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?