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.
If you are a parent in need of help for a child with a disability, please email us at firstname.lastname@example.org, call us at 716-634-2753 or contact us through our website.
Law Offices of H. Jeffrey Marcus P.C.
Tuesday, August 10, 2010
SRO awards reimbursement for private placement
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.
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