The attorneys at the Law Offices of H. Jeffrey Marcus, P.C. provide representation to parents who believe their kids are not being properly served. In this blog, I present current developments in special education law. The focus is on recent federal and New York State cases and important legislative and regulatory developments.
If you are a parent in need of help for a child with a disability, please email us at firstname.lastname@example.org, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Monday, January 4, 2010
Compensatory education claim
Petrina W. v. City of Chicago Public School Dist. 299, Slip Copy, 2009 WL 5066651, N.D.Ill.,2009: IHO held that comp ed claim was not ripe until the student turned 22. The district court held otherwise finding that “compensatory education can be appropriately sought and granted prospectively-that is, before the student has reached the age of 21.” The Court further held that the proper question in a comp ed case is “how much compensatory education-if any-is necessary to restore [the student] to the position she would have occupied, had the School District provided her with a FAPE during the periods in which she was deprived of one.“