Decisions
(* = Appeal Withdrawn)
23-013
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 determined that the respondents (the parents) resided in the district and that, therefore, the district was required to offer their son a free appropriate public education (FAPE) for the 2019-20 school year and a portion of the 2020-21 school year. The parents cross-appeal from that portion of the IHO's decision which denied in part their request for tuition reimbursement for the cost of the student's attendance at the Grove School (Grove) during the 2019-20 school year and a portion of the 2020-21 school year. The appeal must be sustained in part. The cross-appeal must be sustained.

23-012
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 a decision of an impartial hearing officer (IHO) which determined that the respondent's (district's) Committee on Special Education (CSE) was not responsible for creating an individualized education service program (IESP) for the parents' son for the 2022-23 school year because the parents' request for services was untimely. The district cross-appeals, alleging that the parents failed to demonstrate an obligation to pay for the student's services or the appropriateness of such services. The appeal must be sustained in part. The cross-appeal must be dismissed. The matter must be remanded to the IHO for further administrative proceedings.

23-011
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 Mother Franciska Elementary School (MFES) for the 2022-23 school year. The appeal must be dismissed.

23-010
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 her request for compensatory education and prospective changes to the student's educational program to remedy respondent's (the district's) failure to offer or provide appropriate educational services to her daughter for the 2021-22 school year. The district cross-appeals from that portion of the IHO's decision which ordered the district to reimburse the parent for the cost of unilaterally-obtained special education teacher support services (SETSS). The appeal must be sustained in part. The cross-appeal must be dismissed.

23-009
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 her request to be reimbursed for her daughter's tuition costs at the Special Torah Education Program (STEP) for the 2022-23 school year. The appeal must be sustained.

23-008 *
23-007 *
23-006
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 Vermont Academy for the 2021-22 school year. The appeal must be dismissed.

23-005
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 request to be reimbursed by the respondent (the district) for their daughter's tuition costs and transportation costs at the International Academy for the Brain (iBrain) for the 2022-23 school year. The appeal must be dismissed.

23-004
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 the parent's claims related to the 2014-15 through 2018-19 school years as barred by the IDEA's statute of limitations and denied the parent's request for compensatory education services. The appeal must be dismissed.

23-003 *
23-002 *
23-001 *
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