Decisions
(* = Appeal Withdrawn)
24-397
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 that respondent (the district) fund the costs of her son's private services delivered by EdZone, LLC (EdZone) at a specified rate for the 2023-24 school year. The district cross-appeals asserting a lack of subject matter jurisdiction. The appeal must be sustained in part. The cross-appeal must be dismissed.

24-396
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 denied their request that respondent (the district) fund the costs of their son's private special education services delivered by Yes I Can for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which ordered funding for speech-language therapy services. The appeal must be sustained. The cross-appeal must be sustained in part.

24-395
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 son's tuition at the SINAI School (SINAI) for the 2021-22 school year. The appeal must be sustained.

24-394
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 that respondent (the district) fully fund the costs of her daughter's private special education teacher support services (SETSS) provided during the 2023-24 school year. The appeal must be dismissed.

24-393
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 that respondent (the district) fund the costs of her son's tuition at the Big N Little TOL/OYYL Program (TOL/OYYL) for the 2023-24 school year. The appeal must be dismissed.

24-392
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 that portion of a decision of an impartial hearing officer (IHO) which denied his request that respondent (the district) fund compensatory education special education teacher support services (SETSS) for the student related to the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which rejected the district's arguments to dismiss the parent's claims. The appeal must be sustained in part. The cross-appeal must be dismissed.

24-391
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 that respondent (the district) fund the costs of her son's private services delivered by Always A Step Ahead, Inc. (Step Ahead) for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which determined that the district waived the requirement for written notice from the parent by June 1 and further asserts that the IHO lacked subject matter jurisdiction over the parent's claims. The appeal must be dismissed. The cross-appeal must be sustained in part.

24-390
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 denied their request that respondent (the district) fund the costs of their son's private special education teacher support services (SETSS) delivered by Always a Step Ahead Inc. (Step Ahead) for the 2023-24 school year. The district cross-appeals asserting that the IHO erred in awarding funding for speech-language therapy and counseling services delivered by Step Ahead for the 2023-24 school year. The appeal must be sustained in part. The cross-appeal must be dismissed.

24-389
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 partially denied her request that respondent (the district) fund the costs of her daughter's private services delivered by Always a Step Ahead, Inc. (Step Ahead) for the 2023-24 school year. The district cross-appeals asserting a lack of subject matter jurisdiction, and also cross-appeals from those portions of the IHO's decision which awarded the parent funding for private services and found that the district waived its June 1 defense. The appeal must be sustained. The cross-appeal must be dismissed.

24-388
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 that respondent (the district) fund the costs of her daughter's private services delivered by Always a Step Ahead, Inc. (Step Ahead) for the 2023-24 school year. The district cross appeals from that portion of the IHO's decision which found that the district waived the requirement for written notice from the parent by June 1 and further asserts that the IHO lacked subject matter jurisdiction over the parent's claims. The appeal must be dismissed. The cross-appeal must be sustained to the extent indicated.

24-387
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, in part, her request that respondent (the district) fund the costs of her son's private services delivered by Always a Step Ahead (Step Ahead) for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which awarded the parent funding for speech-language therapy services. The appeal must be dismissed. The cross-appeal must be sustained.

24-386
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 that respondent (the district) fund the costs of her daughter's private services delivered by Always a Step Ahead, Inc. (Step Ahead) for the 2023-24 school year. The district cross-appeals asserting a lack of subject matter jurisdiction. The appeal must be sustained. The cross-appeal must be dismissed.

24-385 *
24-384
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, in part, her request that respondent (the district) fund the costs of her son's unilaterally-obtained special education itinerant teacher (SEIT) and speech-language therapy services delivered by EDopt, LLC (EDopt) for the 2023-24 school year. The district cross-appeals from the IHO's decision. The appeal must be dismissed. The cross-appeal must be sustained in part.

24-383
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 found that it denied the respondent's (the parent's) son a free appropriate public education (FAPE) for the 2021-22, 2022-23 and 2023-24 school years and ordered it to reimburse the parent for his son's tuition costs at the Winston Preparatory School (Winston Prep) for the 2022-23 and 2023-24 school years. The appeal must be sustained.

24-382 *
24-380
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 that respondent (the district) fund compensatory education, as well as other relief, for her son related to the 2023-24 school year. The appeal must be sustained in part.

24-379
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 found that she had not established that the private services obtained for her daughter were appropriate for the 2023-24 school year. Respondent (the district) cross-appeals from a portion of the IHO's decision which awarded compensatory education. The appeal must be dismissed. The cross-appeal must be dismissed.

24-378
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, 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 respondent's (the parent's) son's pendency placement during a due process proceeding challenging the district's determination that the student's age rendered him ineligible for special education and related services for the 2024-25 school year. The appeal must be dismissed.

24-377
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 found that it failed to offer an appropriate educational program to respondents' (the parents') son for the 2021-22 and 2022-23 school years and ordered it to fund compensatory services and independent educational evaluations (IEEs). Respondents (the parents) cross-appeal certain aspects of the compensatory award and the IHO's dismissal of the claims for the 2019-20 and 2020-21 school years. The appeal must be sustained in part. The cross-appeal must be sustained in part.

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