EA vs. Montgomery County Intermediate Unit

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: E.A.

Date of Birth: [redacted]

ODR Nos. 14382-13-14-KE

OPEN HEARING

Parties to the Hearing:

Parent[s]

Montgomery County Intermediate Unit 1605 West Main Street
Norristown PA 19403-3290

Representative:

Pro Se

Timothy E. Gilsbach, Esquire Fox Rothschild, L.L.P.
10 Sentry Parkway, Suite 200 P.O. Box 3001

Blue Bell, PA 19422-3001

Date of Hearing: January 7, 2014

Record Closed: January 15, 2014

Date of Decision: January 28, 2014

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

 

INTRODUCTION AND PROCEDURAL HISTORY

The Child named in the title page of this decision (Child) is an eligible resident of the Intermediate Unit named in the title page of this decision (IU) and was an eligible resident of the IU during the period of time relevant to this decision.1 (NT 6-7.) Child is identified with Developmental Delay pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) and Pa. Code Chapter 14, and is receiving Early Intervention (EI) services. (NT 7.)

Parent requested due process under the IDEA, alleging that the IU failed to provide an appropriate evaluation and failed to provide the Child with a free appropriate public education (FAPE).

The hearing was completed in one session, and the record closed upon receipt of written summations. I conclude that the IU’s challenged actions were appropriate, except for its failure to provide speech and language services at home as required by the governing IEP. I order compensatory education for this failure.

ISSUES

  1. Was the IU evaluation dated July 19, 2013, appropriate?
  1. Did the IU evaluation inappropriately fail to identify Child with Autism?
  2. Did the IU inappropriately fail to provide services within fourteen days of the issuance of the IEP, including speech and language therapy, occupational therapy, and specialized instruction?
  3. Did the IU fail to implement the IEP appropriately by failing to provide speech and language therapy services to Child at home?
  4. Did the IU fail to offer and provide Child with a free appropriate public education by failing to provide appropriate amounts of speech and language therapy services?
  5. Should the hearing officer order the IU to provide compensatory education to Child as a remedy for any of the above alleged denials of a FAPE to Child?
E-A-Montgomery-County-Intermediate-Unit-ODRNo-14382-13-14-KE

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