CN vs. Montgomery County Intermediate Unit

Special Education Hearing Officer


Child’s Name: CN

Date of Birth: xx/xx/xxxx
Dates of Hearing: January 16 and 27, 2009


Parties to the Hearing:


Parent Attorney:
Stephanie B. Carpenter, Esq. Law Office of Caryl A. Oberman 607A North Easton Road Willow Grove, PA 19090

Intermediate Unit:

Dr. Jerry W. Shively, Executive Director Montgomery County Intermediate Unit 23
1605 W. Main Street

Norristown, PA 19403-3290

Intermediate Unit Attorney: Karl A. Romberger, Jr., Esq. Fox, Rothschild LLP
10 Sentry Parkway, Suite 200 P.O. Box 3001

Bluebell, PA 19422

Date Record Closed: February 16, 2009

Date of Decision: February 27, 2009

Hearing Officer: Daniel J. Myers



CN (Student)1, and his parents filed a due process hearing request on November 10, 2008, complaining that the Montgomery County Intermediate Unit (IU) failed to timely evaluate Student’s needs in October 2006, and failed to offer Student an individualized education program (IEP) between January 2007 and Student’s transition to Student’s school district of residence. As relief, Student’s parents request $36,590 reimbursement for their costs in privately securing evaluations and educational services, and Student requests compensatory education for services that were not provided and not replaced. Due process hearing sessions were conducted on January 16 and 27, 2009. The record was closed with submission of written closing arguments and stipulations on February 16, 2009.


  •   Whether or not the IU properly discharged its Child Find obligation through appropriate and timely screening, evaluation and programming for Student since January 2007; and
  •   If not, what is the appropriate remedy?

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