FC vs. Norristown Area School District

Pennsylvania
Special Education Hearing Officer

FINAL DECISION AND ORDER

Student’s Name: F.C.

Date of Birth:
ODR No. 13322-1213AS

CLOSED HEARING

Parties to the Hearing:Parents

Norristown Area School District 401 North Whitehall Road Norristown, PA 19403

Representative:

Dean M. Beer, Esquire McAndrews Law Office, P.C. 30 Cassatt Avenue Berwyn, PA 19312

Scott H. Wolpert, Esquire (argued) Christine M. O’Brien, Esquire Timoney Knox, LLP 400 Maryland Drive P.O. Box 7544 Fort Washington, PA 19034

Date of Hearing: 02/21/13, 02/28/13, 04/09/13, 04/11/13, 05/22/13

Record Closed: June 14, 20131

Date of Decision: June 28, 2013

Hearing Officer: Brian Jason Ford

Introduction

This case concerns the educational rights of the Student, and arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. An extensive record was developed over five hearing sessions. In essence, the Parents allege that the Student was denied a Free Appropriate Public Education (FAPE) while attending the District. As a result of the deficiencies in the District’s programming, the Parents enrolled the Student in a private school. In this hearing, the Parents seek compensatory education to remedy the denial of FAPE and tuition reimbursement for the private school placement.

Issues

1. Was the Student denied a FAPE between December 2010 and the Student’s enrollment in a private school? If so, what amount of compensatory education constitutes an appropriate remedy?

2. Are the Parents entitled to reimbursement for the cost of the Student’s tuition at a private school incurred during the 2012-13 school year?

F-C-Norristown-Area-ODRNo-13322-1213AS

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