DG vs. Upper Perkiomen School District

PENNSYLVANIA

SPECIAL EDUCATION HEARING OFFICER

DECISION

DUE PROCESS HEARING

Name of Child: D.G.

ODR File 19069 16 17

Date of Birth: [redacted]

Dates of Hearing: 6/13/17, 7/18/17

CLOSED HEARING

Parents: [redacted]

Jennifer Bradley, Esquire, McAndrews Law Offices, 30 Cassatt Avenue, Berwyn, PA 9312
Counsel for Parent

School District:

Upper Perkiomen School District, 2229 East Buck Road, Pennsburg, PA 18073

Claudia Huot, Esquire, Wisler Pearlstine, 460 Norristown Road, Suite 110 Blue Bell, PA 19422
Counsel for School District

Date of Decision 9/7/17

Hearing Officer:
Linda M. Valentini, Psy.D. CHO Certified Hearing Official

 

Background

Student1 is a late-teen aged post-high school student residing within the boundaries of the District who qualified as an individual with a disability as defined under Section 504 of the Rehabilitation Act, 29 U.S.C. §794 and Pennsylvania Chapter 152 pursuant to a concussion sustained during a school sports practice session just prior to senior year.

The Parents requested this hearing alleging that the District did not perform an appropriate 504 evaluation following Student’s concussion, and that the District failed to provide/implement an appropriate 504 Plan. As remedies, they are requesting an Independent Educational Evaluation (IEE) at District expense to assess Student’s functioning going forward, as well as compensatory education. The District maintains that all times it offered Student appropriate services under Section 504 and that no relief is warranted.

Based upon the preponderance of the evidence before me I find in favor of the Parents on some but not all their claims.

 

Issues3

  1. Did the District fail to appropriately evaluate and assess Student after a concussion sustained in September 2016?
  2. Did the District provide Student with appropriate services under Section 504?
  3. If the District did fail in either regard what remedies are due?

 

D-G-Upper-Perkiomen-ODRNo-19069-16-17

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