Law Offices of H. Jeffrey Marcus P.C.
Monday, October 5, 2009
Education Law §3602-c places obligations upon public school, not private school
In re Pelose, --- N.Y.S.2d ----, 2009 WL 3152988, N.Y.A.D. 4 Dept.,2009: Parent challenged the private school’s decision to expel their child. The New York State Appellate Division 4th Department, an intermediate level appellate court, determined that the private school has no obligation to provide services to a child with a disability. Rather, the obligation falls on the public school district. Further, the appeal procedures afforded to parents of kids with disabilities apply to public schools, not private and therefore, the private school “was not required either to undertake or to await the outcome of a manifestation review prior to expelling” the child.