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.
SPECIAL EDUCATION HEARING OFFICER
DUE PROCESS HEARING
Name of Child: C.F.
ODR #18805/16-17 KE
Date of Birth: [redacted]
Dates of Hearing:
May 24, 2017
June 8, 2017
June 22, 2017
Parties to the Hearing:
Radnor Township School District 135 S. Wayne Avenue
Wayne, PA 19087
Tracey Waldmann, Esquire Raffaele & Puppio
19 W. Third Street
Media, PA 19063
Michael Raffaele, Esquire Frankel & Kershenbaum 1230 County Line Road Bryn Mawr, PA 19010
Date of Decision: July 26, 2017
Hearing Officer: Linda M. Valentini, Psy.D. CHO
Certified Hearing Official
Student1 is a mid-teen aged student residing within the boundaries of the District who is eligible for special education pursuant to the Individuals with Disabilities Education Act (IDEA) and Pennsylvania Chapter 14 under the current classifications of autism and speech/language impairment. As such, the Student is also an individual with a disability as defined under Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 and a protected handicapped student under Pennsylvania Chapter 15.2
The Parents requested this hearing because they believe that the program and placement the District offered for Student through its June 15, 2016 IEP was inappropriate, and that in order to receive a free appropriate public education (FAPE) Student requires placement in the private school (Private School) where Student is currently unilaterally enrolled. They are seeking tuition reimbursement. The District maintains that the IEP it offered to Student is appropriate, that it can be implemented in the District high school, and that tuition reimbursement is not warranted.
Having carefully considered the witnesses’ testimony and the documents entered into evidence, as well as reviewing the parties’ written closing arguments, I find in favor of the District.
- Is the June 15, 2016 IEP3 the District offered to the Student appropriate?
- If the IEP is not appropriate, is the Parents’ unilateral private placement appropriate?
- If the District’s IEP is not appropriate and the Parents’ unilateral private placement is appropriate are there equitable considerations that would remove or reduce the District’s obligation to fund the private placement?