EM vs. Wissahickon School District

PENNSYLVANIA
SPECIAL EDUCATION HEARING OFFICER
DECISION AND ORDER

File Number: 6916/06-07 AS

Child’s Name: EM

Date of Birth: August 19, 1990

School District: Wissahickon

Type of Hearing: Closed

For the Student:

Ms.

David T. Painter, Esq. McAndrews Law Office 30 Cassatt Avenue Berwyn, PA 19312

For Wissahickon School District:

James Malley, Supervisor of Special Education
Wissahickon School District
601 Knight Road

Ambler, PA 19002

Scott H. Wolpert, Esq.
Timoney, Knox, Hasson & Weand 400 Maryland Drive
P.O. Box 7544
Fort Washington, PA 19034

Hearing Request Date: August 15, 2006

Unsuccessful Resolution Meeting Date: Waived

Hearing Dates: November 20, 21 and 22, 2006

Date Record Closed: December 15, 2006

Decision Date: December 28, 2006

Hearing Officer: Daniel J. Myers

BACKGROUND

Student is a xx year old resident of the Wissahickon School District (School District), currently attending the [redacted] (hereinafter “Private School,”) a therapeutic residential school in [state redacted]. Contending that the School District has not offered a free and appropriate public education since April 2005, Student’s parent seeks reimbursement of Private School tuition and compensatory education for the 2005-2006 school year. For the reasons explained below, I find for the School District.

ISSUES

  • Whether the School District has denied a free and appropriate public education to Student for the 2004-2005 and 2005-2006 school years; and
  • Whether Student’s parent is entitled to tuition reimbursement for the 2006-2007 school year.
EM-Wissahickon-ODRNo-6916-06-07-AS

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