JE vs. Boyertown Area School District

Pennsylvania
Special Education Hearing Officer

DECISION

Child’s Name: JE

Date of Birth: XX/XX/XX

Dates of Hearing: 11/17/08, 12/9/08, 12/10/08, 2/3/09, 2/5/09, 2/6/09

CLOSED HEARING

ODR No. 9301/08-09 KE

Parties to the Hearing: Parents
Mr. & Mrs.

School District

Boyertown Area
911 Montgomery Avenue Boyertown, PA 19512-9699

Representative:

Parent Attorney

Frederick Stanczak, Esq. 179 North Broad Street Doylestown, PA 18901

School District Attorney

Mark Fitzgerald, Esq.
Fox, Rothschild, LL.P .
10 Sentry Parkway, Suite 200 P.O. Box 3001
Blue Bell, PA 19422-3001

Date Record Closed: March 4, 2009

Date of Decision: March 19, 2008

Hearing Officer: Anne L. Carroll, Esq.

INTRODUCTION AND PROCEDURAL HISTORY

Student , who is IDEA eligible due to Asperger’s Syndrome and learning disabilities, was educated at [REDACTED] School, an approved private school (APS), via a Boyertown Area School District placement from the time he and his Parents moved into the District through the end of the 2007/2008 school year. Contending that School had become inappropriate for Student by the end of Student’s 9th grade year, Parents sought an alternative placement from the District during the summer of 2008. When the parties could not agree upon a District-provided placement by the beginning of the 2008/2009 school year, Parents unilaterally enrolled Student at [REDACTED] Current School, a private college for students with leaning differences. Parents then filed a due process complaint seeking reimbursement for tuition and transportation costs.

The hearing was held over six sessions from mid-November 2008 through the first week of February 2009. For the reasons which follow, I find that Boyertown Area School District did not offer Student an appropriate special education program and placement for the 2008/2009 school year, and will award Parents reimbursement for tuition and for the cost of transporting Student to Current School.

ISSUES

Is the Boyertown Area School District required to reimburse Student’s Parents for the costs of tuition at Current School for the 2008/2009 school year, and for their transportation costs?

  1. Was the program offered for the 2008/2009 school year by Boyertown Area School District’s designee, School, appropriate for Student?
  1. Is Student’s program/placement at Current School appropriate for him?
  2. Are there any equitable reasons to deny or reduce reimbursement?
JE-Boyertown-Area-ODRNo-9301-08-09-KE

Leave a Reply

Pennsylvania

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

Rate By
SUPER LAWYERS
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.