Spry Panel Validation

I am trying to create a form in-which the user checks a check box a spry panel expands and they continue filling in the form. I can do this but once the form is submitted, since I have the spry panel set as close by default, the panel is closed on page reload even though their are validation issues. What I would like to have happen is if their are any validation issues on the panel the panel remains open on submit.

I have gone through the posts and have picked up on some tips with validation so when the check box is checked it validates only the parts of the form associated with that check box. But keeping the panel open upon submit I have not run across.

Your help would be appreciated.