Law Offices of H. Jeffrey Marcus P.C.
Monday, February 9, 2009
SRO upholds reimbursement claim rejecting district argument regarding enrollment contract
SRO 08-123: In a rare parent victory at SRO, SRO Paul Kelly upheld a reimbursement award for a private school placement rejecting the district argument that the parent entered into the enrollment contract with the private school prior to the annual review, and that the parent never seriously intended to send the student to the district's recommended class. Kelly reasoned that the evidence showed that it was unlikely that the parent would be held responsible for any remaining tuition if she decided to withdraw the student from the private school and place the student in a district school.