Law Offices of H. Jeffrey Marcus P.C.
Wednesday, January 5, 2011
New SRO finds for parent on interesting pendency claim
SRO 10-112: The child transitioned from preschool to school age. As a preschooler, the child received services from the public school in a private non-state approved private school. The child continued to attend the same private school when she became school age. The parent challenged the last CPSE recommended IEP and the first CSE recommended IEP in an impartial hearing request submitted after the end of the school year during which these IEPs were recommended. The SRO held that “the public agency must provide those special education and related services that are not in dispute between the parent and the public agency.” Thus, the SRO ordered the district to provide SEIT and related services per pendency, rejecting the district’s argument that these services were recommended in conjunction with a 9:1:3 placement to which the parent had objected.