the district bore the evidentiary burden to show that the reduction in related services, as provided for by the April and May 2009 IEPs (i.e. the elimination of the outside related services), was appropriate. A review of the impartial hearing record reveals that the district did not meet its burden in this regard. In fact, the hearing record is devoid of evidence supporting the appropriateness of such a reduction in services. I will therefore direct the district to reinstate the delivery of such services within two weeks of the date of this decision.
Law Offices of H. Jeffrey Marcus P.C.
Friday, March 26, 2010
SRO orders reinstatement of related services
SRO 10-011: Child had been placed at a state approved private school with outside related services. District recommended a change to a district school. Parent challenged the changes at hearing and prevailed on the placement, but the IHO did not rule on the elimination of the outside related services. SRO reinstated the related services stating