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 from the decision of an impartial hearing officer (IHO) which dismissed the parent's due process complaint notice regarding her son's educational program for the 2023-24 school year with prejudice.  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 daughter's tuition costs at Bais Frieda Child Care Center Inc. (Bais Frieda) for the 2022-23 school year.  Respondent (the district) cross-appeals from the IHO's determination that it failed to demonstrate it had offered to provide an appropriate educational program to the student for the 2022-23 school year.  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 her request for respondent (the district) to fund an independent educational evaluation (IEE) of her son.  The appeal must be sustained in part and the matter 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.  Petitioner (the parent) appeals from the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for the costs of an independent educational evaluation (IEE).  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Appeal Withdrawn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.  Petitioner (the parent) appeals from the decision of an impartial hearing officer (IHO) which granted respondent's (the district's) motion to dismiss the parent's claims pertaining to her son's educational programs for the 2019-20 and 2020-21 school years and determined that the educational programs the district's Committee on Special Education (CSE) had recommended for her son for the 2021-22 and 2022-23 school years were appropriate.  The district cross-appeals from that part of the IHO's decision which ordered it to provide the parent with educational records between the 2018-19 and the 2022-23 school years.  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 granted respondent's (the district's) motion to dismiss the parent's claims pertaining to her son's educational program for the 2021-22 school year based on the IDEA's statute of limitations. 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) insofar as the relief ordered by the IHO in the form of reciting an appropriate educational program for his son for the 2022-23 school year omitted the provision of a 1:1 paraprofessional.  The appeal must be sustained.