Pennsylvania Special Education Hearing Officer
DECISION
Child’s Name: G.K.
Date of Birth: [redacted]
Dates of Hearing:1
February 8, 2017 – February 23, 2017 – May 22, 2017
CLOSED HEARING
ODR Cases #18356-1617AS
Parties to the Hearing: Parent[s]
Colonial School District
250 Flourtown Road Plymouth Meeting, PA 19520
Representative: Pro Se
Karl Romberger, Esquire 331 East Butler Avenue New Britain, PA 18901
Date of Decision: June 13, 2017
Hearing Officer: Michael J. McElligott, Esquire
INTRODUCTION
Student (“student”)2 is pre-adolescent student residing in the Colonial School District (“District”) who has been identified as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)3. The student has been identified under the terms of IDEIA as a student with a disability with needs in reading comprehension, written expression, math problem-solving, and social language/social skills.
Parents dispute the appropriateness of the student’s programming and progress toward goals. Of particular concern to parents are the student’s continuing struggles on regular education assessments.
For the reasons set forth below, I find that on certain goals in the student’s individualized education program (“IEP”), the student did not make progress. In other instances, I find that there are substantive issues and procedural violations that amount to a denial of FAPE. Therefore, compensatory education will be awarded. However, there is much in the student’s programming that evidences appropriate IEP goals, and that programming and those goals will be addressed in directives to the student’s IEP team.
ISSUES
Did the student make progress on goals under the currently implemented IEP?
Is the proposed September 2017 IEP appropriate?