08-130: Parent prevailed on a challenge to the 2006-2007 IEP and the district did not appeal the decision which was issued in September of 2007. In August of 2007, the parent submitted a notice of intent to seek reimbursement based upon disagreements with the 07-08 IEP, but the parent did not submit a hearing request until February of 2008. The IHO awarded reimbursement based upon a pendency theory. SRO Joseph Frey held that that was error. Pendency did not start until the submission of the hearing request.
This case is also notable for the tactics at hearing by the parent attorney, the IHO’s harsh rulings with respect to those tactics and the SRO’s rigid application of procedural rules to limit the parent’s challenges of the IHO rulings. The case contains an unusually good prong 1 analysis followed by a typically harsh prong 2 analysis that resulted in the usual SRO denial of reimbursement. It is unclear why Paul Kelly was not the SRO of record.
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 email@example.com, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Friday, February 6, 2009
Pendency does not commence until a hearing request is submitted
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