Law Offices of H. Jeffrey Marcus P.C.
Thursday, August 13, 2009
SDNY reverses SRO again
G.R. v. New York City Dept. of Educ., 2009 WL 2432369(S.D.N.Y. Aug 07, 2009): Parent sought reimbursement for private placement at Winston Preparatory School. NYC had conceded on prong one as they had failed to offer the student a placement. The IHO ruled against the parent on prong two finding that there was insufficient proof at that time of R.R.'s progress at WPS and that WPS was not providing speech and language therapy to R.R. She left open the possibility of plaintiff renewing her request for reimbursement once more evidence of R.R.'s progress was available, and therefore denied the application without prejudice. SRO Paul Kelly denied the parent’s appeal and sustained the district’s appeal, holding that it was error to dismiss without prejudice–i.e. the dismissal was final. In a very common sense opinion, the SDNY (Judge Griesa) reversed the SRO finding that there was sufficient proof of the appropriateness of WPS.