Decisions

Appeal Withdrawn

Appeal Withdrawn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 be reimbursed for her son's tuition costs at the International Institute for the Brain (iBrain) for the 2021-22 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 determined that the educational program and services respondent's (the district's) Committee on Special Education (CSE) had recommended for her daughter for the 2021-22 school year 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.  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 Mary McDowell Friends School (Mary McDowell) for the 2021-22 school year.  Respondent (the district) cross-appeals from the IHO's determination that it failed to prove that it had provided an appropriate educational program to the student for that year.  The appeal must be sustained, and the matter remanded for further administrative proceedings.  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 Shefa School (Shefa) for the 2021-22 school year.  The appeal must be dismissed.

Appeal Withdrawn

Appeal Withdrawn

As further described below, this State-level administrative review is being conducted pursuant to an order of remand issued by the United States District Court for the Eastern District of New York (see V.A. v. New York City Dep't of Educ., 2022 WL 1469394 [E.D.N.Y. May 10, 2022]).  This proceeding initially arose 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) previously appealed from the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for the costs of her daughter's tuition at the Lowell School (Lowell) for the 2018-19 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 the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for her son's tuition costs at the International Institute for the Brain (iBrain) for the 2021-22 school year.  Respondent (the district) cross-appeals from the IHO's determination that equitable considerations favored the student's parent. The appeal must be dismissed. 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 denied their request to be reimbursed for the costs of the student's individual nursing services while she attended the International Institute for the Brain (iBrain) for the 2021-22 school year and which denied their request to order respondent (the district) to provide the student with an assistive technology device.  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 to be reimbursed for their son's tuition costs at the Aaron School for the 2021-22 school year.  Respondent (the district) cross-appeals from the IHO's determination that it failed to demonstrate that it had offered to provide an appropriate educational program to the student for the 2021-22 school year.  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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which denied their request for direct funding and reimbursement for their son's tuition costs at the Rebecca School for the 2021-22 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 respondent (the district) offered her son appropriate educational programs and related services for the 2020-21 and 2021-22 school years and denied her request to be reimbursed for her son's tuition costs at the Shrub Oak International School (Shrub Oak) for the 2020-21 and 2021-22 school years.  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 and additional costs at the International Institute for the Brain (iBrain) for the summer portion of the 2021-22 extended 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 the decision of an impartial hearing officer (IHO) which denied in part her request to be reimbursed for her son's tuition costs at the International Institute for the Brain (iBrain) for the 2020-21 and 2021-22 school years.  Respondent (the district) cross-appeals from the IHO's determination that it failed to demonstrate that it had offered to provide an appropriate educational program to the student for those school years.  The appeal must be dismissed.  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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which dismissed their due process complaint notice against respondent (the district) regarding the 2021-22 school year with prejudice.  The appeal must be sustained, and the matter remanded for further administrative proceedings.