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 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Appeal Withdrawn

Appeal Withdrawn

Appeal Withdrawn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.

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 Higher Level Education Resources (HLER) for the 2023-24 school year.  The district cross-appeals from the IHO's decision arguing that that the IHO applied an incorrect legal standard, that the parent failed to demonstrate that the unilaterally-obtained services were appropriate for the student, and that the relief awarded by the IHO was not warranted.  The appeal must be dismissed.  The district's cross-appeal is sustained in part.

Petitioner (the parent) appeals from a decision of an impartial hearing officer (IHO 2) issued after a remand that was so ordered by the United States District Court for the Southern District of New York (see Davis v. Banks, 2023 WL 5917659 [S.D.N.Y. Sept. 11, 2023]).  IHO 2 determined after remand that respondent (the district) shall only fund the costs of the door-to-door transportation services that were actually provided to the student.  The appeal must be dismissed.

Petitioner (the district) appeals from a decision of an impartial hearing officer (IHO) issued after a remand that was so ordered by the United States District Court for the Southern District of New York (see V.B. v. New York City Dep't of Educ., 2024 WL 1120033 [S.D.N.Y. Mar. 14, 2024]).  The IHO determined after remand that the district shall directly fund and/or reimburse the parent for transportation services from February 9, 2021 through the end of the 2020-21 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, in part, their request that respondent (the district) fund the costs of their son's private transportation services to and from his unilateral placement at the International Academy for the Brain ("iBrain") for the 2023-24 school year.  The district cross-appeals from that portion of the IHO's decision which ordered it to conduct an assistive technology evaluation.  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 for respondent (the district) to fund an independent educational evaluation (IEE) of her son.  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 reduced the award of reimbursement/direct funding of her daughter's tuition at the Winston Preparatory School (Winston Prep) for the 2023-24 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 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 a portion of the IHO's decision, alleging that the IHO should have dismissed the parent's due process complaint notice on the ground that the student was not entitled to equitable services from the district for the 2023-24 school year.  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 Always a Step Ahead, Inc. (Step Ahead) 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) which denied her request that respondent (the district) fund the costs of her son's private services delivered by Learning Learners LLC (Learning Learners) 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 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 Learning Learners, LLC (Learning Learners) for the 2023-24 school year.  The appeal must be dismissed.