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 a decision of an impartial hearing officer (IHO) which denied, in part, funding for certain private services delivered to the student during summer 2024 and denied funding for private services arranged for by the parents for the student for the 10-month portion of the 2024-25 school year.  The district cross-appeals from the IHO's decision, contending that the IHO lacked subject matter jurisdiction to adjudicate the parents' claims and, alternatively, that the IHO erred in granting the parents any relief.  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 a decision of an impartial hearing officer (IHO) which dismissed the parent's claims due to the parent and respondent (the district) exhibiting "a  pattern of non-responsiveness."   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 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 Mill Basin Yeshiva Academy - Yesod Program (Yesod) for the 2021-22 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 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 tuition at the Mill Basin Yeshiva Academy - Yesod Program School (Yesod) for the 2022-23 school year.  The district cross-appeals from that portion of the IHO's decision which granted the parent's request for direct funding.  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, 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 declined to issue an updated pendency order during a due process proceeding challenging the appropriateness of respondent's (the district's) recommended educational program for the student for the 2023-24 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 that portions of a decision of an impartial hearing officer (IHO) which, among other things, denied their request that respondent (the district) fund the costs of their daughter's private 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 found that the parents demonstrated the private services were appropriate.  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 dismissed their claims seeking direct funding for the costs of privately obtained services from Yes I Can for the 2023-24 school year.  Respondent (the district) cross-appeals that portion of the IHO's decision which made alternative findings in the parents' favor.  The appeal must be sustained in part and remanded further proceedings.  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 denied their request to be reimbursed for the costs of their son's tuition at the Stephen Gaynor School (Stephen Gaynor) for the 2023-24 school year.  The district cross-appeals from those portions of the IHO's decision which found that Stephen Gaynor was an appropriate unilateral placement for the student for the 2023-24 school year and which found that equitable considerations weighed in favor of the parents' requested relief.  The appeal must be dismissed.  The cross-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 parent) appeals 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 her daughter for the 2021-22 and 2022-23 school years were appropriate.  The parent also appeals from those parts of the IHO's decision that denied her requested relief despite a finding that the district did not provide a free appropriate public education (FAPE) to her daughter 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 that part of a decision of an impartial hearing officer (IHO) determining her son's pendency placement during a due process proceeding challenging the implementation of respondent's (the district's) recommended educational program for the student for the 2024-25 school year.  The district cross-appeals asserting that the IHO lacked subject matter jurisdiction  and further cross-appeals from that portion of the IHO decision which dismissed the due process complaint without prejudice and ordered the Committee on Special Education (CSE) to reconvene and develop an individualized education services program (IESP) for the 2024-25 school.  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 that respondent (the district) fund the costs of her son's private services delivered by Beyond Limits Support Services (Beyond Limits) for the 2023-24 school year.  The appeal must be dismissed.  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 a decision of an impartial hearing officer (IHO) which, among other things, denied her request that respondent (the district) fund the costs of her daughter's private services delivered by Kinship Resources (Kinship) for the 2023-24 school year and dismissed her due process complaint notice.  The district cross-appeals and asserts that the IHO lacked subject matter jurisdiction over 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 granted her request that respondent (the district) fund the costs of her son's private services delivered by the providers of her choosing for the 2022-23 and 2023-24 school years but limited the funding to a reasonable market rate to be determined by the district.  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 a decision of an impartial hearing officer (IHO) which denied in part their request for the costs of nursing and transportation services for the 2024-25 school year.  The district cross-appeals from the IHO's denial of the district's motion to dismiss the parent's due process complaint notice due to an alleged failure to participate in a resolution meeting.  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 the costs of her daughter's private services delivered by Alpha Student Support (Alpha) for the 2023-24 school year.  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 parent) appeals from the decision of an impartial hearing officer (IHO) which denied her request to be reimbursed for the costs of her son's unilaterally-obtained special education teacher support services (SETSS) delivered by Yeled v'Yalda, ECC (Yeled) for the 2023-24 school year.  The district cross-appeals from the IHO's decision.  The appeal must be dismissed.  The cross-appeal must 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.  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 tuition at the International Academy for the Brain ("iBrain") for the 2024-25 school year.  The appeal must be dismissed.