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.
Thursday, December 16, 2010
New SRO finds for parent on reimbursement claim but reduces the amount for inadequate notice
SRO 10-101: This case may foretell a break from the harsh recent past. IHO awarded full reimbursement to the parent for a private school placement. The new SRO found that the parent had not provided adequate information regarding her concerns about the district recommended program in the 10 day notice of intent to make a reimbursement claim. Rather than knock the parents out of the box on the reimbursement claim as Paul Kelly almost certainly would have done, the SRO reduced the award by 10%, thus granting the parent 90% reimbursement.
SRO finds for parent on summer school reimbursement claim
SRO 10-095: This appears to be the first reversal in favor of a parent by the new SRO, Justyn Bates. The parents challenged the appropriateness of the district recommended summer program and sought reimbursement for 2 months of a Lindamood Bell program. The IHO found for the parent. In a well reasoned decision, the SRO found that the CSE had failed to discuss or consider privately obtained psychoeducational and speech language evaluations, that the IEP failed to contain adequate information about a good number of the student’s identified needs, that the IEP failed to identify adequate goals to address these needs and that “thus, without an IEP that accurately identified the student's special education needs, the CSE failed to recommend an appropriate placement.” Also of note, the SRO found that the 10 day notice of intent to seek reimbursement requirement was satisfied by the submission more than 10 days prior to the start of the summer program of the hearing request in which reimbursement was requested.
Wednesday, December 15, 2010
It appears that there may be a new New York State Review Officer. The latest batch of decisions, posted online today, are all issued over the signature of Justyn Bates.
Subscribe to: Posts (Atom)