Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: CH
Date of Birth: xx/xx/xx
Dates of Hearing: 3/30/09, 4/2/09, 4/21/09,
5/15/09, 5/29/09, 6/9/09, 6/11/09 CLOSED HEARING
ODR No. 9725/08-09 AS
Parties to the Hearing:
Parent
Ms.
School District
Wilson
2601 Grandview Boulevard West Lawn, PA 19609-1324
Representative:
Parent Attorney:
Elizabeth Kapo, Esq. 2123 Pinehurst Road Bethlehem, PA 18018
School District Attorney
Sharon Montanye, Esq.
Sweet, Stevens, Katz & Williams 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901-0934
Date Record Closed: July 13, 2009
Date of Decision: July 28, 2009
Hearing Officer: Anne L. Carroll, Esq.
INTRODUCTION AND PROCEDURAL HISTORY
Student has received special education services as a child with specific learning disabilities in reading, math and written expression since entering Wilson School District as a second grade student. Student had been evaluated in first grade and determined to be IDEA eligible by the district in which Student was previously enrolled. The District did not conduct a re-evaluation which included administration of standardized tests to measure cognitive potential or achievement until April 2009, after the due process hearing began.
By the middle of Student’s 7th grade school year (2007/2008), Parent’s concerns about Student’s progress, particularly in reading, led Student’s to obtain tutoring at [redacted] Center. The District also increased Student’s reading services at that time by adding a period of instruction based on the content of the science curriculum at Student’s grade level in lieu of Student’s regular education science class.
In the middle of the 2008/2009 school year, Parent filed a due process complaint alleging IDEA violations arising from the District’s failure to conduct a full evaluation of Student, inappropriate IEPs resulting in a lack of meaningful academic progress in reading, writing and math, denial of ESY services during the summer of 2007 and inadequate services during the summer of 2008. In addition to compensatory education, Parent seeks reimbursement for Student’s instruction at Center and appropriate services for the 2009/2010 school year. Parent’s additional claims for an IEE and an independent assistive technology evaluation were obviated by the District’s full re-evaluation and its obtaining an assistive technology evaluation prior to the conclusion of the hearing.
For the reasons which follow, Student is entitled to an award of compensatory education and Parent is entitled to some reimbursement for tutoring services.
ISSUES
- Did the Wilson School District provide sufficient and appropriate special education services to Student in the areas of reading, math and writing from February 11, 2007 through the end of the 2008/2009 school year, and if not, in what areas, in what amount and in what form should compensatory education be awarded to Student?
- Did the Wilson School District appropriately determine that Student was not eligible for ESY services during the summer of 2007?
- Did the Wilson School District offer appropriate ESY services to Student during the summers of 2008 and 2009, and if not in what amount and in what form should compensatory education be awarded to Student?
- Is Student’s Mother entitled to reimbursement for tutoring services Student provided for Student at Center?