Special Education Hearing Officer
Child’s Name: D.M.
Date of Birth: [redacted]
ODR No. 01201-0910 JS
Parties to the Hearing: Parent[s]
Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403-1047
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.
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