EL vs. Central Bucks School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER

DECISION
DUE PROCESS HEARING

Name of Child: EL

ODR #6958/06-07 LS

Date of Birth: Xx/xx/xx

Dates of Hearing: November 13, 2006 January 2, 2007 January 22, 2007 January 30, 2007 March 2, 2007

CLOSED HEARING

Parties to the Hearing: Mr. and Mrs.

Central Bucks School District 20 Welden Drive
Doylestown, PA 18901

Representative:

Frederick Stanczak, Esquire 179 North Broad Street Doylestown, PA 18901

Scott Wolpert, Esquire
Timoney Knox
400 Maryland Drive, PO Box 7544 Fort Washington, PA 19034

Date Last Transcript Received: March 6, 2007

Date Record Closed: March 14, 2007

Date of Decision: March 27, 2007

Hearing Officer: Linda M. Valentini, Psy.D.

Background

Student is a xx-year-old eligible student who resides with Mr. and Mrs. , her parents (hereinafter Parents) in the Central Bucks School District (hereinafter District). This case involved an allegation of denial of a free appropriate public education (FAPE) for the 2005-2006 school year and a consequent request for compensatory education, specifically that Student needed and was not provided with speech/language services, needed and was not provided with a behavior support plan, and was not appropriately instructed in the areas of reading, mathematics and written expression. The case also involved an allegation that the IEP offered for the 2006-2007 school year was inappropriate, leading to a request for tuition reimbursement related to Student’s unilateral placement at the Private School.

Issues1 and 2

  1. Did the Central Bucks School District fail to offer Student a free, appropriate public education by means of an appropriate IEP that was appropriately implemented during the 2005-2006 school year, specifically in the areas of speech/language services, a behavior support plan, and effective instruction in reading, mathematics and writing?
  2. If the Central Bucks School District failed to offer Student a free appropriate public education for the 2005-2006 school year, is she entitled to compensatory education, of what type and in what amount?
  3. Did the Central Bucks School District fail to offer Student an appropriate IEP for the 2006-2007 school year?
  4. If the Central Bucks School District failed to offer Student an appropriate IEP for the 2006-2007 school year, was the placement unilaterally chosen by the Parents appropriate?
  5. If the Central Bucks School District failed to offer Student an appropriate IEP for the 2006-2007 school year, and the placement unilaterally chosen by her Parents was appropriate, are there any equitable considerations that might reduce the District’s responsibility for tuition reimbursement?
EL-CentralBucks-ODRNo-6958-06-07-LS

Leave a Reply

Pennsylvania

Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
SUPER LAWYERS
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.