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.
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Law Offices of H. Jeffrey Marcus P.C.
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.