Law Offices of H. Jeffrey Marcus P.C.
Thursday, June 3, 2010
SRO addresses failure to give proper notice for manifestation meeting
SRO 10-028: Student was suspended on 12/2/09 for his role in an altercation that occurred on 11/30/09. District(NYC) twice scheduled manifestation review meetings, but each time did not notify the parent ahead of time. The second time the district proceeded with the meeting and found no manifestation. The district suspended the student for one calendar year. The IHO found that the parent had not been provided with proper notice, annulled the manifestation determination and ordered that the child be returned to school. SRO Paul Kelly agreed that the parent had not received proper notice, ordered that the MDR team reconvene with proper notice to the parent, but annulled without explanation the IHO decision ordering that the student be returned to school. And, remarkably, the SRO gave the district 30 days from the date of the decision (May 7, 2010) to reconvene the MDR team despite the fact that the law requires the MDR team to meet within 10 school days of a decision to impose a long term suspension.