Law Offices of H. Jeffrey Marcus P.C.
Tuesday, March 31, 2009
SRO reverses IHO in unusual Kildonan case
SRO 08-055: This case started out as a reimbursement case. By the time the hearing rolled around, the parents decided to continue the child in the district placement and to request prospective placement at Kildonan while challenging the appropriateness of the placement. On the last day of hearing, the parents withdrew their request for placement at Kildonan, but still sought a ruling from the IHO on the appropriateness of Kildonan, reasoning that it could give them pendency in the future. The IHO ruled for the parent; SRO Kelly reversed. He found for the parent on prong 1, but found that the parent had not established the appropriateness of Kildonan. He employed the 3 prong reimbursement analysis with no discussion as to why he was doing so in a case that had become something other than a reimbursement case. Nor did he mention or discuss Connors.