Law Offices of H. Jeffrey Marcus P.C.
Friday, June 17, 2011
SRO reverses IHO and awards partial reimbursement to parent
SRO 11-041: The IHO found against the parent on a private school reimbursement case. In what is an extraordinarily rare occurrence, the SRO reversed in favor of the parent holding that the CSE had inadequate evaluative information from which to develop the IEP, that the private placement was appropriate, and that the equities weighed in favor of a partial reimbursement award. The equities section is the most interesting. The SRO held that the parent had not provided adequate prior notice of the intent to seek reimbursement for the private placement, the SRO only docked the parent 25% for said failure. The SRO then found that the parents had not adequately established that they lacked the resources to front the student’s tuition costs. Thus, it appears that the SRO denied the parents request for an order that the DOE pay the private school directly; rather the SRO ordered that the DOE reimburse the parent 75% upon proof of payment of the tuition.