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 a decision of an impartial hearing officer (IHO) which, among other things, denied her request that respondent (the district) fund the costs of her son's private services delivered by Kinship Resources (Kinship) for the 2023-24 school year. The district cross-appeals, alleging that the IHO lacked subject matter jurisdiction to hear the parent's claims.  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 a decision of an impartial hearing officer (IHO) which denied her request for funding for her son's tuition, transportation, and nursing services at the International Academy for the Brain l (iBrain) for the 2023-24 school year.  Respondent (the district) cross-appeals from a portion of the IHO's decision that awarded an independent educational evaluation (IEE) to the parent.  The appeal must be dismissed.  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 a decision of an impartial hearing officer (IHO), which denied her request that respondent (the district) fund home-based applied behavioral analysis (ABA) services for her son for the 2024-25 school year.  The district cross-appeals, arguing that equitable considerations support denial of the parent's requested relief.  The appeal must be dismissed.  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 a decision of an impartial hearing officer (IHO) which denied their request to be reimbursed for their son's tuition at the Manhattan Star Academy School (MSA) for the 2023-24 school year.  The district cross-appeals from that portion of the IHO's decision which found that the unilateral placement of MSA was appropriate and requests all relief be denied.  The appeal must be dismissed.  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 that respondent (the district) fund the costs of her daughter's unilaterally-obtained services delivered by Little Mentchen, LLC (Little Mentchen) for the 2023-24 school year and which denied, in part, the parent's request for compensatory educational services.  The district cross-appeals from those portions of the IHO's decision which found that the student was entitled to pendency services and which found that the parent's unilaterally-obtained services were appropriate for the 2023-24 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.  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') daughter and ordered it to reimburse the parents for their daughter's tuition at the Winston Preparatory School (Winston Prep) for the 2021-22, 2022-23, and 2023-24 school years.  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 a decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for her daughter's tuition at the Devereux Glenholme School (Devereux) for the 2022-23 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 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 Alpha Student Support (Alpha) for the 2023-24 school year.  The appeal must be sustained, and the matter remanded to the IHO for further 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.  Petitioners (the parents) appeal from a decision of an impartial hearing officer (IHO) which denied their request that respondent (the district) fund the entire annual cost of their son's tuition at Imagine Academy Inc. (Imagine Academy) for the 12-month 2023-24 school year.  The district cross-appeals from those portions of the IHO's decision which determined that the educational program recommended by its Committee on Special Education (CSE) for the parents' son for the 10-month 2023-24 school year was not appropriate and ordered the district to fund the cost of a private neuropsychological evaluation.  The appeal must be sustained to the extent indicated, and 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 a decision of an impartial hearing officer (IHO) which denied her request that respondent (the district) fund the costs of her daughter's unilaterally-obtained special education teacher support services (SETSS) delivered by EDopt, LLC (EDopt) during the 2023-24 school year.  The district cross-appeals asserting that the IHO lacked subject matter jurisdiction to adjudicate the parent's claims.  The appeal must be dismissed.  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 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') daughter and ordered it to reimburse the parents for their daughter's tuition at the Windward School (Windward) for the 2023-24 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.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) to the extent it did not grant her request for respondent (the district) to fully fund the costs of her daughter's transportation services pursuant to her contract with Sisters Travel and Transportation Services, LLC (Sisters Travel), which provided for the student's travel to and from the International Academy for the Brain (iBrain) for the 2024-25 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 interim decision of an impartial hearing officer (IHO) which granted respondent's (the district's) motion to dismiss the parents' claims pertaining to the 2021-22 school year as barred by the 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 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 and ordered it to fund the student's private services delivered by Alpha Student Support (Alpha) for the 2023-24 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 a decision of an impartial hearing officer (IHO) which dismissed their due process complaint notice with prejudice for lack of subject matter jurisdiction.  The district cross-appeals from that portion of the IHO's decision which ruled, in the alternative, that the private special education services unilaterally obtained and delivered to the student from Yes I Can Services Inc. (Yes I Can) during the 2023-24 school year were appropriate, and which directed the district to reevaluate the student and recommend appropriate educational programming.  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.  Petitioner (the parent) appeals from the decisions of an impartial hearing officer (IHO) which severed the parent's claims in a due process complaint notice into separate proceedings, upheld a manifestation determination review (MDR) team's determination that the student's behavior was not a manifestation of her disability, sustained a school imposed disciplinary suspension, and determined that the educational program respondent's (the district's) Committee on Special Education (CSE) had recommended for her daughter for the 2023-24 school year was appropriate.  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 dismissed their due process complaint notice pertaining to the 10-month portion of the 2024-25 school year and limited the student's pendency entitlement to the date of the IHO's decision.  The district cross-appeals from that portion of the IHO's decision which ordered it to fund the costs of private special education services obtained by the parent during summer 2024 and which extended the student's pendency entitlement past summer 2024.  The appeal must be sustained in part.  The cross-appeal must be sustained in part.  The matter is remanded to the IHO for further 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.  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 daughter's private services for the 10-month portion of the 2024-25 school year.  The district cross-appeals from that portion of the IHO's decision which found no reason to reduce the requested award on equitable grounds.  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 a decision of an impartial hearing officer (IHO) which determined that the educational programs respondent's (the district's) Committee on Special Education (CSE) had recommended for their son for the 2021-22, 2022-23, and 2023-24 school years were appropriate and denied their request to be reimbursed for their son's tuition at the Imagine Academy (Imagine) for the 2023-24 school year.  The appeal must be dismissed.