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Thursday, February 4, 2010

SRO refuses to consider parent claims in absence of cross-appeal

In both SRO 09-136 and 09-143, the parent prevailed at hearing and was awarded reimbursement for a private placement. Each of these decisions was reversed on appeal. In each case, the parent did not cross-appeal because the parent was not aggrieved. In the absence of a cross-appeal, the SRO refused to consider claims raised by the parent in the hearing request, not considered by the IHO, and raised in the parent’s papers on appeal.