New York SRO Upholds Reimbursement Award

In a recent decision, SRO Appeal No. 09-017, New York state review officer Paul F. Kelly upheld an impartial hearing officer's award of tuition at the Kildonan School for the 2008/09 school year. The school district conceded that it had denied the child a free appropriate public education, but contested the appropriateness of Kildonan for this dyslexic child, arguing, among other things, that Kildonan's five-day residential program was overly restrictive. The SRO agreed with the IHO that the lack of an available day program for the student weighed in favor of finding Kildonan to provide an appropriate program in the least restrictive environment.