Law Offices of H. Jeffrey Marcus P.C.
Tuesday, August 10, 2010
SRO 10-050: The parent rejected the district recommended program, placed the child in a private school and sought reimbursement. The IHO ruled in favor of the school district finding that the parents failed to demonstrate that the June 2009 IEP was not reasonably calculated to provide the student with a FAPE. The SRO found that the IHO had improperly shifted the burden of proof to the parents and that that was grounds for annulling the decision. He went on, however, to analyze the merits and he determined that the district had failed to offer a FAPE, that the parental placement was appropriate and that the equities weighed in favor of the parent.