Mark Gutman

Mark Gutman's Legal Cases (7)

New York, NY

Education Lawyer at New York, NY

Practice Areas: Education, Juvenile ... +2 more

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Education

State Education Department, State Review Office 23-255

Jan 12, 2024

OUTCOME: Student awarded compensatory counseling and occupational therapy to remedy a two-year denial of an appropriate education, even when the lower impartial hearing officer tried to deny all relief.

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 th ... e decision of an impartial hearing officer (IHO) which denied her request for compensatory education to remedy respondent's (the district's) failure to offer their daughter an appropriate educational program and services for the 2021-22 and 2022-23 school years. The appeal must be sustained in part.

Education

State Education Department, State Review Office 23-059

May 11, 2023

OUTCOME: Awarded compensatory services for 40 hours per week of ABA therapy for full school year, along with directive requiring the IEP team to locate an appropriate non-public school which utilizes ABA therapy throughout the school day.

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 changes to the individualized education program (IEP) that respondent's (the district's) Committee on Special Education (CSE) had recommended for her son for the 2022-23 school year, compensatory education, and other relief. The district cross-appeals from that portion of the IHO's decision which ordered the district to fund a placement of the parent's choosing if the district failed to develop an IEP and identify a placement for the student. The appeal must be sustained in part. The cross-appeal must be sustained in part.

Education

State Education Department, State Review Office 21-198

Nov 26, 2021

OUTCOME: Student awarded 30 hours per week of home based ABA therapy and 1,800 hours of compensatory ABA therapy, 30 hours of Parent Counseling and Training, transportation reimbursement, and limited bus travel time

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 ... the decision of an impartial hearing officer (IHO) which found that that the district's failure to offer an appropriate educational program to respondent's (the parent's) son for the 2019-20 and 2020-21 school years was a gross violation of the IDEA and ordered extended age-eligibility for two additional school years. The appeal must be sustained.

Education

State Education Department, State Review Office 21-197

Nov 26, 2021

OUTCOME: Defended appeal against school district alleging student's private placement was not appropriate. Had lower judge's decision upheld and full tuition order to private school.

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 ... the decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondent's (the parent's) son for the 2019-20 and 2020-21 school years, awarded compensatory educational services, and ordered it to directly fund her son's tuition costs at the International Institute for the Brain (iBrain) for the 2020-21 school year. The appeal must be sustained in part.

Education

State Education Department, State Review Office 20-158

Nov 30, 2020

OUTCOME: Awarded full tuition to private school for the client, twice in one year.

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 ... the decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondent's (the parent's) son and ordered it to fund the costs of their son's tuition at the Happy Hour 4 Kids (HH4K) school for a portion of the 2019-20 school year. The appeal must be dismissed.

Education

State Education Department, State Review Office 20-145

Nov 06, 2020

OUTCOME: Full rates for compensatory services awarded for client.

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 ordered compensatory education services at hourly rates lower than those requested by the parent to remedy respondent's (the district's) Committee on Special Education's (CSE's) failure to recommend appropriate educational and related services to her son for the 2017-18, 2018-19, and 2019-20 school years. The appeal must be sustained.

Education

State Education Department, State Review Office 20-080

Jun 18, 2020

OUTCOME: Awarded full tuition to private school for the client

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 ... the decision of an impartial hearing officer (IHO) which found that it failed to offer an appropriate educational program to respondent's (the parent's) son and ordered it to fund the costs of her son's tuition at the Aaron School (Aaron) for the 2019-20 school year. The appeal must be sustained in part.

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