MF vs. Upper Merion School District

Background

Student1 is a primary grades aged student who is eligible for special education services under the current classifications of autism, speech/language impairment, other health impairment and emotional disturbance. Student received Early Intervention services through the [local] IU. The Parents delayed Kindergarten entrance for one year in favor of placement in a typical preschool and a specialized speech/language program with continued home-based services through the IU. The District evaluated Student and developed an IEP for the 2009-2010 school year over several IEP meetings in which the Parents and other private providers engaged by the Parents participated. Before the District issued its evaluation report and before the first IEP meeting the Parents had put down a deposit on a private school and Student was accepted into the private school. Prior to the beginning of the school year Student’s Parents rejected the District’s final offer of a program and placement and unilaterally placed the Student in the private school. They filed for this hearing seeking tuition reimbursement as well as an order that the District provide Student with additional related services in the form of ABA, OT and PT. The District holds that it offered Student an appropriate program and placement, that the unilateral private placement is not appropriate, and that the equities favor the District. Further the District argues that since its program is appropriate and contains the requested related services it is not obligated to provide these for Student.

For the reasons set forth below I find in favor of the District.

Issues

1. Did the School District fail to offer an appropriate program and placement for Student for the 2009-2010 school year?
2. If the School District failed to offer an appropriate program and placement for Student for the 2009-2010 school year, was the placement unilaterally chosen by the Parents appropriate?
3. If the School District failed to offer an appropriate program and placement for Student, and the placement unilaterally chosen by the Parents was appropriate, are there equitable considerations that would remove or reduce the District’s obligation for tuition reimbursement?
4. Must the School District provide Student with ten-and-a-half [10 1⁄2] hours of home ABA programming, one [1] hour of individual occupational therapy, and one [1] hour of individual physical therapy weekly?