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 firstname.lastname@example.org, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Wednesday, March 25, 2009
SRO affirms denial of reimbursement claim despite unavailability of district recommended placement
SRO 08-157: No surprise that the SRO Kelly affirmed the denial of reimbursement, but the case is notable for Kelly permitting a recommendation for placement into a class for which there were no openings. And the recommendation was made 2 weeks prior to the start of school. See SRO 08-088 for case in which the SRO found that the IHO "should have considered wheterh the district had a classroom seat available for the student at the beginning of the 2007-2008 school year, and if not, he should have determined whether the failure to do so rose to the level of denying the student a FAPE".
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