DK vs. Abington School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: DK

Date of Birth: xx/xx/xx

Dates of Hearing:
March 18, 2008, April 15, 2008, April 16, 2008, May 14, 2008

CLOSED HEARING

ODR #8419/07-08 KE

Parties to the Hearing:

Abington School District 970 Highland Avenue Abington, PA 19001-4535

Representative:

Heather M. Hulse, Esquire McAndrews Law Offices, P.C. 30 Cassatt Avenue
Berwyn, PA 19312

Claudia L. Huot, Esquire
Wisler Pearlstine, LLP
Office Court at Walton Point 484 Norristown Road, Suite 100 Blue Bell, PA 19422-2326

Date Record Closed: May 30, 2008

Date of Decision: June 14, 2008

Hearing Officer: William F. Culleton, Jr., Esquire

 

INTRODUCTION AND PROCEDURAL HISTORY

Student is a xx year old eligible resident of the Abington School District (District), who is currently in the third grade at the District’s [redacted] Elementary School. (NT 10-11; S-52.) The Student is identified with Other Health Impairment. (NT 11.) He has been diagnosed with Attention Deficit Hyperactivity Disorder and is believed to have problems with central auditory processing. (NT 11-12.)

Mr. and Ms. (Parents) requested due process alleging that the District had failed to evaluate and provide services to the Student in the school years from the Fall of 2004 until the date of the hearing, and requesting appropriate program and placement, reimbursement for an independent educational evaluation, and compensatory education. The District asserts that it evaluated the Student appropriately and provided a proper program and placement.

The Parents filed their Complaint by letter of counsel received on January 8, 2008. The hearing was held in four sessions from March 18, 2008 to May 14, 2008. The record closed on May 30, upon receipt of the parties’ closing statements, as requested by the parties.1

ISSUES

  1. From September 2004-until January 8, 2006, did the District prevent the Parents from requesting due process by making specific misrepresentations that it had resolved the problem forming the basis of the complaint filed in this matter?
  2. From September 2004-until January 8, 2006, did the District prevent the Parents from requesting due process by withholding information that was required by law to be disclosed?
  1. During the relevant time period ending January 8, 2008, did the District fail to comply with its Child find obligation to evaluate the Student because of a suspected disability?
  2. Was the District’s initial evaluation as reflected in the Initial Evaluation Report dated April 24, 2006 appropriate?
  3. Was the District’s initial evaluation as reflected in the Initial Evaluation Report dated November 9, 2007 appropriate?
  4. During the relevant time period ending January 8, 20082, did the District fail to provide a FAPE to the Student?
  5. Should the hearing officer award compensatory education for any part or all of the relevant time period?
  6. Should the hearing officer award reimbursement for any independent assessments and evaluations obtained by the Parents privately?
DK-Abington-ODRNo-8419-07-08-KE

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