Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: CN
Date of Birth: xx/xx/xxxx
Dates of Hearing: January 16 and 27, 2009
CLOSED HEARING ODR No. 9434/08-09 LS
Parties to the Hearing:
Parents:
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
INTRODUCTION AND PROCEDURAL HISTORY
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.
ISSUES
- 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?