Pennsylvania
Special Education Hearing Officer
DECISION
Child’s Name: G. W.
Date of Birth: [redacted]
Dates of Hearing:
October 23, 2015 December 22, 2015 January 11, 2016
CLOSED HEARING
ODR Case # 16718-1516AS
Parties to the Hearing: Parent[s]
Methacton School District 1001 Kriebel Mill Road Norristown, PA 19403
Representative:
Mark Voigt, Esquire
Plymouth Meeting Executive Campus 600 West Germantown Pike
Suite 400
Plymouth Meeting, PA 19462
Christina Stephanos, Esquire Sweet Stevens
331 Butler Avenue
New Britain, PA 18601
Date Record Closed: February 8, 2016
Date of Decision: March 2, 2016
Hearing Officer: Jake McElligott, Esquire
INTRODUCTION
Student is a [mid-teen aged] student residing in the Methacton School District (“District”). The parties do not dispute whether the student qualifies as a student with a disability under the Individuals with Disabilities in Education Improvement Act of 2004 (“IDEIA”)1. Parent claims that the District owes the parent tuition reimbursement for a unilateral private placement undertaken for the 2015-2016 school year because the District’s proposed program and placement was not designed to provide a free appropriate public education (“FAPE”) to the student. Parents also make a claim for reimbursement for a private evaluation of the student.
The District counters that its program and placement proposed for the 2015-2016 school year are reasonably calculated to provide FAPE to the student and, as such, parent is not entitled to tuition reimbursement for alleged violations of IDEIA, nor to reimbursement for the private evaluation of the student.
For the reasons set forth below, I find in favor of the parent on the issue of tuition reimbursement but in favor of the District on the issue of reimbursement for the evaluation.
ISSUES
Is the parent entitled to tuition reimbursement for the unilateral private placement undertaken for the 2015-2016 school year?
Is parent entitled to reimbursement for the private evaluation of the student?
G-W-Methacton-ODRNo-16718-1516AS