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The GAP Attorneys Blog

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

SRO’s delay excuses exhaustion requirement

M.G. v. New York City Department of Education, 62 IDELR 195 (S.D.N.Y. 2014): A federal district court waived the exhaustion requirement for the parents of a student with autism due to the State Review Officer’s (SRO) failure to render a decision in a timely manner.  The parents, aggrieved by certain findings in the decision of the impartial hearing officer (IHO) in their underlying hearing, appealed to the SRO.  However, more than six months passed following the parties’ final submissions and yet the SRO had failed to render any decision.  Accordingly, the court, relying on the excessive administrative delay, waived the parents’ requirement to exhaust through the SRO before initiating a court action.

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