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 determined that the educational program and services recommended by respondent's (the district's) Committee on Special Education (CSE) for the student for the 2020-21 school year was appropriate and denied the parent's request for compensatory education 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 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 determined that her son was not entitled to a stay-put placement during the pendency of the underlying due process proceeding.  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 ordered it to fund the costs of services that respondents (the parents) obtained for their daughter beginning in June 2020 and ordered that the district's Committee on Special Education (CSE) make specific recommendations at its next meeting.  The parents cross-appeal from that portion of the IHO's decision which denied their request for reimbursement for the costs of services that they obtained for their daughter during the 2018-19 school year.  The appeal must be sustained in part.  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 denied their requests to be reimbursed for their daughter's tuition costs at the Nord Anglia International School (NAIS), for the 2018-19 and 2019-20 school years and for compensatory education services.  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Appeal Withdrawn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 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 directly fund the cost of the student's tuition at the International Institute for the Brain (iBrain) for the 2019-20 school year.  The appeal must be sustained.

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 a decision of an impartial hearing officer (IHO) which dismissed parent's claims related to the 2012-13, 2013-14, 2014-15, and 2015-16 school years as barred by the IDEA's statute of limitations and which did not order all of the relief sought by the parent to remedy respondent's (the district's) failure to provide her son with an appropriate educational program for at least the 2016-17, 2017-18, and 2018-19 school years.  The appeal must be sustained in part.

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 respondents' (the parents') son and ordered it to reimburse the parents for their son's tuition costs at The Windward School (Windward) for the 2019-20 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.  Petitioners (the parents) appeal, 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) determining their son's pendency placement during a due process proceeding challenging the appropriateness of respondent's (the district's) recommended educational program for the student for the 2020-21 school year.  The appeal must be dismissed.

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.