(1) the IHO and SRO decisions are entitled to deference even though they are premised on a faulty understanding of a key aspect of the factual record; and (2) M.B.'s 2003-04 IEP can be considered adequate when it did not suggest any method for addressing M.B.'s educational needs other than through the provision of the same services and program modifications (or lack thereof) that had proven inadequate the previous year.
Law Offices of H. Jeffrey Marcus P.C.
Thursday, August 27, 2009
SDNY reverses SRO again
Bougades v. Pine Plains,______ (SDNY August 24, 2009): In a fact intensive and well reasoned decision, the SDNY held for the parent in this tuition reimbursement case despite rulings by the SRO and IHO in favor of the district. The Court defined the issues as whether