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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which denied their request to be reimbursed by respondent (the district) for their son's tuition costs at the International Institute for the Brain (iBrain) for the 2020-21 school year.  Respondent (the district) cross-appeals from the IHO's determination that equitable considerations did not bar an award of tuition reimbursement to the parents.  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 dismissed, with prejudice, their due process complaint notice that sought reimbursement for their son's tuition costs at the IVDU Upper School (IVDU) 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 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') daughter and ordered it to reimburse the parents for their daughter's tuition costs at the Southport School (Southport) for the 2020-21 school year.  The appeal must be dismissed.

APPEAL WITHDRAWN

APPEAL WITHDRAWN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 dismissed, without prejudice, her request for compensatory educational services.  Respondent (the district) cross-appeals those portions of the IHO's decision which determined that the district failed to offer the student a free appropriate public education (FAPE) and which directed the district to continue to provide the student with pendency placement services until the parties developed an agreed-upon IEP, as well as funding various independent educational evaluations (IEEs).  The appeal must be sustained in part, the cross-appeal must be sustained in part, and for reasons set forth below, 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.  Petitioner (the parent) appeals from the decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund the costs of privately obtained special education teacher support services (SETSS) at an enhanced rate for the 2020-21 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) which found that it failed to offer an appropriate educational program to respondents' (the parents') son for the 2020-21 school year and ordered it to fund compensatory education services.  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 by respondent (the district) for her son's tuition costs at the International Institute for the Brain (iBrain) for the 2020-21 school year.  The district cross-appeals asserting that the IHO erred in awarding district funding for the student's tuition and related expenses at iBrain.  The appeal must be sustained in-part.  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, among other things, denied their request to be reimbursed for their son's tuition costs at the International Institute for the Brain (iBrain) 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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which determined that respondent (the district) offered the student an appropriate educational program and denied their request to be reimbursed for their son's tuition costs at the Pathway Study Center, Inc. (Pathway) 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 district) appeals from a decision of an impartial hearing officer (IHO) which awarded 400 hours of compensatory educational services and which ordered the district to modify the student's IEP to include particular programs and services and to fund a neuropsychological reevaluation of the student.  Respondent (the parent) cross-appeals from those portions of the IHO's decision which found that the special education programs and related services recommended by the Committee on Special Education (CSE) for the 2017-18 and 2018-19 school years were appropriate.  The appeal must be sustained in part.  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 she asserts denied, in part, her request for compensatory education for the student.  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 for reimbursement from respondent (the district) for her daughter's tuition costs at the Cooke School and Institute (Cooke) 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 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) daughter and ordered it to reimburse the parent for his daughter's tuition costs at the Aaron School for 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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which determined that respondent (the district) correctly found that the student was not eligible for special education services and denied the parents' request to be reimbursed for their son's tuition costs at the Sundance Canyon Academy (Sundance) for 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.  Petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which denied their request to be reimbursed for the costs of their daughter's tuition at the Bay Ridge Preparatory School (Bay Ridge) for the 2019-20 school year. 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 the unilateral placement respondents (the parents) obtained for their son was appropriate and ordered it to reimburse the parents for their son's tuition costs at the Trinity-Pawling School (Trinity-Pawling) 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 dismissed, without prejudice, her due process complaint notice that sought compensatory education services.  The appeal must be sustained, and for reasons set forth below, the matter is remanded for further administrative proceedings.