The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
If you are a parent in need of help for a child with a disability, please email us at firstname.lastname@example.org, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Sunday, August 10, 2008
New York SRO reverses yet another reimbursement award
SRO 08-051: Hearing officer awarded reimbursement to parents for private residential placement for severely behaviorally disordered child. SRO agreed that the district failed to offer an appropriate placement. Once again, however, as has been the pattern for the last 3 years, the SRO reversed the IHO award of reimbursement by finding that the parent had failed to establish the appropriateness of the parental placement. This is a detailed decision that on the one hand highlights the child’s behavioral progress at the placement, but ultimately weighs against the parent ostensibly for the child’s failure to make academic progress and for the failure to of the program to address the child’s behavioral needs in the way that SRO Kelly thinks they should be addressed. It is a harsh and I’m sure very disheartening decision to the family. Hopefully, the parent will appeal and the federal court will look more favorably upon what appeared to be a very reasonable placement choice by the parents.
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