Law Offices of H. Jeffrey Marcus P.C.
Thursday, June 4, 2009
SRO upholds IHO decision despite no answer from district on appeal
SRO 09-049: The parent appealed; the district failed to answer. The SRO upheld the IHO determination for the district. In SRO 09-048, the SRO considered a cross-appeal by a parent despite the failure by the parent to file an answer to the district's cross-appeal. The SRO cited to Arlington Cent. Sch. Dist. v. State Review Officer, 293 A.D.2d 671 [2d Dep't 2002], for the proposition that the SRO is required examine the entire hearing record and make an independent decision based on the entire hearing record.