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Monday, August 25, 2008

SRO pounds parent attorney for procedural infirmities

SRO 08-053: Parent alleged that the district(presumably NYC) failed to provide her child with a FAPE. She placed her child in a private school and requested a hearing. After 3 days of testimony, the IHO found for the district. The parent appealed. SRO Paul Kelly, always tough on parents and disabled children, did not even address the issues in this one. Rather, he tossed the appeal citing counsel’s:

  1. failure to provide “sufficient particulars as to the reasons why she challenges the impartial hearing officer's decision”;

  2. raising of issues in the memorandum of law rather than the petition;

  3. failure to include record cites in the petition; and perhaps the most stunning of all,

  4. the failure to include a table of contents in the memorandum of law.

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