EG vs. Downingtown Area School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Student: E.G.

ODR #13618/12-13AS

Date of Birth:

[redacted]

Dates of Hearing: May 7, 2013 June 4, 2013

CLOSED HEARING

Parties to the Hearing: Parents

Downingtown Area School District 540 Trestle Place
Downingtown, PA19335

Representative:
Vivian Narehood, Esquire Gibbel, Kraybill and Hess 41 East Orange Street Lancaster, PA 19380

Sharon Montanye, Esquire Sweet, Stevens, Katz & Williams 331 E. Butler Avenue
New Britain, PA 18601

Date Record Closed : July 14, 2013

Date of Decision: July 25, 2013

Hearing Officer: Linda M. Valentini, Psy.D., CHO Certified Hearing Official

 

Background

Student1 is an elementary-school-age student who is eligible for special education pursuant to the Individuals with Disabilities Education Act [IDEA] under the current classification of learning disabled, and consequently a protected handicapped individual under Section 504 of the Rehabilitation Act of 1973 [Section 504] as well as the federal and state regulations implementing those statutes.

This matter concerns a due process request from the Parents who are seeking compensatory education for an alleged denial of a free appropriate public education [hereinafter FAPE] and tuition reimbursement for Student’s unilateral placement at a private school [hereinafter Private School]. The District maintains that it has offered Student FAPE in its public school and that compensatory education and tuition reimbursement should be denied.

Issues

  1. Did the District offer Student a free appropriate public education in the areas of reading and written expression?
  2. If the District did not offer Student a free appropriate public education in the areas of reading and written expression is Student entitled to compensatory education and if so in what form and in what amount?
  3. Must the District reimburse the Parents for tuition and transportation costs for Private School beginning January 14, 2013?
E-G-Downingtown-Area-ODRNo-13618-12-13AS

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