Decisions
(* = Appeal Withdrawn)
24-323
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) issued after remand, which denied in part her request that the district directly fund the costs of her son's tuition at the International Academy for the Brain (iBrain) and related expenses for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision that ordered the district to directly fund a portion of the student's tuition at iBrain for the 2023-24 school year. The appeal must be dismissed. The cross-appeal must be dismissed.
24-323.pdf24-322
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 funding by respondent (the district) for the full costs of their son's services provided by Reach for the Stars (RFTS) during the 2023-24 school year. The appeal must be sustained.
24-322.pdf24-321
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 Tachlis Ed Services, LLC (Tachlis) for the 2023-24 school year. The district cross-appeals from those portions of the IHO's decision which ordered it to conduct evaluations of the student and which dismissed the parent's request for compensatory education without prejudice. The appeal must be sustained. The cross-appeal must be sustained in part.
24-321.pdf24-320 *
24-318
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 found that respondent (the district) offered their daughter appropriate educational programming and denied their request for reimbursement of their daughter's tuition costs at The Windward School (Windward) for the 2023-24 school year. The appeal must be dismissed.
24-318.pdf24-317
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 order the full costs under the parent's contracts for transportation services from Sisters Travel and Transportation Services, LLC (Sisters Travel) and nursing services from B&H Health Care, Inc. (B&H Health Care) for the 2023-24 school year. The district cross-appeals from that portion of the IHO's decision which found that it failed to offer an appropriate educational program to the student and ordered it to reimburse the parent for her daughter's tuition costs at iBrain for the 2023-24 school year and other related costs. The appeal must be sustained. The cross-appeal must be sustained in part.
24-317.pdf24-316
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.
24-316.pdf24-315
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.
24-315.pdf24-314
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.
24-314.pdf24-313
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.
24-313.pdf24-312
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.
24-312.pdf24-311
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.
24-311.pdf24-309
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.
24-309.pdf
24-308 *
24-307
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.
24-307.pdf24-306
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.
24-306.pdf24-305
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.
24-305.pdf24-301 *
24-299 *
24-298
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.
24-298.pdfPages
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