HL vs. Downingtown Area School District

Special Education Hearing Officer


Child’s Name: H.L.

Date of Birth: [Redacted]

ODR No. 2555-11-12-AS


Parties to the Hearing: Parents

Downingtown Area School District 540 Trestle Place
Downingtown, PA 19335-2643


Dennis C. McAndrews, Esquire Heidi B. Konkler-Goldsmith, Esquire McAndrews Law Offices, P.C.
30 Cassatt Avenue
Berwyn, PA 19312

Andrew E. Faust, Esquire
Sweet, Stevens, Katz & Williams, LLP 331 Butler Avenue
New Britain, PA 18901

Dates of Hearings: Submitted on Stipulations of Fact

Record Closed: May 1, 2012

Date of Decision: May 15, 2012

Hearing Officer: William F. Culleton, Jr., Esquire, CHO


The child named in the title page of this decision (Student) is enrolled in a private school (School), and is a resident of the school district named in the title page of this decision (District). Parents, named in the title page of this decision, seek tuition reimbursement for their unilateral placement of Student at the School for the 2011-2012 school year, pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA), and the Pennsylvania Code, 22 Pa. Code §14.151 et seq. The District offered an Individualized Education Program (IEP) and Notice of Recommended Educational Placement (NOREP) to Student for the 2011-2012 school year, pursuant to a recent re-evaluation; it asserts that it is not responsible for the cost of tuition for the 2011-2012 school year.

The hearing was waived and the parties submitted stipulations of fact and supporting documents. The record closed upon receipt of the parties’ written briefs and responses.


  1. Did the District offer to Student a free appropriate public education (FAPE) in the least restrictive environment (LRE) for the 2011-2012 school year?
  2. If not, is the private school program, previously provided to Student by Parents through a unilateral placement, appropriate for the 2011-2012 school year?
  3. Does equity support tuition reimbursement for the Parents’ unilateral placement, and should the hearing officer order the District to pay tuition reimbursement to Parents for the private school tuition for the 2011-2012 school year?

Leave a Reply


Montgomery Law, LLC
1420 Locust Street, Suite 420
Philadelphia, PA 19102
T/F. 215-650-7563

Rate By
Joseph W Montgomery, II

New Jersey

Historic Smithville, Suite 1
1 N. New York Road
Galloway, NJ 08205
(all mail to Phila. office)
T. 856-282-5550

Disclaimer: Montgomery Law, LLC does not give legal advice until after it has entered into an attorney-client relationship. No part of this website creates an attorney-client relationship. All Parts of this website are Attorney Advertising. The photos and videos on this website contain portrayals of clients by non-clients, re-enactment of scenes, pictures and persons which are not actual or authentic and depictions which are a dramatization.