Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: E.H.
Date of Birth: [redacted]
Dates of Hearing: 4/1/15, 5/18/15, 5/19/2015, 5/27/15, 6/5/2015, 6/18/2015
CLOSED HEARING
ODR File No. 15720-14-15-AS
Parent Parent
Local Education Agency
Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403-1047
Parent Attorney
Liliana Yazno-Bartle, Esquire Law Offices of Caryl Andrea Oberman, LLC
705 North Easton Road Willow Grove, PA 19090
LEA Attorney
Sharon Montanye Esq.
Sweet, Stevens, Katz & Williams P.O. Box 5069
331 Butler Avenue
New Britain, PA 18901
Date Record Closed: July 7, 2015
Date of Decision: July 27, 2015
Hearing Officer: William Culleton Esq., CHO
INTRODUCTION
The Student1 is an eligible resident of the respondent District, and has completed first grade. (NT 14-15.) The District has identified Student with Emotional Disturbance under the Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. (IDEA). (NT 14-15.)
Parent asserts that the District failed to offer and provide Student with an appropriate placement and with a free appropriate public education (FAPE) as required by the IDEA during the period relevant to this matter, Student’s kindergarten (2013-2014) and first grade (2014-2015) school years. Parent seeks compensatory education and an order that the District place Student in a more restrictive, more intensive educational setting, with services as specified in an evaluation report by an evaluator in private practice. Parent also alleges that the District failed to produce all of Student’s educational records as requested; therefore, Parent seeks an order to produce educational records.
The District denies all claims and asserts that Parent obstructed its efforts to provide a FAPE.
The hearing was concluded in six sessions. The record closed upon receipt of written summations. I have reviewed and considered all of the testimony and all exhibits admitted into evidence. I conclude that the District failed to provide an appropriate placement for Student and I order the IEP team to place Student in a small group setting forthwith.
ISSUES
- Did the District fail to offer and provide Student with an appropriate placement during Student’s kindergarten and first grade school years?
- Did the District fail to provide Student with a FAPE during Student’s kindergarten and first grade school years?
- Did the District fail to provide Student with all requested educational records of the Student?
- Should the hearing officer order the District to change Student’s placement and educational setting, with specified special educational services?
- Should the hearing officer order the District to provide Student with compensatory education for or on account of all or any part of the relevant period from the first day of school in the 2013-2014 school year until such time as the District should offer an appropriate placement and a FAPE to Student?
- Should the hearing officer order the District to produce any educational records?