Adam Dayan, Esq.
SRO Appeal No. 12-002 concerns a child with Down's syndrome who was placed at an independent private school as a result of the school district's failure to provide an appropriate program. The private school did not employ its own related services providers, instead, relying on the district to provide services to those kids whose IEP's recommended it. The State attempts to clarify the district's obligation to provide services to a private school student, but after a discussion about the history behind N.Y.'s "dual enrollment" statute, and the proportional funding provisions of the IDEA, the answer was still unclear.
* Note: The school district accused the IHO of incompetence but the SRO declined to find it.