Law Offices of H. Jeffrey Marcus P.C.
Friday, February 6, 2009
District can not recoup pendency payments
SRO 09-008, 09-010 and 08-134: Here, the SRO addresses an issue which is arising with increasing frequency, particularly in New York City cases. The SRO held that the district can not recoup payments made pursuant to pendency if it is ultimately determined that the district offered a FAPE to the student.