SRO addresses failure to give proper notice for manifestation meeting

SRO 10-028: Student was suspended on 12/2/09 for his role in an altercation that occurred on 11/30/09. District(NYC) twice scheduled manifestation review meetings, but each time did not notify the parent ahead of time. The second time the district proceeded with the meeting and found no manifestation. The district suspended the student for one calendar year. The IHO found that the parent had not been provided with proper notice, annulled the manifestation determination and ordered that the child be returned to school. SRO Paul Kelly agreed that the parent had not received proper notice, ordered that the MDR team reconvene with proper notice to the parent, but annulled without explanation the IHO decision ordering that the student be returned to school. And, remarkably, the SRO gave the district 30 days from the date of the decision (May 7, 2010) to reconvene the MDR team despite the fact that the law requires the MDR team to meet within 10 school days of a decision to impose a long term suspension.

Education Law §3602-c places obligations upon public school, not private school

In re Pelose, --- N.Y.S.2d ----, 2009 WL 3152988, N.Y.A.D. 4 Dept.,2009: Parent challenged the private school’s decision to expel their child. The New York State Appellate Division 4th Department, an intermediate level appellate court, determined that the private school has no obligation to provide services to a child with a disability. Rather, the obligation falls on the public school district. Further, the appeal procedures afforded to parents of kids with disabilities apply to public schools, not private and therefore, the private school “was not required either to undertake or to await the outcome of a manifestation review prior to expelling” the child.