Law Offices of H. Jeffrey Marcus P.C.
Tuesday, February 14, 2012
District failure to satisfy burden of proof results in SRO decision in favor of the parent
SRO 12-006: In this case where the Parent was represented by the Law Offices of H. Jeffrey Marcus, the Parent alleged, inter alia, that the student required the services of a 1:1 aide during adapted physical education (APE). The IHO did not rule on the issue. The District offered no evidence on the issue. The Parent claimed on appeal to the SRO that the District failed to satisfy its burden of establishing that the student did not require the services of a 1:1 aide during APE. The SRO agreed holding that the “District did not establish that the student did not require aide services during APE, and in the absence of any evidence in the hearing record that the student did not require them,” he ordered the District to provide aide services during APE.