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 27, 2009
SRO considers whether claims are properly raised
SRO 08-086: The general rule is that parents are bound by the content of their hearing request. To add claims, the parents must amend the hearing request. Here, the Parents fail to raise certain claims in the hearing request. Parents raise claims at the hearing without objection by the district. On appeal, District objects to any issue that was not raised in the hearing request. SRO Paul Kelly has addressed this in a number of cases(see e.g.08-052, 08-064) and has ruled consistently that if the parent fails to raise an issue in the hearing request, but raises it at hearing without objection by the district, the parent has effectively raised the issue and it will be considered on appeal.
Subscribe to: Post Comments (Atom)
New comments are not allowed.