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 denied her request that respondent (the district) fund the costs of her son's private services delivered by EdZone, LLC (EdZone) 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 the decision of an impartial hearing officer (IHO) which denied their request for direct funding of the full cost of their son's attendance at Atidaynu – Our Future School (Atidaynu) for summer 2021, and further found that Reach for the Stars Learning Center (RFTS-LC) was not an appropriate unilateral placement for the student for the 10-month 2021-22 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 for respondent (the district) to reimburse them for the costs of their daughter's tuition at the Winston Preparatory School Online Program (Winston Online) 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.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which denied her request for compensatory education related to the 2021-22 and 2022-23 school years.  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 to be reimbursed for their son's tuition at the Darrow School (Darrow) 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.  Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO) which denied in part her request for compensatory education services to remedy respondent's (the district's) failure to offer her son an appropriate educational program for  the 2022-23 and 2023-24 school years.  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), through a lay advocate, appeals from a decision of an impartial hearing officer (IHO) which, as relevant here, reduced the contracted hourly rate for her son's (student's) unilaterally-obtained special education teacher support services (SETSS) delivered by EDopt, LLC (EDopt) for the 2023-24 school year.  The district cross-appeals seeking, in pertinent part, the dismissal of the appeal due to petitioner's untimely service of a request for review.  The appeal must be dismissed.  The cross-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.  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 delivered by Kew Gardens SEP, Inc. (Kew Gardens) for the12-month 2023-24 school year.  The district cross-appeals from that portion of the IHO's decision which found the parents' unilaterally obtained services were appropriate.  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 son's private services delivered by Kinship Resources, LLC (Kinship Resources) for the 2023-24 school year.  The district cross-appeals raising equitable considerations.  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 terminated the parent's due process complaint notice with prejudice.  The appeal must be dismissed.

These proceedings arise under the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. §§ 1400-1482) and Article 89 of the New York State Education Law.  Appeal No. 24-304 and Appeal No. 24-310 are decided together because, as described below, they involve the same student and the same school year.  With respect to Appeal No. 24-304, petitioners (the parents) appeal from the decision of an impartial hearing officer (IHO) which dismissed their due process complaint notice requesting tuition reimbursement from respondent (the district) for the student's attendance at Kulanu Academy (Kulanu) for the 10-month portion of the 2023-24 school year without prejudice.  The appeal must be dismissed.  In connection with Appeal No. 24-310, petitioner (the district) appeals from the decision of an 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 Big N Little: Stars of Israel (Stars of Israel) for the summer portion of the 2023-24 school year.  The appeal must be sustained.

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 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 awarding compensatory education services.  The appeal must be dismissed.  The cross-appeal must be sustained to the extent indicated.

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 (Step Ahead) for the 2023-24 school year.  The district cross-appeals the IHO's award of funding for speech-language services delivered by Step Ahead during the 2023-24 school year and requests an annulment of the IHO's award of compensatory SETSS.  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.  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 son's unilaterally-obtained special education teacher support services (SETSS) delivered by EdZone, LLC (EdZone) for the 2023-24 school year.  The district cross-appeals from that portion of the IHO's decision which awarded the parent with related services authorizations (RSAs).  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.  Petitioners (the parents) appeal from a decision of an impartial hearing officer (IHO) which denied their request to be reimbursed for their child's tuition at Three Points Center (Three Points) 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.  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 during the 2021-22, 2022-23, and 2023-24 school years and ordered it to reimburse the parents for the costs of their son's tuition at the Flex School (Flex) for the 2022-23 and 2023-24 school years.  The appeal must be sustained.