JE vs. Boyertown Area School District

Special Education Hearing Officer


Child’s Name: J.E.

Date of Birth: [redacted]

ODR No. 2877-11-12-KE


Parties to the Hearing: Parents

Boyertown Area School District 911 Montgomery Avenue Boyertown, PA 19512


Mark W. Voigt, Esquire
Plymouth Meeting Executive Campus 600 West Germantown Pike, No. 400 Plymouth Meeting, PA 19462

Jennifer Donaldson, Esquire
Sweet, Stevens, Katz & Williams LLP 331 East Butler Avenue
P.O. Box 5069
New Britain, PA 18901

Dates of Hearing April 17, 2012; June 7, 2012; June 30, 2012

Record Closed: July 12, 2012

Date of Ruling: July 23, 2012

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


The Student named in the title page of this decision (Student) is an eligible resident of the school district named in the title page of this decision (District). (NT 9- 10.) The District has identified Student with Autism, Speech or Language Disorder and Specific Learning Disability. (NT 10.) Student was a Student in a private college preparatory school for children with learning differences (HTPS) until graduation in 2012. Parents assert that the District failed to offer the Student a free appropriate public education (FAPE), as required by the Individuals with Disabilities Education Act, 20 U.S.C. §1401 et seq. (IDEA) and section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 et seq. Parents seek reimbursement for private school tuition and transportation to the private school, private Extended School Year services (ESY) and reimbursement for the cost of a private educational evaluation requested by Parents. (NT 297-307.) The District asserts that, at all times relevant to this matter, it has offered services reasonably calculated to provide meaningful educational benefit in the least restrictive environment appropriate to Student’s needs.

The hearing was concluded in three sessions. The parties submitted written summations, and the record closed upon receipt of those summations.


  1. Was the District’s February 2012 Re-evaluation Report appropriate under the IDEA?
  2. Did the District offer Student a FAPE in a timely manner for the 2010- 2011 and 2011-2012 school years?
  3. Was the HTPS an appropriate placement for the Student for the 2010-2011 and 2011-2012 school years?
  4. Should the hearing officer order the District to reimburse Parents for the cost of HTPS tuition and transportation of the Student to HTPS for all or any part of the 2010-2011 and 2011-2012 school years?
  5. Should the hearing officer order the District to reimburse Parents for the cost of summer educational programming for Student due to a failure by the District to offer appropriate ESY services for the summer of 2010 or for the summer of 2011?
  6. Should the hearing officer order the District to reimburse Parents for the cost of a private evaluation submitted to the District and for the cost of expert testimony in this proceeding by the author of that report?

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