Law Offices of H. Jeffrey Marcus P.C.
Friday, February 6, 2009
SRO strikes down another reimbursement award
SRO 08-137: Congress granted parents to right to seek reimbursement for an appropriate private school placement when the public school fails to offer an appropriate program. SRO Paul Kelly continues to abort that right. Once again, an IHO awards reimbursement to a parent–this time for ABA services. Once again, in a case in which the NYC school district conceded that it had failed to offer the child a FAPE for the time period in question, SRO Paul Kelly reversed, highlighting a variety of evidentiary deficiencies and utterly disregarding the evidence in favor of the award. Will it never end.