GW vs. Methacton School District

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

  1. 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?
  2. 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?
  3. Are the Parents entitled to tuition reimbursement during the 2013-14 school year?
  4. Are the Parents entitled to reimbursement for the cost of an independent educational evaluation (IEE)?
  5. Are the Parents entitled to reimbursement for the cost of expert testimony?
G-W-Methacton-ODRNo-14072-1213KE

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