BD vs. Montgomery County Intermediate Unit

This is a redacted version of the original decision. Select details have been removed from the decision to preserve anonymity of the student. The redactions do not affect the substance of the document.

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

Student: BD

Date of Birth: xx/xx/xxxx

Hearing Dates: February 4, February 24, and March 18, 2010

ODR File No.: 00062‐0910AS / 00561‐0910AS Consolidated

CLOSED HEARING

School District: Montgomery County Intermediate Unit

Parties:

Mr. & Mrs.

Montgomery County Intermediate Unit

Representatives:

Parent Attorney: Caryl Oberman Esquire The Law Offices of Caryl Andrea Oberman Grove Summit Office Park
607A North Easton Road

Willow Grove, PA 19090

Intermediate Unit Attorney: Timothy E. Gilsbach Fox Rothchild, LLP
10 Sentry Parkway, Suite 200
P.O.Box 3001

Blue Bell, PA 19422‐3001

Date Record Closed: April 23, 2010

Decision Date: May 8, 2010

Hearing Officer: Gloria M. Satriale, Esquire

INTRODUCTION AND PROCEDURAL HISTORY

This case concerns the provision of a Free Appropriate Public Education (hereinafter FAPE) for [Student] (hereinafter referred to as “Student”), an eligible 5 year old student, diagnosed with autism who resides with his parents in [Redacted city], Pennsylvania. The action challenges the actions of the Montgomery County Intermediate Unit (hereinafter referred to as “Intermediate Unit or IU”) in failing to timely or adequately evaluate the student and in failing to timely and adequately provide an appropriate placement and associated related services of a one on one aide; occupational therapy, speech/language therapy and ABA therapy in the home resulting in a denial of a FAPE and to an entitlement to reimbursement and compensatory education.

Due process concerning the current matter was filed with the Office for Dispute Resolution on July 16, 2009 and December 15, 2009 and on January 12, 2010 moved to consolidate the complaints. The matter was initially assigned to Hearing Officer Deborah DeLauro and was reassigned to the undersigned prior to convening the first hearing.

For the reasons that follow, I find in favor of the PARENTS IN PART and the INTERMEDIATE UNIT IN PART with a MODIFIED award for tuition reimbursement and reimbursement of related services and a MODIFIED award for Compensatory Education as outlined in the attached ORDER and a DENIAL of reimbursement for privately secured evaluations.

ISSUES

(1) Whether compensatory education for services for the 2008‐2009 school year is warranted,

(2) whether the Parents are entitled to reimbursement for independent evaluations and therapeutic services for the 2008‐2009 school year, and

(3) whether Parents are entitled to reimbursement for preschool tuition for the 2008‐2009 and 2009‐2010 school years.

BD-Montgomery-County-Intermediate-Unit-ODRNo-00062‐0910AS-00561‐0910AS

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