recommended by respondent's (the district's) Committee on Special Education (CSE) for her son for the 2018-19 and 2019-20 school years was appropriate.  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 denied her request to be reimbursed for the cost of her daughter's tuition at a nonpublic school (NPS) for the 2016-17 school year. Respondent (the district) cross-appeals from the IHO's denial of its motion to dismiss the parent's claims based on the IDEA's statute of limitations. 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 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 fund the costs of her son's tuition at the Aaron School (Aaron) for the 2019-20 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 parent) appeals from a decision of an impartial hearing officer (IHO) which denied, in part, the parent's request for compensatory education services, as well as an order of placement at a State-approved nonpublic school, to remedy respondent's (the district's) failure to provide the student 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

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 order respondent (the district) to provide for her daughter's future education in a private school.  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 determined that the educational program and services recommended by its Committee on Special Education (CSE) for respondents' (the parents') son for the 2018-19 and 2019-20 school years were not appropriate.  The 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 denied their request to be reimbursed for their son's tuition costs at the International Institute for the Brain (iBrain) for the 2018-19 school year.  Respondent (the district) cross-appeals from the IHO's determination that iBrain was an appropriate unilateral placement for the student for that 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, pursuant to section 8 NYCRR 279.10(d) of the Regulations of the Commissioner of Education, from an impartial hearing officer's (IHO's) deferral of a decision regarding the student's pendency (stay put) placement during a due process proceeding challenging the appropriateness of respondent's (the district's) recommended educational program for the student for the 2019-20 school year.  The appeal must be remanded to the IHO 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 dismissed the parents' claims as moot.  The district joins in the parents' assertion that the IHO erred in dismissing the matter as moot, and cross-appeals from the IHO's finding that it failed to offer the student an appropriate educational program for the 2018-19 school year.  The appeal and cross-appeal must be sustained in part.