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
- 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?
- 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?
- Did the Central Bucks School District fail to offer Student an appropriate IEP for the 2006-2007 school year?
- 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?
- 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?