SRO 13-078: Parents disagreed with the placement and program offered by the NYC DOE for their autistic child. The parents developed a home based program and put the DOE on notice of their intent to hold the DOE financially responsible. There was no disagreement as to the need for ABA services, but the DOE maintained that the student could benefit from 5 hours per week, rather than the 10 hours ordered by the IHO. While the SRO found that while the evidence supported a determination that only 5 hours per week were necessary, “parents were not required to limit the ABA services with exacting precision to the minimum level of services necessary to produce educational benefit.” The SRO went on to order the DOE to fund 8.5 hours per week as that was the level of service that the child was receiving and for which there was evidence of progress.
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.
Wednesday, January 15, 2014
Necessary vs. Appropriate in Reimbursement Case
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