although the parents did not raise this issue in the due process complaint notice, a review of the hearing record reveals that it was addressed during the impartial hearing and the district did not raise any objection as a result thereof. Further review of the hearing record reflects that the district also raised this issue during the impartial hearing. Therefore, the district's claim that the impartial hearing officer exceeded the scope of her review is not persuasive.
Law Offices of H. Jeffrey Marcus P.C.
Monday, March 29, 2010
SRO reviews issue not raised in hearing request
SRO 10-001: Generally, issues on appeal are limited to those raised in a hearing request. In this case, the parent raised an issue on appeal that was not raised in the hearing request. The SRO permitted it stating that