HF vs. Quaker Valley S.D.

SPECIAL EDUCATION HEARING OFFICER

DECISION

Child’s Name: HF

Date of Birth: xx/xx/xx
Date(s) of Hearing December 4, 2007; December 5, 2007; December 13, 2007; April 10, 2008*
CLOSED HEARING
ODR NO. 8131/2007-08 KE

Parents
Mr. and Mrs.

School District:

Quaker Valley S.D. 203 Graham Street Sewickly, PA 15143

Parents’ Representative:

Edward Feinstein, Esq. 1705 Allegheny Bldg. 429 Forbes Avenue Pittsburgh, PA 15219

District Representative:

Patricia Andrews
Andrews & Price
1500 Ardmore Blvd., Suite 506 Pittsburgh, PA 15221

Date Final Transcript Received: April 13, 2008 Date Record Closed: April 30, 2008
Date of Decision: June 5, 2008**
Hearing Officer: Margaret Drayden, Esq.

*Parties waived the 45-day time period.
**Decision was delayed due to a medical emergency.

Précis

Student is currently a 10th grade student attending [redacted] Academy, a private, residential school. He has a history of diagnoses, including ADHD, executive dysfunction, nonverbal learning disorder, Asperger’s Syndrome, and depression. Student began school in the District as a regular education 5th grade student, was identified in September 2004 as OHI. He continued to have difficulties with behavior through November 9, 2005, when Parents withdrew Student. Student completed the 8th grade in the Cyber Charter School. He briefly attended a private residential school but was unsuccessful there. He returned home, Parents sought another placement and notified the District that they would be seeking tuition reimbursement for the future placement. The District assessed Student, offered an IEP and NOREP with Resource Learning Support. Parents rejected the IEP as not offering FAPE.

Stipulations

  1. 11/26/06 correspondence from Parents’ attorney to District requesting tuition reimbursement. (P-19.)1
  2. 7/30/07 correspondence from Parents’ attorney to District forwarding Psycho- Educational Evaluation by Dr. P. (P-26.)
  3. 8/27/07 correspondence from Parents’ attorney to District restating parents’ position, requesting dates for a Resolution Session and restating request for tuition reimbursement. (P-27.)
  4. 9/17/07 Due Process Complaint Notice and cover letter from Parents’ attorney. (SD-N.)
  5. 9/27/07 Answer to Due Process Complaint. (SD-O.)
  6. 1/07 Academy Service Plan. (SD-P .)
HF-Quaker-Valley-ODRNo-8131-2007-08-KE

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