Pennsylvania
Special Education Hearing Officer
FINAL DECISION AND ORDER
Student’s Name: G.W.
Date of Birth: [redacted]
ODR No. 14072-1213KE
CLOSED HEARING
Parties to the Hearing:
Parents
Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403
Representative:
Mark Voigt, Esquire
600 West Germantown Pike, #400 Plymouth Meeting, PA 19462
Christina M. Stephanos, Esquire 331 East Butler Avenue
PO Box 5069
New Britain, PA 18901
Dates of Hearing: 08/26/2013, 09/27/2013, 10/02/2013
Record Closed: 10/25/2013
Date of Decision: 11/08/2013
Hearing Officer: Brian Jason Ford
Introduction
This matter arises under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973 (Section 504),
34 C.F.R. Part 104.4. Except for the cover page of this decision, information that identifies the Student and Parents has been omitted to the greatest extent possible.
The Parents requested this hearing and allege that the District violated the IDEA and Section 504 by failing to provide the Student a free appropriate public education (FAPE). The Parents demand compensatory education to remedy this violation. The
Parents have also enrolled the Student in a private school. From the Student’s private school enrollment onward, the Parents demand tuition reimbursement.
There is no dispute that the Student is IDEA-eligible, and was IDEA-eligible at all times pertinent to this decision. Currently, the Student is a middle-school-aged 8th grader.
Issues
- Was the Student denied a FAPE during the 2011-12 and 2013-13 school years and, if so, is the Student entitled to compensatory education to remedy that denial?
- Was the Student denied a FAPE in the summer of 2012 or the summer of 2013 and, if so, is the Student entitled to compensatory education to remedy that denial?
- Are the Parents entitled to tuition reimbursement during the 2013-14 school year?
- Are the Parents entitled to reimbursement for the cost of an independent educational evaluation (IEE)?
- Are the Parents entitled to reimbursement for the cost of expert testimony?