DS vs. School District Attorney

Pennsylvania
Special Education Hearing Officer

DECISION
ODR No. 01321-0910AS

Child’s Name: D.S.
Date of Birth: [redacted]
Dates of Hearing: 10/8/10, 11/18/10, 10/10/10,

2/14/11, 2/23/11, 2/28/11, 4/13/11

CLOSED HEARING

Parties to the Hearing:

Parents Parent[s]

School District
Central Bucks
16 Weldon Drive Doylestown, PA 18901-2359

Representative:

Parent Attorney
Ilene Young, Esquire 50 East Court Street Doylestown, PA 18901

School District Attorney Grace Deon, Esquire Joanne Sommer, Esquire Eastburn and Gray

60 East Court Street Doylestown, PA 18901

Date Record Closed: May 6, 2011

Date of Decision: May 21, 2011

Hearing Officer: Anne L. Carroll, Esq.

 

INTRODUCTION AND PROCEDURAL HISTORY

This case involves claims for compensatory services based upon Parent’s contention that the District failed to provide sufficient, appropriate special education, including academic instruction and transition services/activities, to assure that Student could successfully meet post secondary transition goals for living independently, obtaining further technical/trade school training and/or engaging in competitive employment.

Student was eligible for IDEA special education services from the District beginning in first grade and continuing until the District graduated Student at the end of [Student’s second 12th grade school] approximately two months before reaching age 21.

The hearing began in early October [following the graduation] and concluded in mid- April [of the following year] after seven sessions. For the reasons that follow, Parent’s claims in this case will be denied for lack of sufficient persuasive evidence that the District did not appropriately meet its IDEA obligations to Student.

 

ISSUES

1. Did the School District provide Student with a free, appropriate public education (FAPE) during the [first and second 12th grade] school years, including

a. appropriate transition services;
b. appropriate assistive technology;
c. appropriate academic and vocational/technical instruction?

  1. Did the School District appropriately graduate and exit Student from special education services at the end of the [second 12th grade] school year?
  2. Should Student’s IDEA eligibility be extended in order for the School District to provide Student with additional special education services, in particular, transition services?

4. Is Student entitled to an award of compensatory education for the [first and second 12th grade] school years, and if so, for what period, in what amount and in what form?

D-S-Carbondale-Area-ODRNo-13571-12-13-KE

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