SPECIAL EDUCATION HEARING OFFICER
DUE PROCESS HEARING
Name of Student: E.G.
Date of Birth:
Dates of Hearing: May 7, 2013 June 4, 2013
Parties to the Hearing: Parents
Downingtown Area School District 540 Trestle Place
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
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.
- Did the District offer Student a free appropriate public education in the areas of reading and written expression?
- 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?
- Must the District reimburse the Parents for tuition and transportation costs for Private School beginning January 14, 2013?