DM vs. Methacton School District

Pennsylvania

Special Education Hearing Officer

DECISION

Child’s Name: D.M.

Date of Birth: [redacted]

ODR No. 01201-0910 JS

CLOSED HEARING

Parties to the Hearing: Parent[s]

Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403-1047

Representative:

Hollie B. John, Esquire Connolly, Jacobson & John, LLP 188 North Main Street Doylestown, PA 18901

Sharon Montanye, Esquire
Sweet, Stevens, Katz & Williams 331 Butler Avenue, P.O. Box 5069 New Britain, PA 18901

Dates of Hearing: October 26, 2010; November 1, 2010; November 9, 2010; November 19, 2010

Record Closed: December 8, 2010

Date of Decision: December 23, 2010

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

 

INTRODUCTION AND PROCEDURAL HISTORY

Student is a [teenaged] eligible resident of the Methacton School District(District). (NT 9-3 to 10-10.) The Student is identified with Other Health Impairment under the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA). (NT 9-15 to 10-5.) Parent requests due process under the IDEA and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 (section 504), seeking compensatory education for prior years and tuition reimbursement for the current year after a unilateral placement in a private school, as well as reimbursement for tutoring services. (NT 10-14 to 25.) The District asserts that it provided appropriate services at all relevant times, and that the private placement is inappropriate.

By stipulation, the Parents amended their complaint to limit their claim for compensatory education to June 3, 2008 until the first day of school in the 2010- 2011 school year. The entire matter was heard in four sessions and the record closed on December 8, 2010, upon receipt of written summations.

 

ISSUES

1. Did the District fail to provide the Student with a free appropriate public education during the relevant period between June 3, 2008 and the first day of school in the 2010-2011 school year, with regard to study skills, selforganization, reading, written expression, and penmanship?

2. Should the hearing officer award compensatory education to the Student for all or any part of the relevant period?

3. Is the [Private] School an appropriate placement for the Student?

4. Should the hearing officer award tuition reimbursement to the Parents for tuition incurred for the 2010-2011 school year at [Private] School? 5. Should the hearing officer award reimbursement for private tutoring services provided by the Parent during the relevant period?

D-M-Methacton-ODRNo-01201-0910-JS

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