DE vs. School District Cumberland Valley

PENNSYLVANIA

SPECIAL EDUCATION HEARING OFFICER

Student’s Name: D.E.

Date of Birth: xx/xx/xx

O.D.R. #5727/05-06

Dates of Hearing: September 27, 2005; September 28, 2005; November 18, 2005

Type of Hearing: Closed

Parties to the Hearing:

Parents Parent

School District Cumberland Valley S.D. 6746 Carlisle Pike Mechanicsburg, PA 17050

Represented by:

Yvonne Husic
2215 Forest Hills Drive Harrisburg, PA 17112

Represented by:
Gina DePietro
331 Butler Pike
New Britain, PA 18901

Date Final Transcript Received: November 23, 2005

Date of Decision: December 30, 2005*

Hearing Officer: Linda J. Stengle

* Decision delayed to allow for receipt of written closings and to research impact of Schaffer. v. Weast.

 

Background

The student’s date of birth is xx/xx/xx. He resides within the geographical boundaries of the Cumberland Valley School District. He moved to the district in 2004 and attended there for the 2004-2005 school year. He is eligible for special education supports and services under IDEA.

Just prior to the last session of this case, the Supreme Court issued its ruling in Schaffer v. Weast (USSC, #04-698, 2005), which switched the burden of persuasion to the party requesting the hearing, a significant change in the way Third Circuit cases had been handled previously. The impact of Schaffer v. Weast on this case is described in the Discussion section below:

Issues

Did the district provide the student with FAPE for the 2004-2005 school year?
Subsumed within in this issue will be the consideration of the allegation of unnecessary segregation of the student (per S 25, p 2, Parent Amended Complaint item 18)

Is the student entitled to compensatory education for ESY for the summer of 2005?

Is the parent entitled to tuition and associated travel reimbursement for the student’s placement at the [Redacted] School for the period from August 29, 2005 to November 3, 2005?
If so, should the district be required to pay the transportation provider directly for Student’s transportation for the remainder of the year?

Is the parent entitled to reimbursement for an IEE performed by Dr. K.?

 

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