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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

School’s recommended IEP inappropriate where it focused on student’s physical disability, while his autism presented more significant educational impact

F.O. v. New York City Department of Education, 62 IDELR 51 (S.D.N.Y. 2013): A federal district court overturned the New York State Review Officer’s (SRO) decision denying parents reimbursement for a unilateral placement for their child with autism, global developmental delays, and myasthenia gravis.  The school recommended an IEP which focused on addressing the student’s myasthenia gravis, a condition impacting his speech and writing.  However, the evidence in the underlying impartial hearing demonstrated that the student’s autism spectrum disorder had a much greater educational impact.  Therefore, the student’s autism, and not his physical disability, should have been the focus of his IEP.  Accordingly, the Court overturned the SRO and awarded the parents tuition reimbursement.

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