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Thursday, January 19, 2012

Failure to offer particular placement is a denial of FAPE

SRO 11-149: This arose in the context of a reimbursement case. The school district recommended a residential placement and sent out packets, but failed to follow up and failed to secure a placement prior to the start of the school year. The SRO made a point of noting that the school year starts on July 1 and that the district failed to have a placement in effect prior to July 1. Note also that the fact that the district had placed the child on home instruction while looking for a residential placement did not absolve the district of its violation. Note also that the SRO denied reimbursement to the parents finding that they had not established the appropriateness of the unilateral placement.

Timeline to appeal IHO decision runs from date of decision

SRO 11-151: Pracitioners take note. The IHO sent the decision to the attorneys and the parties two days after the date of the decision. The SRO held that the 35 day timeline for filing an appeal commenced on the date of the decision, not the date of receipt of the decision.